AGREEMENT GOVERNING THE USE OF AUTOMATED SERVICES AND ELECTRONIC BANKING SOLUTIONS
With the launch of Mobile Banking Solutions and Interac*
e-Transfer, the following Agreement has been updated. You must read and
accept the agreement in order to access your banking information.
For the purposes hereof, the term "we"
designates National Bank of Canada and all its subsidiaries (including
National Bank Trust Inc., Natcan Trust Company, National Bank
Securities Inc.) which offer the public in Canada deposit and lending
services, credit, debit and payment cards, as well as trust, custodial,
brokerage, insurance and other personal financial services.
We agree to offer you our Automated Services and our Electronic Banking Solutions (hereinafter the "Services").
In exchange, you agree to comply with the terms and conditions of this
agreement as well as our instructions concerning the use of our
Services. The first use of our Services will confirm your acceptance of
the terms and conditions hereof.
Access Card Number: means the number
indicated on the front of your Card or the number that we issue to you
which, when used with a Password, enables you to access our Services;
Account: means an account you have with the
Bank, alone or jointly with other persons, that is accessible via our
Services, or the account for which you are acting as attorney;
Automated Services: means our banking
services that enable you to carry out a Transaction via your Card and a
Password at a Point-of-Service Device or via a payment application to a
Point-of- Service Device without PIN;
Bill: means a bill issued by a participating merchant that you pay via our Services;
Card: means a debit card that we commonly
call a "Bank Card" or, as applicable, a MasterCard credit card or any
other valid payment card we have issued to you. The Card identifies you
when you access our Services to carry out a Transaction and when you
request a banking service at the branch;
Document: means any Bill or other document
linked to our Services or any purchase of goods and services from a
participating merchant including, in particular, any notice, statement
of account, pre-authorized debit notice, deposit notice and any
information regarding such documents or any other document available
from time to time and their electronic version;
Electronic Access Device: means a personal
computer, a telephone, a cell phone, a smart phone, a PDA or any other
wireless digital or electronic device that enables you to access our
Electronic Banking Solutions: means our
banking services that enable you to carry out a Transaction with your
Access Card Number and a Password via our TelNat Telephone Banking
Solutions or via our Internet Banking Solutions, or via our Mobile
Banking Solutions concurrently with an Electronic Access Device;
Interac* e-Transfer: means a
Transaction that enables you to send funds from an Account and receive
funds to an Account by email or via certain Electronic Access Devices. Interac* e-transfers are performed online through our Internet Banking Solutions and Mobile Banking Solutions.
Password: means, as applicable, (i) your PIN
(personal identification number), (ii) temporary authenticator code
that we initially issue to you and that enables you to then choose your
PIN and (iii) the secret code that enables you to carry out
Transactions on your Account via our Electronic Banking Solutions;
Payment Card Network: means an electronic
payment system used to accept, send or process Transactions made with
your Card in exchange for cash, goods and services, and transfer
information and funds between you and issuers, purchasers and
participating merchants. The Interac, Cirrus, NYCE, The Exchange and
Maestro networks are payment card networks;
Personal Identification Question: means the questions and answers you will be asked to choose and provide to prove your identity when using our Services;
Point-of-Service Device: means a device that
you activate with the Card and a Password to carry out a Transaction
(for example an ABM, a point-of-sale terminal at a participating
merchant or an in-home debit card terminal);
Point-of-Service Device without PIN: means a
device that you activate via a payment application that you use to
carry out a Transaction without a PIN (for example, a payment
application on the Card, a key tag or a cell phone);
Transaction: means a deposit, withdrawal, payment, all fund transfers, Interac*
e-transfers, balance inquiry, authorization request or any other
transaction on your Account that we allow you to carry out via our
Website: means our Internet site located at www.nbc.ca which provides access to our Internet Banking Solutions.
When you use our Services, you must read and when
applicable follow the instructions we provide. These instructions
indicate how to access our Services through certain Electronic Access
Devices or how to perform certain Transactions, e.g. Interac*
e-transfers. They appear online whenever you use an Electronic Access
Device. They may also be conveyed to you in the form of notices,
brochures or guides available at branches, via our ABMs, our Website,
or in any other manner we may decide upon from time to time. The
instructions may change periodically. Also, you must regularly consult
our security related instructions in the ABCs of Security section of our Website.
3. PROTECTION, LOSS AND THEFT OF YOUR CARD
The Card remains our property and cannot be
transferred to a third party. You must return the Card to us on demand,
particularly if you violate any of the conditions hereof. You
acknowledge that the Card is issued to you for your personal benefit
and is not to be used for the benefit of another person or on his
behalf (except if you are acting as an attorney) or in the operation of
a business. Your Card may not be used for illegal or illicit purposes.
We may refuse any Transaction for any reason whatsoever in order to
protect our respective interests. We may issue, renew, replace or
revoke your Card if we deem it appropriate. You must notify us if your
Card is lost or stolen. If you do not do so promptly, you may incur
losses on your Account.
4. WITHDRAWAL LIMITS AND HOLD FUNDS ORDERS
We will set limits for the use of your Card, some of
which may be daily, weekly or depend on the type of Transaction. The
maximum cash withdrawal amount and the purchase or transfer limit on
your Account using your Card for a given day will be determined in
accordance with these limits. We will inform you about these limits at
the appropriate time, particularly when you apply for your Card.
Whenever possible, we will allow you to choose the limits that best
meet your needs in accordance with the criteria we define. At any time,
we may impose, remove or reduce limits, and apply hold funds orders
when you deposit an item to your Account if we deem it necessary to
protect our respective interests.
5. ELECTRONICALLY TRANSMITTED COMMUNICATIONS / INSTRUCTIONS AND CONSENT
Any electronically transmitted communications or
instructions we receive from you shall be deemed sent by you,
authorized by you and shall be binding on you. The expression "electronically transmitted"
refers to any means of communication we authorize from time to time,
namely by way of an Electronic Access Device, the internet, email, fax
or other means of electronic transmission.
You are essentially consenting to Transactions performed on your
Account using (i) your Card and your handwritten signature or your
Password concurrently with a Point-of-Service Device or (ii) your Card
concurrently with a Point-of-Service Device without PIN or (iii) your
Access Card Number and your Password concurrently with an Electronic
Any electronically transmitted communications or instructions shall
have the same legal effect as if they had been carried out in
accordance with written instructions on paper signed by you. You shall
be deemed to have consented to said communications or instructions and
acknowledged that the posting of a Transaction to your statement of
account constitutes irrefutable proof that a service or goods were
supplied to you, subject to your right to contest this Transaction by
the prescribed deadline.
6. PROTECTION OF PASSWORDS, ACCESS CARD NUMBERS AND PERSONAL IDENTIFICATION QUESTIONS
You must keep your Password, Access Card Number and Personal Identification Questions secret and confidential at all times.
You are liable for any losses incurred with respect to the use of our
Services and for any access gained to the information in your Account
if you are negligent, in particular, by disclosing your Password,
Access Card Number or Personal Identification Questions, by protecting
them in an inappropriate manner, or by using a Password based on
personal information such as your name, telephone number, address, date
of birth, or social insurance number. Passwords, Access Card Numbers
and Personal Identification Questions should be unique and hard to
You must notify us immediately if your Password, Access Card Number and
Personal Identification Questions are revealed or if you suspect that
another person has learned them. We provide you with a Password so that
you can access our Services the first time. However, you must change
this Password the first time you use our Services. You undertake to
comply with our instructions concerning the protection of your
Password, your Access Card Number and your Personal Identification
7. TERMS RESPECTING ELECTRONIC ACCESS DEVICES
The Electronic Access Device you use to access our
Services must be protected at all times. You must adopt all possible
reasonable measures to ensure you are not revealing any personal
information when using our Services. This includes making sure no one
can see your Device's screen or keypad as you enter the information or
overhear your telephone conversation. You must notify us immediately if
your Electronic Access Device is lost or stolen.
Depending on the Electronic Access Device you use, e.g. mobile phone,
you may not always have access to the full range of features,
functionalities, content and information our Services can provide. For
instance, this agreement, notices, legal disclaimers, our
confidentiality policy, the ABCs of Security
section, links, Documents, Invoices, the full details of your
Transactions and Account might not be available. Some terms and
conditions will appear strictly once you click on certain links or
information icons. You are, however, responsible for familiarizing
yourself with these as you would any other applicable agreement or
You might be unable to use an Electronic Access Device to access our
Services outside Canada. Any service provider fees resulting from your
use of your Electronic Access Device to access our Services shall be
incurred by you.
8. LIABILITY AND RESPONSIBILITY
8.1 You are liable or responsible for:
a) Transactions carried out with your Card, your
Password, your Access Card Number or a Personal Identification Question
before you have informed us of their loss, theft or unauthorized use;
b) Transactions carried out with a Point-of-Service
Device, a Point-of-Service Device without PIN, and an Electronic Access
Device before you have informed us of the loss, theft or unauthorized
use of your Card, your Password, your Access Card Number, a Personal
Identification Question or your Electronic Access Device;
c) Errors you make when using a Point-of-Service Device, a Point-of-Service Device without PIN, or an Electronic Access Device;
d) Fraudulent or valueless deposits made with your Card and your Password at a Point-of-Service Device;
e) Losses affecting your Account or access gained to
the information it contains or a loss of your data if you use our
Services in an inappropriate manner or contrary to our instructions, in
particular, those concerning the protection of your Card, your
Password, your Access Card Number, your Personal Identification
Questions or your Electronic Access Device;
f) Losses affecting your Account if an unauthorized
person succeeds in penetrating the security systems protecting the
Electronic Access Device that you control, if these systems are
inadequate or if you access our Services using an Electronic Access
Device containing an application that could potentially disclose your
Passwords, your Personal Identification Questions or compromise these;
g) Losses affecting your Account resulting from a
communication problem or your enrolment in other Internet services or
any network that places an Electronic Access Device in contact with
other devices. Consequently, you accept the risks inherent in the
communication and transmission of information via these networks;
h) Checking entries to your Account on a monthly
basis and notifying us within the prescribed deadline of any error or
irregularity relating to these entries;
i) Fulfilling your obligations under this agreement
and any other agreement specific to one of our Services or failing to
comply with the instructions that we give you from time to time about
j) Participating in fraudulent, criminal or dishonest activities with regard to Services;
k) Accessing our Services with an Electronic Access
Device which you should reasonably know contains an application that
may reveal to anyone your Password, your Access Card Number and your
secret questions or otherwise compromise them in any way;
l) Failing to read a Document or notice sent to you electronically or update your information with the appropriate sender;
However, you are not liable for the Transactions
mentioned in paragraphs (a) and (b) if (i) you can prove to us that you
adequately protected at all times your Card, your Password, your Access
Card Number, your Personal Identification Questions as well as your
Electronic Access Device, and that (ii) these were obtained by fraud,
theft, coercion, force or intimidation, ruse or trickery provided you
promptly notify us of such incident, file a complaint with police
authorities and cooperate fully with any investigation into the
circumstances surrounding their unauthorized use.
8.2 We are liable for:
a) Losses affecting your Account if the Card or your Access Card Number is expired or cancelled;
b) Losses affecting your Account following cancellation of our Services.
c) Losses affecting your Account resulting from negligent conducted by us, our employees and out agents.
In the event of a breakdown in any device that we
control or an interruption in our Services, we are responsible for
taking all reasonable business measures to restore them to proper
working order as quickly as possible. Conversely, we are not
responsible for damages resulting from interruptions in the service you
use to connect to a network with your Electronic Access Device, the
provider of which shall be deemed your agent for the purposes of this
However, we are not liable for indirect, punitive or exemplary damages
suffered by you regardless of the cause, in whole or in part, (in
particular, service interruptions, losses of data, information and
income, or any other loss of an economic nature) even if we were
notified of the possibility of these damages.
9. MASTERCARD CREDIT CARD
If the Card that you use is a MasterCard credit card
that we issued to you, our respective responsibilities concerning
direct and indirect cash advances or purchases of goods and services
are set out in the agreement governing the issue and use of this card.
However, the Transactions that we allow you to carry out with the
MasterCard credit card are governed by this agreement.
10. LIMITATION OF LIABILITY
The loss affecting your Account will not exceed the
balance of your Account and, if applicable, the limits that we set with
regard to the use of our Services. However, the loss incurred may be
greater than the balance of your Account if it consists of a line of
credit, overdraft protection, is linked to another account or was
credited further to a fraudulent or worthless deposit at an ABM.
We do not make any express or implied warranties
with respect to our Services, the Internet, Payment Card Networks,
deeds and actions of participating merchants, browsers, any
Point-of-Service Device, Point-of-Service Device without PIN and
Electronic Access Device that you control, notably warranties as to
merchantability and fitness for a particular purpose. We are not liable
for the deeds, actions, acts or omissions by any network connector or
for any problems with the software you use.
12. TRANSACTIONS ON YOUR ACCOUNT
After we have checked and accepted them, the
Transactions carried out via our Services will be credited or debited
to your Account in accordance with your instructions. The transaction
record produced when our Services are used will confirm your written
instructions. The confirmation number produced and transmitted when you
carry out a Transaction via an Electronic Access Device will constitute
proof that the Transaction has been successfully completed. You
authorize us to make any corrections to your Account in the event of
inaccuracy or error when using our Services.
You recognize that there may be a delay between the time a Transaction
is carried out and the time it is posted to your Account. You recognize
that the amount of authorization requested by a participating merchant
for your Transaction may be different from the amount of this
Transaction. You undertake to maintain sufficient available funds at
all times in your Account to avoid overdrafts when participating
merchants submit authorization requests and when the Transaction is
posted to your Account. If not, we are not obliged to follow your
instructions for this Transaction.
Interac* e-transfers are subject to specific terms you need to
be aware of. These terms are obtainable online via our Internet Banking
Solutions and Mobile Banking Solutions.
13. VERIFICATION AND VIGILANCE OBLIGATIONS
You undertake to check the entries on each statement
of account that we send you and, if you have a passbook for your
Account, the entries shown in it in accordance with the terms and
conditions governing the handling of your Account. You undertake to
maintain in good working order any Electronic Access Device that you
own or control with regard to the use of our Services. You must not use
our Services in an illegal, fraudulent or illicit manner or in a way
that might jeopardize their security, integrity and efficiency.
14. VALIDATION OF TRANSACTIONS ON YOUR ACCOUNT
If you so request in writing and depending on the
circumstances, we can ask a participating merchant to produce a
receipt, Bill or any other Document confirming, to our satisfaction,
that the service or goods were in fact supplied to you. We must receive
your written request within 30 days of the statement date or, if your
Account has a passbook, within 30 days of the month end.
15. TRANSACTIONS IN FOREIGN CURRENCY
If you carry out a Transaction in a foreign currency
with your Card, this Transaction will be converted into Canadian
dollars at an exchange rate that corresponds to the exchange rate of
the Payment Card Network in effect when this Transaction is posted to
your Account, to which a percentage of 2.5% is added. If you us the
CirrusTM or MaestroTM networks and this
Transaction is carried out in a foreign currency other than the U.S.
dollar, it will first be converted into U.S. dollars by that network at
the exchange rate established by that network, and then converted into
Canadian dollars at the exchange rate established by that network when
this Transaction is posted to your Account, to which a percentage of
2.5% is added.
16. CONTENTS OF ENVELOPES INSERTED IN AUTOMATED BANKING MACHINES AND BILL PAYMENTS
Our books and records concerning the contents of
envelopes inserted in automated banking machines and concerning Bill
payments are binding. The contents of such envelopes and the payment of
your Bills are subject to checking and acceptance by us. A reasonable
time is required to process the contents of the envelopes and Bill
payments. We are not liable for the interest or penalties that you may
be charged as a result of this delay. You undertake to carry out a
Transaction before the due date indicated on your Bills.
17. ELECTRONIC OR OTHER MEDIA AND PROOF
The recording of Transactions on electronic or other
media that we produce will constitute proof, in the same manner as
written proof, and will be final and binding. You agree that a Document
on an electronic medium that we produce and that reproduces the
recording of your Transactions will constitute admissible evidence in
any legal proceeding and will have precedence over any data that you
have stored regarding such Transactions. When our Services give you
access to Documents, you choose to receive the Documents in electronic
form and no other. You recognize that the Documents thus received in
electronic form will have the same legal weight as Documents received
on paper. You undertake to follow our instructions concerning Document
delivery via our Services.
We may amend the conditions relating to this
agreement by way of a written notice posted or transmitted at least 30
days in advance at our ABMs, on our Website, by interactive voice
response, mail or electronically. A copy of the amended agreement will
be available on our Website. We may also amend at our entire discretion
the nature of our Services by informing you in the most appropriate
manner for the circumstances. We may send an advance notice to the most
recent address we have on record, and if you hold an account jointly
with one or more individuals, to the primary accountholder's most
recent address on file. Your first use of our Services following such
amendment will be deemed to confirm your acceptance thereof.
19. ACCOUNT OVERDRAFTS AND SERVICE CHARGES
Account overdrafts will be allowed in your Account
provided you have an overdraft protection arrangement with us. You will
pay when due any fees for the use of our Services according to the
applicable fee structure, and you authorize us to debit such fees from
your Account. We may modify these fees from time to time in accordance
with applicable legislation. You agree there could be additional fees
from third parties, including fees charged by the service provider used
to connect to an Electronic Access Device or to access our Services, or
fees charged to the sender or recipient of an Interac* e-transfer.
20. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
You authorize us to collect, use and disclose
personal information on you for the purpose of providing you with our
Services. The collection, use and disclosure of your personal
information are governed by our policy in that regard, which is
available on our Website. This information is needed to identify you
and enable you to access our Services. Said personal information
primarily consists of your name, address, telephone and fax numbers,
e-mail address, financial information, and any other useful information
such as information or numbers relating to Bills or Accounts held with
participating merchants, an Electronic Access Device and geotagging
When you access Documents via our Services, you expressly agree that
we, any firm that processes Documents and participating merchants who
have chosen to present Documents via our Services, may gather and
exchange among ourselves your personal information. This information
may also be used and disclosed for the following purposes:
a) To offer you, by way of telemarketing or other means, in particular
via your personal telephone number, other products and services offered
by us, our subsidiaries, our affiliated companies and our select
business partners, which are well established businesses chosen by us.
Your information will also be added to client lists that we prepare and
use for this purpose.
b) To enable us to provide this information, as permitted by law, to
our subsidiaries, our affiliated companies, representatives and agents,
and our select business partners so that they can offer you, by way of
telemarketing or other means, in particular via your personal telephone
number, products and services that may interest you.
Please note that in the course of providing you with Electronic Banking
Solutions, we may collect your online activity information in our
Website, the secure websites of our affiliated companies and their
advertisements hosted on third-party sites, through cookies and other
tracking technologies. This information may be used together with other
information we have about you to assess the effectiveness of our online
promotions, gather data on the functionality of our Website, better
understand your interests and needs, personalize your online
experience, and send you information on products and services that
might be of interest to you.
21. CONFIDENTIALITY AND SECURITY
We will take all reasonable measures at our disposal
to ensure the confidentiality of all electronic exchanges of data, the
security of your Transactions carried out using our Services and the
protection of your personal information. You acknowledge that you can
obtain additional information in this regard by consulting the ABCs of Security and the Confidentiality Policy available on our Website.
22. LINKS AND APPLICATIONS
Links from and to websites are strictly provided for
reference purposes. We do not assume any responsibility for the
websites linked to our Website, their content, privacy policies,
associated third parties, products and services.
You link to another website at your own risk and we are not liable for
any resulting damages. We do not approve websites linked to and from
our Website other than the websites of our affiliated companies.
We do not assume any responsibility for any problems or other
consequences resulting from downloading applications. Their use is
governed by the terms of the accompanying license agreement.
The terms below apply if you download an application we provide to
access our Services using certain Electronic Access Devices (the
We grant to you a non-transferable and non-exclusive license to use the
Application via Electronic Access Devices. The license authorizes you
to use the Application in object code format for the purpose of using
our Services or accessing any features, functionalities, content or
information made available by us using Electronic Access Devices.
We retain at all times all intellectual property rights, including without limitation, the copyright, for the Application.
You agree not to copy the Application and not to disclose or distribute
the Application to third parties. We have no obligation to provide any
training, maintenance or other assistance for the Application.
YOU ACCEPT THE APPLICATION "AS IS" AND ASSUME THE ENTIRE RISK FOR
ITS PERFORMANCE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM
YOUR USE OF THE APPLICATION.
23. SETTLEMENT OF DISPUTES
You will inform us in the event of any disagreement
concerning a Transaction carried out using our Services by contacting
one of our representatives directly. If the problem cannot be settled
by the representative, we will conduct an investigation, if we can do
so, as quickly as possible. Any decision about a possible reimbursement
will depend on the results of our investigation. You undertake to
cooperate with us in that regard and provide us with, if applicable, a
statement or affidavit, information, computer files or any other
documents required for this investigation. We will report the outcome
of our investigation to you and, if applicable, the reasons for the
failure to resolve the disagreement to your satisfaction.
If you are not satisfied with the outcome of the investigation, our
representative will refer you to a person who can be contacted as a
last resort. You can also read our complaint management policy on our
Any request, question, complaint or problem related to a Document or
the goods and services obtained from a participating merchant must be
resolved between you and the merchant. We will not be liable for any
failure by such participating merchant to credit any amount whatsoever
to your Account following a request by you, or for the application by
the participating merchant of additional charges, in particular late
charges or a penalty.
24. OTHER AGREEMENTS
All the terms and conditions governing the
agreements respecting your Account will remain in force and will apply
concurrently with the terms and conditions hereof. In the event of any
discrepancy between such agreements and this agreement, this agreement
25. TERMINATION OF AGREEMENT
After giving reasonable notice, we may terminate
this agreement at any time by issuing a notice, and we may withdraw all
or only a part of our Services. We may refuse a Transaction on your
Account if we deem it necessary to protect our respective interests.
You may terminate this agreement at any time simply by notifying us and
returning your Card to us if we request it.
26. GOVERNING LAW AND JURISDICTION
This agreement is governed exclusively by the laws
of the province or territory in which you reside. If you reside outside
of Canada, this agreement is governed by the laws in effect in the
province of Quebec. You irrevocably consent to the exclusive
jurisdiction of the courts in the province or territory specified above
regarding the application and interpretation of this agreement.
27. CANADIAN CODE OF PRACTICE FOR CONSUMER DEBIT CARD SERVICES
We voluntarily comply with the Canadian Code of
Practice for Consumer Debit Card Services and we undertake to provide a
degree of consumer protection equivalent to that offered by this Code.
For more information about this Code, refer to the Website of the
Canadian Bankers Association at cba.ca.
28. POWER OF ATTORNEY
If you are acting as a power of attorney for an
Account and you use a Card, you are liable for all Transactions carried
out in the Account via our Services, in accordance with the terms and
conditions of this agreement.
BANK CARD AND ELECTRONIC ACCESS DEVICE SECURITY
Make sure your Electronic Access Device uses
official authorized applications from reputable providers. Also, be
sure the operating system is legitimate and unaltered.
When using our Electronic Banking Solutions, you must secure your
Electronic Access Device by installing the appropriate protection
software and keeping it up to date. This includes installing antivirus
and anti-spyware programs as well as firewall protection so you can
carry out online transactions with complete peace of mind. You must
take any and all corrective action recommended by your operating system
Protect your Card and Electronic Access Device at all times: never lend
them to anyone or leave them unattended. Get into the habit of locking
your Electronic Access Device.
Your Password, Access Card Number, Personal
Identification Questions and the answers to your secret questions
constitute your electronic signature. They serve to confirm your
consent for electronic transactions or electronically transmitted
communications or instructions. Do not store or reveal this information;
Memorize your Password, never use the same Password for more than one Card or Service, and change your Password regularly;
Never use a Password based on your personal information (name, address,
telephone number, Social Insurance Number or date of birth). It would
be too easy to guess;
When you use your Card or Electronic Access Device, block the keypad
with your hand or body as you type in your Password. Never be afraid to
appear overly cautious.
Perform your transactions only if you feel thoroughly comfortable. Ask
people standing too close to you to step back to ensure your Password
remains private. If you believe someone might have seen you enter your
Password, change it immediately.
Log out of your session and quit your browser after
each time you use our Electronic Banking Solutions to prevent others
from accessing your information;
Clear your cache regularly;
Beware of e-mails that appear to be sent by National Bank or MasterCard
prompting you for personal information. Do not click on any hyperlinks
and do not under any circumstances reply to the email sender with the
personal information asked for;
Simply clicking on hyperlinks provided in these fraudulent e-mails can
trigger the installation of malicious software without your knowledge
that could compromise the security of your Electronic Access Device.
National Bank Financial Group is a trademark used by National Bank of Canada.
* Registered trademark of Interac Inc.