​Electronic Services Agreement - Personal Accounts

(also referred to as “Direct Services Agreement”)

Introduction

1. Introduction
2. Changes to this Agreement
3. Other Agreements
4. Definitions

Part 1 — General Terms and Conditions

1. Use of Services
2. Availability of Service
3. Personal Information
4. Service Fees
5. Location Based Services
6. User Licensing Terms
7. Personal Access Security Codes
8. Proprietary Rights
9. Security
10. Prevention
11. Investigation and Assistance
12. Third Party Services and Links

Part 2 — ELECTRONIC SERVICE FEATURES

1. Cheque Images and Documents
2. Messages & Alerts
3. Bill Payment Service
4. Transfer Service
   • 4.1 Internal Account Transfers
   • 4.2 External & Linked Accounts
   • 4.3 epost™ Service
   • 4.4 Interac e-Transfer®
5. Remote Deposit Service
6. Online Payment Service
7. Mobile Payment Services

Introduction: Your Agreement for Use of Electronic Services

This Agreement sets out the terms and conditions of your use of Electronic Services (online and mobile banking) offered by us. This Agreement is supplemental to the Personal Member Agreement. It also helps you understand your rights and obligations to protect your Account and personal information from fraudulent or unauthorized use when you use Electronic Services.

Electronic Services are only available from us if you have already agreed to or you are already deemed bound by the terms of our most current Personal Member Agreement. The Personal Member Agreement is available here, or you can get a copy from your branch. If you have not yet done so, by subscribing for or using Electronic Services with us, you agree to be bound by the most current version of our Personal Member Agreement and as it may be amended from time to time.

By using our Electronic Services, you also agree to the terms and conditions outlined in this Agreement, regardless of the technology you use to access the services. We make no warranties concerning Electronic Services except those expressly set out in this Agreement. Any other advice, information or statements we provide about Electronic Services (oral or written) do not represent a warranty and do not add to or amend this Agreement.

Changes to this Agreement – Electronic Services are constantly changing. We may change this Agreement at any time. We will provide notice of any change to this Agreement in the manner set out in the Personal Member Agreement. If you use our Electronic Services after the effective date of any change, your use confirms your agreement to the changes.

Other Agreements – This Agreement must be read in conjunction with the terms and conditions of other agreements that you agreed to comply with when you opened or used your Accounts and services with us. For most matters between you and us, the Personal Member Agreement, which can be found here, is paramount and will govern our relationship with you. If this Agreement doesn’t mention a particular matter or there is a conflict between this Agreement and another agreement with us, the other agreement will apply unless a specific section of this Agreement stipulates that the terms of this Agreement are paramount for the matters at issue.

Definitions – Capitalized terms that are used and not specifically defined in this Agreement have the same meaning as set out in the Personal Member Agreement. Some terms in this Agreement use different words or phrases than those used in the Personal Member Agreement but refer to the same concept. We have identified those equivalent words and phrases in this Agreement as follows:

“you, your, yourself” means the same as “Depositor” and means you the member who holds the Account with us; and

“we, us, our” means the same as “Financial Institution” and means First West Credit Union, including Envision Financial, Valley First, Enderby & District Financial and Island Savings, as well as any other division of First West Credit Union.

“Electronic Services” includes both “Direct Services” and “Mobile Payment Services”.

“Direct Services” means the services offered that allow you to access your Account using an Access Terminal. However, Direct Services do not include card services such as Debit Cards including those provided by a Third Party.

“Mobile Payment Services” means electronic banking services that can be performed with a Debit Card and PIN or a virtual Debit Card and Passcode using a Mobile Device that allows you to perform Point of Sale Transactions using a Mobile Device.

“Debit Card” means a card issued by us that allows you, as the holder of the card, to make deposits and withdrawals or authorise transactions on your account using an ATM. A Debit Card can also be used to purchase goods and services from merchants and/or can be used with Mobile Payment Services.

“Virtual Debit Card” means the electronic equivalent of a Debit Card when used with Mobile Payment Services. All references to "Debit Card" in this Agreement include a virtual Debit Card registered for use with the Mobile Payment Service.

“Mobile Device" means a mobile device such as and including a computer, a portable hand-held device, or a telephone including any form of mobile telephone that is capable of being used in connection with the Mobile Payment Service.

“Mobile Payment Transaction” means a Transaction made using Mobile Payment Services.

“POS” means Point of Sale, meaning an electronic terminal used by cardholders to pay for goods or services at a retail or service outlet.

“POS Transaction” means the use of a Debit Card to conduct a contact Transaction with its associated PIN or a contactless Transaction without the Debit Card’s associated PIN or using a Mobile Device.

Applicable Law & Jurisdiction – This Agreement is governed by the laws of BC. Your compliance with applicable laws is your responsibility. You agree that:

• You will not use our Services to initiate any fund transfers or transactions that violate or seek to evade the laws of Canada or any other applicable jurisdiction; and
• We can rely on your statements, actions and instructions being in conformity with applicable law without further inquiry; and
• Irrespective of where electronic service applications have been downloaded to or enabled on your Mobile Device, the laws and jurisdiction noted above will apply.
  
  

Part 1 – General Terms and Conditions

• Use of Services - You may use Electronic Services as soon as we provide access. We may add, remove or change any part or feature of Electronic Services and how it is used by you without notice.

  When you use our Electronic Services or any service provided by us directly or through a Third Party, you agree to the following principles:

  • Not to use these services for illegal, fraudulent, malicious or defamatory purposes;
  • Not to do anything that could affect the security, integrity, effectiveness or connectivity of these services;
  • Not to do anything that could negatively affect our reputation or that of another person; and
  • To provide accurate, current and complete information about yourself and your Accounts with us. You also agree to tell us about any changes to this information in a reasonable period of time.

  If you violate these principles, your use of our Electronic Services or any service provided by Us, directly or through a Third Party, may be suspended or terminated at our discretion.

• Availability of Services – Your access to your Account depends on technology and equipment which may be affected by interruptions beyond our control. We cannot guarantee that Electronic Services will not be interrupted and we are not liable for any resulting consequences or losses.
• Personal Information – The privacy and security of your personal information is important to Us. Please review our Privacy Policy for more information.
• Service Fees – Service fees for your use of Electronic Services, including any fees charged by a Third Party, will be deducted from your Account. These fees are in addition to any other service fees or charges that may apply to your Account. You are responsible for understanding fees and charges for any services you use or request. We will give at least 30 days’ notice of any changes to our service fees. You can view a list of our current service fees here.
• Location Based Services – Our Mobile App, which includes the Mobile Payment Service, may be used in conjunction with location based services, and you agree that we may collect, transmit, process, display, disclose, maintain or use location based data.
• User Licensing Terms – You agree not to copy, modify, adapt, enhance, translate or create a derivative work of the Mobile Payment Service or any part of the Service. You agree not to license, sublicense, market or distribute the Mobile Payment Service, or provide any copies to a Third Party. You will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Mobile Payment Service, and you will not use any part of the Mobile Payment Service to gain access to interconnecting software applications to do the same.

• Personal Access Security Codes – There are several types of personal access security codes that are required to be used by you depending on the Electronic Service you are using. Any instruction we receive that is authorized by your personal access security code(s) has the same legal effect as a written instruction signed you.

  • “PAC” means the personal access code or word used with Direct Services to access an Account.
  • “Passcode” means the numerical code selected by the Debit Card holder to authorize certain Mobile Payment Transactions.
  • “PIN” means a secret code intended for the sole use of a cardholder. The PIN is used in conjunction with a Debit Card to confirm the identity of the cardholder and to authorize Debit Card Transactions. If my Access Terminal or Mobile Device is accessible with a biometric substitute for a PIN (such as a finger print or iris scan), then in this Agreement, PIN includes such biometric.
  • “PIW” means the personal identification word used in connection with Remote Instructions.

  You are responsible any time your personal access security code(s) is used. You are bound by each transaction authorized using your personal access security code(s) and authorized transactions cannot be cancelled.

  Anyone with access to your personal access security code(s) could access your Account and authorize transactions. If this happens, you are liable, even if the transaction benefits someone other than you.

• Proprietary Rights – You may use content delivered to you through Electronic Services only as it is provided to you. You may not copy, distribute or create other products from any aspect of the service.

   

• Security – Ensuring your online and mobile banking experience is secure is important. Security is a team effort and you play a leading role in the ongoing fight against fraud. When you meet your responsibilities and abide by this Agreement, but still experience loss due to fraud, we will work with you to resolve the loss up to the amount of the fraudulent transaction.

   

• Prevention – To prevent others from accessing your Account, you agree to:

  • Keep your personal access security code(s) secure. For example, do not write a personal access security code down or share it with family or friends;
  • Never leave your online banking or mobile payment session unattended;
  • Log out of your computer or mobile device when you complete your online banking;
  • Protect your computers and mobile devices with a password or biometric log-in protection and use current and updated software, including, but not limited to, operating, anti-malware and anti-virus software;
  • If you sell, give away or dispose of your Mobile Device, delete our Mobile Payment/Mobile Banking applications from your Mobile Device.
  • Never use the Mobile Payment Service on a Mobile Device that you know or suspect has had its security or integrity compromised (e.g. where the device has been “rooted” or had its security mechanisms bypassed).
  • Be aware of the risks of and do not respond to unsolicited emails, telephone calls or text messages from individuals purporting to be our representatives;
  • Avoid accessing Electronic Services using public or shared computers, in a public place or through an open WiFi or shared Bluetooth portal; and,
  • Comply with any additional security measures we recommend or implement. For example, you can monitor activity in your Accounts through our Electronic Services Messages and Alerts feature.

  You can change your personal access security code(s) at any time through Electronic Services. You must notify us immediately and change your personal access security code(s) if:

  • There is a change in who is authorized to approve transactions on your Account;
  • You suspect an unauthorized individual or unauthorized Third Party may know your personal security access code(s); or
  • You learn of any Account activity you did not authorize.

  Suspicious Circumstances – If you suspect fraud or any kind of suspicious or unlawful activity with respect to your Accounts with us, you have a duty to immediately notify us. You must also immediately change your personal access security code(s) either through online services or by calling us.

  Investigation and Assistance - We may investigate any suspicious circumstances you disclose. You agree to cooperate and assist both us and any law enforcement authorities in connection with any investigation or prosecution in the event of a claim arising from the services. If we are conducting an investigation related to your Account or services we provided to you, you authorize us, and our agents, representatives or service providers, to collect, use, and disclose your Personal Information for purposes of carrying out the investigation. You agree that we are not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from the sharing or collection of information during the course of any good faith investigation that may be done by us. We may place a hold on all or some of your Accounts during the investigation. If we release that hold, it does not mean that the issue is resolved. If we confirm improper use, we can withdraw or suspend Electronic Services or your Account without notice. You understand and agree that your failure to cooperate in an investigation results in your forfeit of the right to bring claim against us and may result in, at our discretion:

  • Us being unable to complete or fulfill an instruction for you;
  • The suspension of a service;
  • The freezing or closing of an Account held by you; and/or
  • The dishonoring of any claim you have made.

• Third Party Services and Links – A Third Party is any person, firm, corporation, association, organization, or entity other than us or Central 1 Credit Union. For your convenience, we may make services provided by Third Parties available to you. Your relationship with these Third Parties is separate from your relationship with us, may be beyond our control and subject to separate terms, conditions or agreements that you need to accept to use those services. If we use a Third Party to complete a Remote Instruction on your behalf or to provide you a service, you agree that the Third Party is your agent and is not acting as our agent.

  You assume the risks associated with using or accessing Third Party services and websites. We are not liable for the content of those websites or the use of Third Party services. Any disputes related to Third Party services are strictly between you and the Third Party.
  
  

Part 2 – Electronic Service Features

• Cheque Images and Documents – You may view and print images of cheques and other Instruments drawn on your Account. These images may be available before we determine whether the item will be honoured or accepted. Being able to view the image is not an indication that the transaction has been processed or will be honoured by us.

• Messages & Alerts – You can conveniently monitor the activity in your Accounts through messages we post to you and alerts which you can choose to set up. You agree that the message and alert service is for your convenience on an “as is” and “as available” basis. It does not create any obligation upon us, nor does it relieve you from your obligations to review your Account statements or otherwise abide by this Agreement.

  • We may post messages from time to time which can be viewed through our Electronic Services. You can choose to be notified of these messages by creating an alert.
  • We may add new types of alerts or cancel old types of alerts at any time. We may notify you if we cancel an alert, but aren’t obligated to do so.
  • We aim to ensure alerts are timely and accurate. We can’t guarantee their delivery as alerts may be delayed, stopped or misdirected for a variety of reasons, some that are beyond our control. We can’t guarantee their accuracy, since the content of an alert may be outdated due to subsequent activity on your Account or delays in sending data across various systems. You will need to verify information received through alerts by accessing your Account through online banking.
  • We do not send any personal information, such as your contact details or Account numbers in alerts. However, alerts may contain other information such as Account balances or transaction details. Be aware that messages and alerts are not encrypted and could be read by anyone with access to your email or mobile device.
  • We do not charge for the delivery of alerts, however, your mobile carrier may charge text or data fees depending on your plan.

  Set Up – You can set up these optional alerts using the alerts tool within Electronic Services. This tool allows you to set up your alert preferences. You may also choose to have alerts sent to:

  • A secondary email address; or
  • A mobile device that accepts text messages.

  If you change the email address or mobile number associated with your messages or alerts, you are responsible to update your alert contacts through the alerts tool.

  If you sign up to have alerts sent to a mobile device, you confirm that you are the Account holder for the device or have the Account holder’s permission to use the device for Electronic Services.

  To use the alerts feature, you must accept additional terms and conditions that will be presented to you before you can set up your alerts.

• Bill Payment Service – This service allows you to make payments to thousands of merchants across Canada. If you make bill payments using Electronic Services, it is your responsibility to:

  • Provide accurate merchant Account billing information and keep it current; and
  • Allow sufficient time for the payment to be received and processed by the merchant before its due date.

  If you make or receive a bill payment in error, we may assist you by initiating or processing a “Bill Payment Error Correction Debit”. You are responsible for any service charges or fees related to the transaction.

• Transfer Service – Transfer Services allow you to:

  • Move your money between your own Accounts with us or other participating financial institutions; and
  • Send funds to and receive funds from individuals and businesses who deal with participating financial institutions.

  4.1 Internal Account Transfers – You may move money between your Accounts held with us at any time. If you do so, you can choose when those funds will be moved. Any interest charged or due to you will be calculated based on the date and time the funds are actually moved between your Accounts based on our records. Transactions may be posted in our records at a date or time that is different than the date and time you initiate the transfer.

  4.2 External & Linked Accounts – You may use Electronic Services to:

  • Transfer funds between your Accounts with us and your Accounts with other financial institutions; and
  • Link multiple Accounts so that you can access them from a single user name (This does not mean your Accounts are merged).

  To link Accounts at other financial institutions you must:

  • Provide written authorization to us to allow the external link to be established;
  • Provide the financial institution number, branch address or number, and Account number of the external Account; and
  • Link only your Accounts.

  We may limit the number, dollar value and type of transfers you can conduct between your Accounts. We have the right to verify or refuse to accept links to any external Account and may limit the number of external Accounts you can link to your Account with us.

  We reserve the right to hold the amount of a transaction to an external or linked Account. During that time, you will not have access to the money. Once a transaction is authorized, funds usually arrive in your Account within three to five business days. We cannot guarantee when a transaction will be processed and are not responsible for any delay. All transactions will be reversed if they cannot be delivered or are returned.

  You may link your Canadian dollar Account only to another Canadian dollar Account. US dollar Accounts can be linked only to US dollar accounts with a financial institution based in Canada.

  4.3 epost™ Service – epost™ is a Third Party service offered by Canada Post that allows you to receive and manage your bills and other documents online. We offer this service simply as a link to their website. The relationship is between you and epost™ and is explained in their terms and conditions with you. 

  Consent to Use and Disclose Information – If you use epost™ services, you consent that we and epost™ may:

  • Prepare, use and disclose reports, other analysis and information about the service or your use of the service; and
  • Disclose your specific data about the total number of merchants you have registered, without identifying those merchants to anyone other than us and our affiliates, and without identifying detailed data of your viewing activities.

  4.4 Interac e-Transfer® – Interac e-Transfer® is a Third Party funds transfer service provided by Interac Corporation, that allows you to send funds to and receive funds from individuals and businesses who deal with participating Canadian financial institutions.

  Availability – Interac e-Transfer® is available only from certain permitted Accounts. We may limit the number and dollar value of transactions sent and received. Interac e-Transfer® services are provided at our discretion.

  Sending a Transfer – your Account will be debited as soon as you initiate a transaction. We may hold the transaction amount until the recipient successfully claims the transaction or it is cancelled. We have no obligation to pay interest on the transaction amount.

  The recipient will receive notice of the transaction approximately 30 minutes after you complete the transaction.

  As the sender, you are responsible for:

  • Providing the recipient’s correct contact information; and
  • Ensuring the recipient consents to your use of that information, including providing it to us, other participating financial institutions and Interac Corporation.

  EMT Answer – When you initiate the transfer, you create an EMT answer or password that the receiver will use to claim the transfer. Both sender and receiver must keep the EMT answer or password confidential. You must not include the EMT answer or password in the transaction details.

  We are entitled to pay the transfer amount to anyone who claims to be the intended recipient and provides the correct EMT answer or password. We are not responsible for any losses or damages incurred if someone other than the intended recipient provides the correct EMT answer or password to claim a transfer.

  Claiming a Transfer – Recipients may claim a transaction using:

  • Our Electronic Services;
  • Another financial institution’s electronic services; or
  • The Interac Corporation payment service.

  Funds may take three to five business days from the day the recipient successfully claims the transaction to arrive in the recipient’s Account. We cannot guarantee the date of deposit and are not responsible for any delay.

  Cancelling a Transfer – A transaction will be returned to the sender if:

  • The recipient declines or fails to claim it within 30 days; or
  • The transaction cannot be successfully sent to the recipient using the contact information provided.

  We may cancel a transaction if we believe a mistake has occurred or we suspect any unlawful or fraudulent activity. The sender may also cancel a transaction before the recipient claims it. We provide the method of transfer between You and the other party, but are not part of the transaction. Any disputes must be resolved between the sender and the recipient.

  Incorrect information – If You claim a transfer using the Interac Corporation payment service, but provide incorrect Account information, Interac Corporation or its agent may request correct Account information from you or may mail you a cheque for the amount of the transfer. We will not pay interest on the transaction amount.

• Remote Deposit Service – Using a mobile device, Remote Deposit Service enables you to take a picture of a cheque payable to you and deposit it securely into your Account with us. Deposits made when we are not open for business may take up to one business day to be credited to your Account.

  Eligible Bill and Official Image – You must only deposit Eligible Bills into your Account using our Remote Deposit Services. An Eligible Bill for Remote Deposit purposes is a cheque in Canadian dollars drawn on a Canadian financial institution for deposit only into a Canadian dollar Account. An Official Image is an electronic image of an Electronic Bill. We are not obliged to accept any item for deposit.

  Depositing a Cheque – When you use Remote Deposit Services to deposit an Eligible Bill, you are responsible for:

  • Acting as an agent on our behalf to create and transmit an Official Image and related information. You cannot delegate this role to anyone. Receiving an Official Image from you via Remote Deposit will be treated the same by us as receiving a cheque from you at one of our branches.
  • Creating an Official Image using a method we authorize such as through our mobile app. As soon as you create the Official Image, you must mark the face of the cheque to indicate that it has been deposited and to prevent accidentally depositing the cheque a second time. Do not destroy any relevant information on the cheque until you verify the deposit;
  • Taking all necessary precautions to prevent anyone else from creating or transmitting a second version of the Official Image of any cheque that you imaged;
  • Creating and transmitting an Official Image of a cheque to us only once, unless we request in writing that you recreate and re-transmit it;
  • Ensuring that an Official Image created and transmitted is of good quality and captures all important details of the cheque;
  • Preserving the original paper version of each cheque transmitted for at least 60 days, but not more than 120 days after deposit;
  • Verifying that the deposit to your Account matches the date and amount of the transmission you made using the Remote Deposit Service;
  • Notifying us immediately if you suspect errors, omissions, irregularities, fraud, forgery, material alteration, duplicate deposit or compromised security; and
  • Ensuring that the cheque you are depositing is made payable to you and only you, is not post-dated, is not stale-dated (more than six months old), is not altered and was not received from anyone other than the person who wrote the cheque.

  If you have any suspicions about a cheque, bring it to your branch and tell us your specific concerns. You must fully co-operate with any inquiry or investigation of these concerns.

  Within five business days of transmission, we may request in writing that you produce and present to us the original cheque of any Official Image created and transmitted by you. If you fail to comply, we can hold or reverse any related credit to your Account. If we request that you re-transmit an Official Image, you are responsible for all costs associated with obtaining a replacement cheque that you have made unusable, destroyed or lost.

  Notices – We will use the contact information you provide to send you electronic notices related to the Remote Deposit Service, including to inform you that we have received an Official Image. These notices are for information purposes only and are no guarantee that the Official Image will be accepted by us, that your Account will be credited or that any credit granted is final, and not subject to reversal.

  Liability – You agree to protect and indemnify us from any liabilities and costs, including reasonable legal expenses, we incur in connection with any claim or demand related to your use of Remote Deposit Services. You must co-operate with us in any such claim or demand.

  You agree to indemnify us for any loss, expenses or damages we incur as a result of any breach of this Agreement or claim connected to:

  • Misuse of Official Images;
  • Items purporting to be Official Images that are not; or
  • Cashing or depositing cheques when the Official Image of the cheque has also been transmitted for collection.

  We are not liable for any expense, loss, damage, or inconvenience resulting from your use of the Remote Deposit Service, including delays in processing transactions.

• Online Payment Service – INTERAC® Online is a Third Party payment service provided by Interac Corporation that allows you to pay for online purchases at participating merchants directly from your Account with Us.

  Transaction Processing – Once the transaction is authorized, the amount of the transaction will be withdrawn from your Account. We may pay the transaction amount to anyone who claims to be the participating merchant and provides the payment authorization details within 30 minutes after you authorize the transaction.

  Cancelling a Transaction – Payment authorization details are sent immediately after you authorize a transaction. Once the merchant receives payment authorization, a transaction cannot be cancelled. If a merchant cancels, declines or fails to claim a transaction within 30 minutes, the transaction amount will be returned to your Account.

  We may cancel a transaction before payment authorization details are sent to the participating merchant if we believe a mistake has occurred or the transaction is a product of unlawful or fraudulent activity.

  Dispute Resolution – All disputes, including requests for refunds, will be handled directly between you and the merchant. Refunds may be credited to your Account through Electronic Services or through another method the merchant deems appropriate.

  Notifications – After you authorize a transaction, we may send electronic notifications related to the Online Payment Service to the contact information you provide. These notifications are for information purposes only and are no guarantee that the merchant will successfully claim the transaction or that you have successfully purchased the product or service.

  Liability – We are not liable for any losses, damages or inconvenience that results from:

  • Funds held or limits set by us, Interac Corporation, a participating merchant, or another financial institution;
  • A person other than the intended merchant receiving the transaction amount; or
  • Your use of Online Payment Services, including delays in processing transactions or a merchant failing to claim a transaction.

• Mobile Payment Services – This service can be performed, with a Debit Card and PIN or a virtual Debit Card and Passcode, using a Mobile Device that allows you to perform Point of Sale Transactions using a Mobile Device.