Internet Banking Account Agreement

A. ACCOUNT OPERATION TERMS AND CONDITIONS (Applicable to All Accounts)

1. Agreement

I/we for good and valuable consideration, the receipt of which is acknowledged, agree with Canadian Western Bank (the "Bank") that the operation of the internet banking account or accounts which I now or hereafter have with the Bank (the "Account") shall be subject to the following terms and conditions.

When used in this Account Agreement the words "I", "me", "mine", "my", "our", "you", "your", "we" and "us" mean the Account owner(s) and the words "the Bank" mean Canadian Western Bank.

The words "Account Agreement" mean the Internet Banking Account Agreement including the Debit Card Terms and Conditions, guaranteed investment certificate ("GIC") Terms and Conditions and such additional terms and conditions for optional services that may be offered by the Bank in the future, as selected by me. The Account Agreement also includes the provisions of the Privacy, Interest Rate, Service Charges, Complaints, and Internet Security disclosures contained as links on the Website, as defined in Section B of this Account Agreement. The word "Application" refers to the application signed by the Account owners requesting internet banking services offered by the Bank and forms part of the Account Agreement. If after signing the Application, I wish to select an optional service which I had not selected at the time the Application was signed or select an optional service that I selected but which was subsequently discontinued, I will notify the Bank and the terms and conditions applicable to the selected service as set out in this Account Agreement or as otherwise provided by the Bank to me, shall apply to the service I select. I understand that by using the additional service I have agreed with the applicable terms and conditions of that service. I understand that the Account may be used for personal banking only and that the Bank reserves the right to close the Account or assess additional fees and charges if I use the Account to carry on a business.

2. Debits to the Account

I agree that the Bank is authorized to debit my Account with every instrument of mine presented for payment electronically or otherwise and with any instruments which have been cashed, negotiated, or credited to such Account but which have not been honoured together with all charges and expenses properly incurred by the Bank in connection therewith. I will pay to the Bank upon demand, any overdraft, indebtedness, or liability incurred in connection with or arising out of the operation of the Account and the Bank's charges for its services. The Bank may require twenty four (24) hours prior notice of withdrawal from the Account.

The Bank may establish procedures to offer services for the Account through any medium from time-to-time. All transactions in the Account by computer, telephone or other means will have the same legal effect as if authorized in writing by me. I agree to comply with such terms and conditions as may be required by the Bank and contained either in this Account Agreement or otherwise communicated by the Bank to me from time-to-time.

The Bank may levy service charges (the "Service Charges") against my Account for the operation of the Account and may debit the Account from time-to-time with the amount of the Service Charges. Notification of any new Service Charges or increases to existing Service Charges will be provided in accordance with applicable legislation and will be posted on the Website, at least sixty (60) days in advance of the effective date.

3. Credits to Account

The Bank may credit my Account with all the money and all promises or orders to pay money which are deposited to the Account, belonging or owing to me. It may also endorse any deposit instrument for me.

If any instrument received by the Bank for my Account by way of deposit, discount, collection or otherwise is lost or stolen, or otherwise disappears as a result of any cause whatsoever other than by reason of the Bank's negligence, then the Bank may charge my Account with the amount of such instrument, and I agree to pay such amount.

I agree with the practice of noting the depositor's account number on the back of cheques deposited to my Account. This provides the Bank with the ability to quickly, efficiently and accurately credit the funds to my Account and send a dishonoured cheque to me in a timely way for restitution.

4. Verification of Account

All deposits, transfers, payments, charges and withdrawals shall be posted to my Account on the Website (the "Postings") or shall be otherwise made available to me by the Bank. I agree to login to my Account on the Website at least once in each thirty (30) day period. I shall examine all Postings to my Account and shall notify the Bank in writing of any errors, irregularities or omissions which I have found.

After thirty (30) days (except as to any errors, irregularities or omissions of which the Bank has been so notified) and subject to applicable law, it shall be finally and conclusively settled and agreed as between the Bank and me, subject to the right of the Bank both during and after such thirty (30) day period to charge back items for which payment has not been received, that such Postings and the amount of the balance shown in my Account are true and correct, that the relevant Postings are genuine, that all amounts charged against my Account are properly chargeable to and charged against my Account, that I am not entitled to be credited with any amount not shown in my Account , and that the Bank is released from all claims by me in respect of each and every item posted to my Account.

I agree that I will be responsible for all debits to the Account and that the Bank will have no responsibility for unauthorized Transactions, as defined in Section B of this Account Agreement, unless I can show that I took reasonable precautions to protect such Transactions and that I took reasonable care to examine the Postings to my Account and Transaction information. I agree to promptly notify the Bank of any unauthorized Transaction as soon as I discover it.

5. Use of Agents

The Bank may use the services of any bank or agent as it may deem advisable in connection with my banking business. Such bank or agent is deemed to be my agent and the Bank will not, in any circumstances, be responsible or liable to me by reason of any act or omission of such bank or agent, however caused, in the performance of such services or by reason of the loss, theft, destruction or delayed delivery of any instrument while in transit to or from, or in the possession, of such bank or agent.

6. Waiver of Protest

I waive in favour of the Bank presentment, notice of dishonour and protest of all bills of exchange, promissory notes, cheques, orders for payment of money, securities, coupons, notes (all or any of which are hereinafter collectively or separately referred to as "Instruments" or "Instrument" as the case may be) drawn, made, accepted or endorsed by me and now or hereafter delivered to the Bank at any of its branches or agencies for any purpose. I shall remain liable to the Bank as if presentment, notice of dishonour and protest had been duly made or given. Provided that the Bank may note or protest any Instrument because of any endorsement other than that of me or the Bank or for other reason if the Bank, in its discretion, considers it in the best interest of me or the Bank. The Bank will not, in any circumstances, be responsible or liable for failure or omission to note or protest any Instrument.

7. Joint Accounts

If there are two or more owners of the Account, we hereby jointly and severally agree with the Bank and with each other that all monies from time-to-time deposited to the Account, and interest, may be withdrawn by any one of us or his or her attorney or agent. Each of us hereby irrevocably authorizes the Bank from time-to-time to accept as a sufficient acquittance for any amounts withdrawn from the Account, any Transaction authorized by any one or more of us, his, her or their agents, without any further authorization of the other or others of us thereto unless specified otherwise in the Application.

The Bank is also hereby authorized to credit the Account with all monies paid to the Bank for the credit of any one or more of us.

8. Survivorship

If there is more than one owner, and we hold this Account as joint tenants with right of survivorship, if one of the owners dies, the remaining owners will become entitled to the deceased's share in equal portions. This provision does not apply in the Province of Quebec.

9. Set-Off

The Bank may debit my Account with any amount I owe to the Bank, even if this creates or increases an overdraft. I will be responsible for and will pay any amount so debited together with interest thereon at an annual rate of interest that I have agreed to pay or, in the absence of such agreement, at the rate of interest charged by the Bank from time to time for overdrafts. Without limitation, if the Account is owned by more than one owner, I agree that the debt of any one of us to the Bank may be debited to the Account we hold together.

10. Hold Funds Policy on Items Deposited

When I make a deposit to the Account, the Bank may place a hold on the item deposited and I will not have access to those funds for the period of the hold, as follows:

  1. If the item deposited is a fully encoded Canadian dollar item drawn on a financial institution's branch located in Canada and is not damaged or mutilated such that it is unreadable by cheque clearing systems, a hold may be placed as follows:

    Maximum Cheque Hold Periods:
    1. cheque deposits, not exceeding $1,500 - 5 business day hold including the day of deposit
    2. cheque deposits, exceeding $1,500 - 8 business day hold including the date of deposit
  2. If the item deposited is unencoded or partially encoded, or if the item is drawn on a financial institution's branch located outside of Canada, or if the item is not in Canadian dollars, the Bank may place a hold for a maximum period of twenty (20) business days. In some cases, the Bank may send the item to the financial institution where the item is drawn on a collection basis rather than accepting it for deposit.

Clients may request access to funds being held by contacting Motive Financial.

A hold provides no guarantee that an item deposited will not be returned unpaid after the hold period has expired. If an item deposited is returned unpaid for any reason at any time, either during or after the hold period has expired, the Bank has the right to charge the amount of the item to the Account.

11. Privacy

The Bank is committed to the protection of your privacy while providing a high standard of customer service. This commitment to privacy includes treating you fairly and with respect and complying with the principles set out in the Bank's Privacy Code which is located on the Website.

I authorize the Bank to obtain, verify, give, share and exchange personal information about me, now and in the future, with any individuals, financial institutions, business corporations or other parties with whom I have or propose to have financial or personal dealings, or who hold information about such dealings, such as credit bureaus. My personal information will be used for the purpose of confirming my identity and the accuracy of the information I provide or the Bank collects with this consent, assessing the history of my financial dealings to determine my eligibility for the products and services I have applied for, or the Bank offers to me, now and in the future, administering and maintaining my financial records, supporting and maintaining the accuracy and the integrity of the credit reporting system, and as may be otherwise permitted or required by law. I also authorize any person that the Bank contacts under this authorization to provide such information.

12. Complaint Handling

The Bank encourages customers to raise questions or concerns about any issue by e-mail or by telephone. Additional information can be found in the Bank's complaints handling disclosure which is available on the Website.

13. Amendment

Subject to Section A. 14, the Bank may, from time-to-time, at its discretion, amend this Agreement by giving you thirty (30) days prior notice by posting such changes on the Website. If you access the Account or have funds on deposit in the Account after the effective date of a change, you will be deemed to have accepted the change.

14. Communications

I understand that any notice, including without limitation, a notice of amendment or any demand or other communication referred to in this Agreement may be forwarded to me by a posting on the Website, email, facsimile, personal delivery, courier, by prepaid ordinary, registered, or certified mail (the "Communication"). I agree that it shall be deemed that I have received the same on the date of delivery, if posted on the Website, sent by email, facsimile, personally delivered or if delivered by courier or on the fourth (4) day after mailing by prepaid ordinary, registered, or certified mail, even if I do not actually receive it.

I may send a Communication to the Bank required under this Agreement or send other Communications to the Bank. Any Communication from me to the Bank will be deemed to be received by the Bank only on the actual date of receipt by the Bank.

I understand that the Bank reserves the right, but not the obligation, to first obtain verbal or written confirmation before acting on email Communications from me. The Bank may decline or delay action on an email Communication if the instructions in the email are incomplete, ambiguous, or cannot be carried out due to insufficient funds or otherwise, or if the Bank doubts the authenticity of the email, or lawfulness of any instruction given in any email. The Bank may act on emails from, or purporting to be from me or my e-mail address as if I had given the Bank such instructions or information in writing, until the Bank has received written notice to the contrary.

I acknowledge that the Bank does not recommend the use of emails to process Transactions. I therefore agree that the Bank will be under no obligation to accept or act upon any e-mail instructions to process Transactions, including the purchase, transfer, sale or redemption of investments and any instructions that require a client signature.

If I use e-mail to communicate with the Bank, I authorize the Bank to reply to me by e-mail. This includes sending my confidential information to me at my request. I understand that if the Bank sends confidential information to me by email, it will ensure that the email is encrypted. The Bank will not be required to act upon instructions sent by e-mail unless it is sent from an email address that I have designated for e-mail Communications.

I understand that e-mail is not a secure means of communication and my confidential use of email cannot be guaranteed. I also understand that the Bank recommends that its customers not use e-mail for any confidential purposes or share their Internet access with others. If I nonetheless choose to do so, I assume full responsibility for the risk of doing so. These risks include the possibility that:

  • someone could intercept, read, retransmit or alter the messages;
  • e-mail messages could be lost, delivered late, or not received;
  • someone could send unauthorized e-mails under my name or e-mail identity;
  • computer viruses could be spread by e-mail causing damage to computers, software, or data.

I acknowledge that the Bank recommends that all of its customers keep their computers current.

I acknowledge that all Communications purportedly sent under this Agreement received and acted upon by the Bank will be conclusively deemed to be valid and authentic instructions, whether or not actually authorized by me or whether or not accurately communicated and received. This will be the case even if they did not come from me, were not properly understood by the Bank, or were different from any of my previous or later Communications. The Bank does not have to act upon any of my Communications if it is unsure whether they are accurate or are really from me, or if the Bank does not understand them.

I understand that the Bank will use reasonable efforts to monitor its communications facilities to determine if it has received any Communication from me. Since the Bank's ability to act on my Communications depends on the normal functioning of various communication facilities, the Bank is not liable for any delay or failure to receive my Communications. Except as otherwise provided in this Account Agreement, I understand that the Bank will only act on my Communications during the hours of 8:00 a.m to 5:00 p.m., Mountain Standard/Daylight Savings Time, Monday through Friday, except for statutory holidays in the Province of Alberta.

I hereby designate the email address shown in the Application as my electronic address for delivery of electronic Communications under this Agreement. I understand that I am responsible to inform the Bank of any change in my personal contact information that I have provided to the Bank under this Agreement.

15. Termination

The Bank may, after providing not less than five (5) days notice to you, withdraw permission to use any of the Internet Services, as defined in Section B of this Account Agreement, without being liable for any loss resulting from such action. Notice shall be sent in accordance with Section A. 14 of the Account Agreement.

You may terminate this Agreement by delivery of a written notice to the Bank in accordance with Section A.14 of this Agreement not less than five (5) days prior to the termination date stated in the notice. Notice must be actually received by the Bank to be effective.

The termination of Internet Services for any reason will not relieve you of any accrued obligation under the Account Agreement with respect to the Internet Services.

16. Binding Agreement

This Account Agreement is binding on you, your survivors, permitted assigns and attorneys and on your heirs and personal representatives.

17. Survival

The provisions of Section B. 9 of this Account Agreement, will survive termination of your use of the Internet Services.

18. Applicable Law

This Account Agreement is governed by the laws of the Province of Alberta, Canada and you hereby attorn to the jurisdiction of the courts of Alberta.

19. Enurement

This Account Agreement will enure to the benefit of and be binding upon each of you and the Bank and their respective heirs, successors, executors and administrators.

20. Language

I have expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. J'ai expressément demande que ce contrat et tout document y afferent, y compris tout avis, soient rédiges en langue anglaise.

B. WEBSITE USE TERMS AND CONDITIONS (Applicable to all Accounts)

  1. Definitions

     

    "Equipment" means your personal computer equipment which when used in combination with the PAC permit access to the Website;

    "PAC" means the personal access code initially issued by the Bank to you and subsequently selected by you for your use, which, when used with the Website and Equipment, permits access to the Internet Services;

    "Transaction" means any transaction performed on the Account under this Account Agreement including without limitation transferring funds and making payments on the Account to third parties; and

    "Website" means the designated website of the Bank at www.motivefinancial.com used to access internet banking services offered by the Bank (the "Internet Services").

  2. Use of Internet Services

    You may use the Internet Services to open and access the Account and to conduct any permitted Transaction with respect to the Account, based upon the service options you have selected. You agree to follow the instructions of the Bank in effect from time to time with respect to the use of the Internet Services.

    When a PAC is used to access the Internet Services, the authorization given at that time will be treated as if it was given by you in person, and you agree to be bound by each such authorization and by each Transaction. You irrevocably authorize and direct the Bank to debit or credit, as the case may be, the amount of any Transaction to the Account designated by you at the time of the Transaction, in accordance with the Bank's normal practices. The Bank's practices respecting the debiting or crediting of any Transaction under any of the Internet Services may be revised from time to time with or without notice to you.

    You agree not to conduct or try to conduct any Transaction that would result in a negative balance in the Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. You agree to indemnify the Bank for all liability or loss arising out of any such Transaction.

  3. Limitations

    You acknowledge that although the Bank uses security safeguards to protect against loss, theft and unauthorized access, because of the nature of data transmission over the Internet, security is not guaranteed and information is transmitted at your risk.

    Access to the Website is limited to residents of Canada who are of the age of majority. The Website and the information contained in it are not intended to solicit business from persons who are not residents of Canada or who are minors. Your use of the Website constitutes your acknowledgement and agreement that you are a permanent resident of Canada and of the age of majority in your Province or Territory of residence. If you choose to access the Website from outside of Canada, you do so on your own initiative and are responsible for compliance with applicable local, national and international laws.

    You acknowledge that the availability of the Internet Services depends on telecommunication lines, computer hardware and software, and other equipment belonging to the Bank and third parties. You agree that the Bank will not be liable for any loss, damage (direct, indirect or consequential), delay or inconvenience whatsoever caused by, or arising from, the provision of, or failure to provide, services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the Bank be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.

    Certain links on the Website may lead to sites maintained by independent parties over which the Bank has no control. The Bank makes no representation as to the accuracy or any other aspect of the information contained on such sites, and the Bank disclaims any responsibility for the content of such sites.

  4. Confidentiality of PAC

    The PAC is for your use alone and may not be assigned or transferred. You agree to keep the PAC confidential and not to disclose it to any person. You agree not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Bank recommends that you change your PAC on a regular basis, such as every ninety (90) to one hundred and twenty (120) days or if the PAC becomes known to any other individual.

  5. Transaction Verification and Records

    All Transactions are subject to verification and acceptance by the Bank, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date you authorized the Transaction, which may affect the Transaction date.

    The Bank's records of each Transaction, and the Bank's accounting records, will be deemed to be correct, and will be conclusive and binding upon you. If you believe that the Bank's records contain an error or omission, you must give written notice of the suspected error or omission to the Bank within the time provided in Section A. 4 of this Account Agreement.

    If the Bank makes an error or omission in recording any Transaction, the Bank will only be liable for the amount of the error or omission if you have given written notice to the Bank within the time provided in the Account Agreement. If you have given such notice, the Bank's liability is limited to the amount of the error or omission, plus any applicable Service Charges that may have been charged to you by the Bank. Specifically, you agree that the Bank will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.

  6. Transaction Processing

    Except for a Transaction which is authorized to take effect on a future date (which can be revoked or countermanded prior to such date), once the PAC is used by you to conduct a Transaction by accessing the Internet Services, you may not revoke or stop any such Transaction once the Transaction request has been processed. When you use the Internet Services to make bill payments from the Account, transfer funds to another customer's account or otherwise transfer funds out of the Account, you are responsible for ensuring that you have sufficient funds in the Account and for the accuracy of any billing account number, customer account numbers or other recipient account numbers to which you intend to transfer funds. The Bank will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient resulting from you providing the wrong account number or for insufficient funds. The Bank will not be responsible or obligated to retrieve or return such funds to you. The Bank reserves the right to apply daily limits and transaction limits.

    You acknowledge and agree that bill payments made through the Internet Services are not processed immediately and that it is your responsibility to ensure that bill payments are initiated in sufficient time for the payment to be received by the bill payment recipient before its due date and that you have sufficient funds in the Account to make the payment. The Bank will not be liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising as a result of a delay in the processing of bill payments.

    You acknowledge that payments made in the same amount on the same day to the same vendor will cause one of the payments to reject as it will be considered a duplicate payment.

  7. Liability

    You are responsible for all Transactions carried out through the use or misuse of the PAC. All Transactions will have the same effect as if you signed for them in writing. The Bank will not be liable in any way to any person, including you or one or more joint account holders, for Transactions even if funds from the Account are used for the benefit of only one joint account holders or of anyone other than you. You are responsible for verifying the completeness of every Transaction that you initiate using the Internet Services.

    You agree to notify the Bank immediately, in writing, if your PAC becomes known to anyone other than you.

    You are liable for all unauthorized use of the PAC until such notification is made and acknowledged, in writing, by the Bank. Until the Bank's acknowledgment is received by you, notification is not deemed to be acknowledged by the Bank.

    If you are a joint holder of the Account, then each joint holder of the Account will be jointly and severally liable for all Transactions conducted using the Internet Services with respect to the Account.

    In no event shall the Bank be responsible or liable at law or in equity for any claim, demand or loss, whether based on contract, tort (including negligence), or any other theory of liability, or for direct, indirect, special, incidental or consequential damages (including loss of profits) howsoever caused as a result of a PAC becoming known to, or used by third parties.

  8. No Representations

    The Bank expressly disclaims all representations, warranties and conditions, express or implied, not contained in the Account Agreement including, but not limited to, implied representations, warranties and conditions of quality, merchantability, performance and fitness for a particular purpose. Without limiting the generality of the foregoing, the Bank does not represent or warrant that the Internet Services or the Website will be available at all times, or will function without interruption, that they are free from errors or defects, or that use of the Internet Services, or the Website will be free of viruses, Trojan horses, worms or other destructive components.

    You acknowledge that Internet software transmission problems could produce inaccurate or incomplete copies of documents or other material from the Website when downloaded and displayed on your Equipment.

    The Bank takes reasonable precautions to ensure the Website is free of computer viruses. It is recommended that you install and use appropriate anti-virus or other protective software. The Bank disclaims liability for any computer viruses or other destructive programs that may be inadvertently downloaded from the Website. You have sole responsibility to provide adequate protection and data back-up. Please review the important terms contained in the Internet Security disclosure on the Website .

  9. Indemnity

    You agree to indemnify, defend and hold harmless the Bank and its directors, officers, employees, agents and independent contractors from and against any and all actions, claims, costs, damages, demands, expenses, fees (including without limitation, reasonable legal fees and disbursements, on a solicitor and his own client basis), liabilities and losses (including amounts paid in settlement) whatsoever incurred or paid: (a) in connection with or arising out of any misuse of the Internet Services or the Website by you; (b) as direct or indirect result of the negligence, wrongful act, or omission of you; or (c) any claim brought against the Bank by a third party, based upon the misuse of the Internet Services or the Website by you.

  10. Suspension of Access

    The Bank reserves the right to suspend your right to access Internet Services in whole or in part, if the Bank reasonably believes that you or any unauthorized person or thing has used or accessed, or you have permitted the use of or access to, the Internet Services in a manner that threatens the integrity of the Bank or the Internet Services or any equipment or services of the Bank or its contractors, or that contravenes any applicable laws or any third party proprietary rights.

  11. Property Rights

    No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download the materials for your personal home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Bank's copyright and other proprietary rights. The material and information on the Website are being made available only under the conditions set out herein. The Bank reserves its rights to the intellectual property presented in and by the Website, which includes, but is not limited to, copyright, trademarks and corporate logos.

C. DEBIT CARD TERMS AND CONDITIONS  (Applicable to an Account if Selected by Account Owner)

  1. Definitions

    "Automated Banking Machine" ("ABM") is an electronic terminal used by you to access financial services provided by the Bank;

    "Debit Card" means a financial services card issued by the Bank with electronically readable data used in conjunction with a PIN to confirm your identity and authorize debit card transactions;

    "Debit Transaction" means any deposit, withdrawal, payment, balance of account enquiry or other transfer of funds made at Point of Service Terminals, using a Debit Card;

    "PIN" means the personal identification number that will be sent by or on behalf of the Bank to you and used to set up your Debit Card;

    "Point of Sale Terminal" ("POS") means an electronic terminal, incorporating a debit card reader and PIN pad, used to make Debit Transactions;

    "Point of Service Terminal" means an ABM or a POS.; and

    "Terminal" means any card-activated machine, terminal or device at which a Debit Transaction may be made;

  2. General

    You may use a Debit Card together with a PIN to make a Debit Transaction. The Account Agreement, including these Debit Card terms (the "Debit Card Terms") apply to each Debit Transaction. In case of a conflict between these Debit Card Terms and the other provisions of the Account Agreement, these Debit Card Terms shall apply.

    Once your Debit Card has been activated, it will mean that you have received, read, understood and agreed with these Debit Card Terms.

    1. Each Debit Transaction will have the same legal effect as if it were made by written order to the Bank signed by you and, you will be liable for it and all resulting Account activity;
    2. You authorize the Bank to accept or honour each Debit Transaction according to the instructions keyed in for it at the Point of Service Terminal. The Bank will be entitled to treat the Bank records showing a Debit Card and a PIN used together to make a Debit Transaction as correct, conclusive, and binding on you. The Bank will also be entitled to treat a verification of a Debit Transaction as correct unless you give the Bank written notice of an error or omission. This written notice must be given within the time required by the Account Agreement. All Debit Transactions are subject to verification and acceptance by the Bank. This may take place on a date later than the Debit Transaction date, and will affect when Debit Transactions become effective; and
    3. If the Account is jointly owned, each Account owner may apply to receive a separate Debit Card .

    The Bank owns the Debit Card. No one but you is permitted to use the Debit Card. You do not have the right to assign or transfer the Debit Card to anyone else.

  3. Liability for Losses

    Your responsibility and liability for losses are as follows:

    1. You are responsible for all authorized use of the Debit Card.
    2. You are responsible if you make entry errors at ABMs or POS, or if you make fraudulent or worthless deposits.
    3. You are not liable for losses resulting from circumstances beyond your control. Such circumstances include, but are not limited to:

      1. technical problems, Bank errors and other system malfunctions.
      2. unauthorized use of the Debit Card and PIN where the Bank is responsible for preventing such use, for example after:
        • the Debit Card has been reported lost or stolen;
        • the Debit Card is cancelled or expired; or
        • you have reported that the PIN may be known by someone other than you.
      3. Unauthorized use, where you have unintentionally contributed to such use, provided you co-operate in any subsequent investigation.
    4. In all other cases, when you contribute to unauthorized use, you will be liable for the resulting loss. This loss will not exceed the established Debit Transaction withdrawal limits. However, in some circumstances, the loss may exceed the actual funds in your Account. This may occur, for example:

      1. if the Account has overdraft protection or is linked with another account or other accounts; or
      2. if a Debit Transaction is made on the basis of a fraudulent deposit at an ABM.
    5. You contribute to unauthorized use by:

      1. voluntarily disclosing the PIN, including writing the PIN on the Debit Card or keeping a poorly disguised written record of the PIN in proximity with the Debit Card; or
      2. failing to notify the Bank, within a reasonable time, that the Debit Card has been lost, stolen or misused, or that the PIN may have become known to someone other than you.
    6. The Bank will not be liable for any damages resulting from any failure, error, malfunction or inaccessibility of any POS or ABM, or from the failure, error or delay in providing Debit Card services to you.
  4. PIN Confidentiality

    A PIN is a secret code intended for your use only in conjunction with your Debit Card to confirm your identity and to authorize Debit Transactions. You can protect yourself and your money when using your Debit Card and PIN by following these important steps:

    1. When selecting your PIN, never use obvious information. You could be liable for losses if you create your PIN using your name, telephone number, date of birth, address, Social Insurance Number (SIN), etc.
    2. Memorize your PIN - it's your electronic signature. If you suspect that someone knows your PIN, contact the Bank to cancel your Debit Card, and obtain a new Debit Card. During business hours, contact the Contact Centre of the Bank of the Bank at: 1-877-441-2249; during non-business hours call 1-888-424-3131.
    3. Your Debit Card and PIN are the keys to your Account. Never disclose your PIN to anyone or you could be liable for losses. No one from a financial institution, the police or a merchant should ask for your PIN. You are the only person who should know it.
    4. Use your hand, body or any item (e.g. wallet or envelope) to shield your PIN when you are conducting transactions at an ABM or POS.
    5. Never let your Debit Card out of your sight when conducting a Debit Transaction at a POS. Only allow your Debit Card to be swiped once and always remember to take your Debit Card and Debit Transaction record with you once your Debit Transaction is completed.
    6. If your Debit Card is lost, stolen or retained by an ABM, notify the Bank (per instructions in Section C. 4 (b) of these Debit Card Terms) as soon as you become aware of the problem.
    7. Regularly check your statements and balances to verify all Debit Transactions have been properly documented. If entries do not accurately reflect Debit Transaction activities, for example if there are missing or additional Debit Transactions, you should contact the Bank immediately.
  5. Debit Transaction Problems/Unauthorized Debit Transactions

    If you experience a problem with a Debit Transaction, you should first contact 1-877-441-2249 to resolve the problem. If you are unable to contact 1-877-441-2249, contact 1-888-424-3131. However, if the problem is with merchandise or a retail service that was paid for with a Debit Transaction, you should resolve the problem with the retailer concerned.

    When you contact the Bank regarding an unauthorized Debit Transaction, it will:

    1. investigate the Debit Transaction(s) in question;
    2. make a determination for reimbursement based on the results of the investigation; and
    3. respond to your report of an unauthorized Debit Transaction as soon as possible, but no later than ten (10) business days.

    The Bank will also require that you sign a completed Statutory Declaration (provided by the Bank).The investigation time limit (maximum of ten (10) business days) may be temporarily suspended until this form is signed.

    If you have concerns about how the Bank handles and investigates a reported unauthorized Debit Transaction, you may follow the procedures for resolving conflicts as outlined in the Bank's complaints handling  disclosure, available on the Website.

  6. Limits

    The Bank will set limits (dollar amounts or otherwise) for Debit Transactions that may be made at Point of Service Terminals and from time-to-time the Bank may change these limits. The Bank will tell you what the current limits are at the time the Bank issues the Debit Card.

  7. Termination of or Changes to the Terms

    The Bank may change the Debit Card Terms and the Bank will inform you as soon as the Debit Card Terms change by posting the change on the Website. Use of a Debit Card and PIN to complete a Debit Transaction after notification of a change means you agree to the change. The Bank may restrict use of a Debit Card together with PIN or terminate your use of your Debit Card at any time without notice if you have breached the Debit Card Terms. Either the Bank or you may terminate your use of the Debit Card at any time by giving written notice to the other. The Bank's notice is to be sent to your address as last appearing on the Bank's records. Your notice is to be delivered to Motive Financial, Suite 3000, 10303 Jasper Avenue, Edmonton, Alberta T5J 3X6 or at 1-877-441-2249. If your use of your Debit Card is terminated, you are not relieved of the accrued obligations under it until the Bank has been completely satisfied. You are responsible to destroy the Debit Card or return it to the Bank.

  8. LOST OR STOLEN DEBIT CARD

    A LOST OR STOLEN DEBIT CARD IS TO BE REPORTED IMMEDIATELY BY TELEPHONE TO 1-877-441-2249 or outside of business hours to 1-888-424-3131.  YOU MUST PROVIDE YOUR DEBIT CARD NUMBER.

  9. Joint Account Holders

    If the Account is jointly owned these Debit Card Terms apply to each owner who obtains a Debit Card from the Bank.

D. FUNDS TRANSFERS TERMS AND CONDITIONS (Applicable to all Accounts)

  1. Authorization

    You authorize the Bank to process funds transfers as provided in the Application in accordance with the terms of the Account Agreement and the following terms (the "Funds Transfer Terms"). Your authorization is provided for the benefit of the Bank and the other financial Institutions named in the Application (the "Other Financial Institutions") and is provided in consideration of the Bank and the Other Financial Institutions agreeing to process funds transfers against your Account in accordance with the Rules of the Canadian Payments Association.

    In order to authorize the Bank to arrange funds transfers or to vary or cancel an existing authorization, you will contact the Bank through its Website or by other means as permitted by the Bank. You acknowledge that you will require a password to authorize such transfers or make changes which you shall provide to the Bank. By using this password and initiating a funds transfer or a change, you acknowledge that you are authorizing the Bank to transfer funds between the Account and your designated accounts at the Other Financial Institutions.

  2. Cancellation

    You may cancel your authorization to process funds transfers under the Funds Transfer Terms at any time upon written notice to the Bank. Upon such cancellation, you will no longer be able to transfer funds between your Account and your other accounts through the Bank.

  3. Disputes

    You may dispute a funds transfer in the following circumstances:

    1. you did not authorize the transfer;
    2. the funds transfer was not made in accordance with your authorization; or
    3. you cancelled your agreement to participate in funds transfers under the Funds Transfer Terms.

    If you wish to obtain reimbursement where you dispute a funds transfer debit to your account held with an Other Financial Institution, you agree to write to the Other Financial Institution stating the relevant circumstances (the "Declaration"). The Other Financial Institution must receive the Declaration within ninety (90) days of the date that the funds transfer was posted to the other account. If you do not deliver the Declaration on time, you will have to resolve your claim with the Bank and not with the Other Financial Institution.

  4. Acknowledgements

    You acknowledge that:

    1. your delivery of your agreement with these Funds Transfer Terms constitutes your delivery to the Other Financial Institutions;
    2. any delivery of your agreement with these Funds Transfer Terms to the Bank constitutes delivery by you;
    3. the Other Financial Institutions are not required to verify that a funds transfer has been issued in accordance with the Funds Transfer Terms, including the amount of the transfer; and
    4. an Other Financial Institution is not required to verify that any purpose for payment for which a funds transfer was issued as a debit to your account with the Other Financial Institution, has been fulfilled by the Bank before the Other Financial Institution honours the debit.

E. GIC TERMS AND CONDITIONS(Applicable if Selected by Client)

  1. Guaranteed Payment

    Your GIC is locked-in until the maturity date shown in the Application. This means that the Bank  will pay the principal amount of your GIC on maturity and interest until the maturity date but you cannot withdraw or redeem any amount until the maturity date except that your personal representative may redeem the GIC in case of your death. However, in its discretion, the Bank may permit you to make an early withdrawal or redemption upon payment of a penalty amount as determined by it .

  2. Interest Payments

    Interest will be paid annually to you or compounded based upon your selection in the Application except if you are fifty-seven (57) years or older on the day you purchase a GIC with a term to maturity of at least one (1) year and you elect to receive monthly interest payments. If you choose annual interest payments or are eligible to receive monthly interest, the interest will be paid into the Account. If you choose compound interest, you may elect to pay the interest into the Account or receive payment by another means as agreed upon by you and the Bank at maturity.

  3. Non - Transferable

    You agree that your GIC is not transferable or assignable to any other person except to your personal representative in case of your death.

  4. Maturity

    On maturity of your GIC you may:

    1. deposit the proceeds into your Account;
    2. reinvest the proceeds into another GIC offered by the Bank; or
    3. if no instructions are received, the proceeds will be reinvested in a GIC with the same term at the then prevailing interest rate.
  5. Application of Account Agreement

    You agree that an Account will be opened by you if you invest in a GIC. The provisions of Sections A, B, D and F of the Account Agreement apply to GICs in addition to this Section E, except to the extent that such other provisions are varied by the terms of this Section E.

F. ELECTRONIC DOCUMENTS (Applicable to all Accounts)

  1. Consent

    I hereby consent to the electronic delivery by the Bank of notices, documents, forms and other information required to be delivered to me under the Bank Act from time to time, including without limitation, this Account Agreement, the Service Charges bulletin and interest rate disclosure (the "Documents"). I have read and understood this consent (the "Consent") and understand that unless revoked by me, the Consent is being given to receive the Documents in electronic form. I understand that I am not required to give the Consent and that I may revoke my Consent at any time. I further understand that the Bank will retain my Consent while my Account is open and for a further period of seven (7) years if I close it and that the Consent will be made available by the Bank to me during the retention period for my reference.

  2. Delivery

    I understand that Documents will be delivered electronically to me by posting on the Website and that notice will be provided on the Website when a Document has been posted for me. A Document will be deemed to be delivered to me when it is posted on the Website and not when I review it. It is my obligation to monitor the Website on a regular basis and no less than once in every thirty (30) days. I agree that the Bank is not responsible to me for any loss, damages or costs that I may incur for failing to monitor the Website.

  3. Retention

    I understand that it is my responsibility to retain a Document delivered to me electronically and I will be able to print and save any Document delivered to me through the Website.

  4. Technical Requirements

    I understand that the Documents made available to me on the Website will be in PDF format which requires me to have Adobe software to open, save and print a Document. The Bank does not own, operate or have any responsibility for Adobe software.

  5. Alternate Delivery

    The Bank may in its sole discretion provide me with a paper copy of a Document if it is unable to deliver it through the Website or if it feels that such alternate delivery is otherwise required.

  6. Complaints

    I understand that I may contact the Bank as set out in Section A. 14 of this Account Agreement if I have a complaint or question about the Consent, the Website or the technical requirements for my access to Documents.

G. OVERDRAFT TERMS AND CONDITIONS (Applicable to Motive Chequing Account)

  1. Application

    These terms and conditions (the “Overdraft Terms”) govern your borrowing by overdraft on your Account (Motive Chequing Account) and form part of the Account Agreement.  Any undefined term used in these Overdraft Terms shall have the meaning provided in the Account Agreement.

  2. Authorized Amount

    You may overdraw your Account up to the amount that the Bank stipulates to you (the “Authorized Amount”) in a disclosure statement (the “Disclosure Statement”) that the Bank provides to you.  The Bank may change the Authorized Amount at any time in its discretion and will advise you of any change.  You may overdraw your Account by cheque or any other way that the Bank permits.

  3. Line of Credit

    You agree that any overdraft by you of the Account will be treated by the Bank as a revolving, operating line of credit.

  4. Payment

    You agree to repay all amounts borrowed under the Overdraft Terms on demand by the Bank, together with applicable overdraft charges and interest, calculated on the daily balance of the amount owing and payable monthly, both before and after demand, default and judgment, at the interest rate per annum established by the Bank from time to time and with interest on overdue interest at the same rate, as disclosed to you by the Bank in the Disclosure Statement. Until demand is made by the Bank, you agree to pay to the Bank monthly all amounts outstanding in accordance with these Overdraft Terms as of the last day of each month or the minimum monthly payment amount as agreed to by the Bank in the Disclosure Statement. All payments by you will be credited first to interest, second to principal and last to any other amount owing to the Bank arising in connection with the Overdraft Terms.

    You agree that you may not pay an outstanding overdraft amount using an overdraft but that you must make a new deposit in a month to pay at least the minimum amount required and that if you fail to make a required payment, the Bank may withdraw the interest accrued and charges incurred on the outstanding overdraft amount and add these amounts to your outstanding overdraft even if this exceeds your Authorized Amount.

  5. Offset

    The Bank may deduct from any other of your accounts you have with the Bank the amount of any payment that you are obliged to make to the Bank under these Overdraft Terms and credit the amount to the Account.

  6. Termination

    The Bank may suspend or terminate your right to overdraw the Account at any time by giving you notice in accordance with Section A. 14 of the Account Agreement.  You may terminate your overdraft privileges by giving the Bank at least ten (10) days prior written notice in accordance with Section A. 14 of the Account Agreement, but suspension or termination does not relieve you of your obligations under the Overdraft Terms until the outstanding overdraft amount, including interest and charges, has been paid to the Bank in full.

  7. Collection Costs

    You agree to pay to the Bank immediately upon demand, any and all charges, expenses and costs including legal costs as between a solicitor and his own client, incurred by the Bank in enforcing or collecting monies owing under these Overdraft Terms.

  8. Indemnity

    You hereby release and indemnify the Bank from and in respect of any and all costs, expenses, covenants, debts, contracts, actions, or other liabilities of whatever nature, which you may be subject to as a result, directly or indirectly, of the Bank making a demand for repayment under the Overdraft Terms. You acknowledge and agree that the Bank will not be responsible or liable in any manner for any consequences to you as a result of such demand being made.

H. E-TRANSFERS (Applicable to All Accounts)

1.   E-Transfer Service

 

The electronic transfer of funds to a designated recipient using the Internet Services (“E-Transfers”) are only available in Canadian dollars. The Account will be debited as soon as you initiate an E-Transfer and the Bank may hold the E-Transfer amount until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled. The Bank has no obligation to pay and will not pay interest on an E-Transfer amount for any reason. To the extent permitted at law, the Bank is deemed to have a security interest in an E-Transfer amount from the time the Account is debited until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled.  E-Transfers sent and received through Internet Services are subject to number and dollar limits that may change from time to time without prior notice to you.

 

2.   E-Transfer Answer

 

An E-Transfer notice advising the recipient of the E-Transfer will be generated approximately 30 minutes after you originate the E-Transfer. If you are the sender, you agree to keep the E-Transfer answer that you share with the recipient (the “E-Transfer Answer”) confidential and that you will not disclose it or share it with anyone but the intended recipient. The recipient must correctly provide the E-Transfer Answer to claim or decline the E-Transfer. The Bank, the receiving financial institution, their clearing organization and service providers are entitled to pay an E-Transfer amount to anyone who, using the E-Transfer process, claims to be the recipient and successfully provides the E-Transfer Answer. The Bank will not be liable for losses or damages incurred as a result of a person other than the intended recipient guessing or obtaining the E-Transfer Answer. If you are the sender of an E-Transfer, you agree not to include the E-Transfer Answer in the transfer details. If you are the recipient of an E-Transfer, you agree not to disclose the E-Transfer Answer except as required to claim or decline the E-Transfer.

 

3.   Receipt of an E-Transfer

 

The recipient may claim an E-Transfer using the online banking services of the recipient’s financial institution. If the recipient declines an E-Transfer that you initiated, the E-Transfer will be returned to you. While funds are expected to arrive in the recipient’s account within 3 to 5 business days from the day the recipient successfully claims an E-Transfer, the Bank does not guarantee the date of deposit. If the recipient successfully claims the E-Transfer but provides incorrect account information, the Bank’s clearing organization or its agent may request correct account information from the recipient or may initiate another claim process.

 

4.   Return

 

If you are the sender, an E-Transfer will be returned to you:

i)                    if the recipient does not claim the E-Transfer within 30 days of the date the E-Transfer is initiated;

ii)                   ii)  if the E-Transfer cannot be successfully sent to the recipient’s electronic address as provided by you; or

iii)                 iii) if the recipient declines the E-Transfer.

 

5.   Electronic Contact Information

 

You are responsible for providing the recipient’s correct electronic contact information and as a condition of using the Bank’s E-Transfer service, agree that the recipient has consented to your collection, use and disclosure of the recipient’s electronic contact information for E-Transfers,  including without limitation, to its disclosure to the Bank, the recipient’s financial institution, the Bank’s clearing organization and their service providers.

 

6.   Cancellation

 

The Bank may cancel an E-Transfer if it has reason to believe that a mistake has occurred or if it believes that the E-Transfer is a product of unlawful or fraudulent activity. If you are the sender, you may cancel an E-Transfer up to the time the recipient successfully claims it. If you are the recipient of an E-Transfer, you acknowledge that an E-Transfer may be cancelled up to the time you successfully claim the E-Transfer.

 

7.   Limitation

 

The Bank may cancel, suspend or refuse to provide an E-Transfer for you or the E-Transfer service at any time in its discretion. The Bank will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing an E-Transfer or for an E-Transfer claimed by someone other than the intended recipient. The Bank will not be responsible or liable for any losses or damages incurred as a result of funds held and/or limits set by the Bank, its clearing organization or any service provider. All disputes regarding E-Transfers will be handled directly between the sender and the recipient.

 

Motive Financial is a division of Canadian Western Bank

Updated: February 2012

Changes effective February, 2013 apply to the addition of Section A

 

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