This Agreement replaces all previous agreements between the Member and Vancity governing the use of the Services. In exchange for Vancity permitting the Member to use the Services, the Member agrees as follows:
"24 Hour Phone Services" means all of the services available through the use of the PAC in combination with the telephone number supplied by Vancity for dial-in, touch-tone phone access to any Account. This service is currently known as the 24-Hour Service Line.
"Account" means any personal or Business account of the Member with Vancity.
"Agreement" means Vancity Direct Access Services Agreement. "Business Account" means any non-personal Account, including without limitation an Account for a proprietorship, partnership, incorporated or unincorporated entity, non-profit organization, and a trust Account. Business Accounts also include personal Accounts of Business Account signatory(ies).
"CAD Services" means all of the services available through a Card-Activated Device.
"Card" means the Vancity MemberCard® or such other card provided by Vancity which allows access to the CAD Services.
"Card-Activated Device" means an automated teller machine, a point-of sale terminal, or any other card-reading terminal as Vancity may make available or approve for use from time to time as part of the CAD Services.
"Computer Services" means all of the services available through the use of the PAC in combination with the Software and Equipment.
"Equipment" means the equipment , such as personal computer hardware components, or a CD ROM player for use with a television, which when used in combination with the Software and the PAC, permit access to the Computer Services.
"Member" means a main member, a joint member, a joint tenant of Vancity, or the authorized signatory(ies) of a business or personal Account.
"PAC" means the personal access code selected by the Member for the Member's sole use, which permits access to the 24-Hour Service Line or which, when used with the Software and Equipment, permits access to the Computer Services.
"PIC" means a personal identification code selected by the Member for the Member's sole use, which when used in combination with the Member's Card permits access to the CAD Services.
"Services" means collectively, the CAD Services, the 24 Hour Phone Services, the Computer Services, and all other services offered by Vancity from time to time as "Vancity Direct Access Services".
"Software" means any Vancity computer software which in combination with the Equipment and the PAC permit access to the Computer Services. This Software is currently known as Vancity Direct PC, Vancity Direct TV, Vancity Direct Business and DirectNet, and includes all upgrades, revisions, releases and new versions of such computer software which Vancity makes available to the Member from time to time either as a packaged product or through Vancity's Internet Web Sites.
"Transaction" means any transaction performed using any of the Services.
"Vancity" means Vancouver City Savings Credit Union.
The Member may use the Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. The Member agrees to follow the instructions of Vancity in effect from time to time with respect to the use of the Services.
Cards will only be issued with respect to Accounts for which a single signatory is sufficient to authorize a Transaction. When using the Computer Services, the Member will not be permitted to pay bills from or transfer funds out of any Account on which more than one signatory is required to authorize a Transaction, except as provided in paragraph 15 below.
When a PAC or PIC is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs Vancity to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with Vancity's normal practices.
Vancity's practices respecting the debiting or crediting of any Transaction under any of the Services may be revised from time to time with or without notice to the Member. Vancity may hold all or part of the funds deposited through a Card-Activated Device.
Vancity may establish daily limits on withdrawals and other Transactions and may change these limits from time to time with or without notice to the Member. Any such limits and changes will be effective when established by Vancity. The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify Vancity for all liability or loss arising our of any such Transaction.
Cash withdrawals, transfers or point-of-sale purchases made from any Account in a foreign currency will be deducted from that Account in Canadian dollars. Conversion will be made at the exchange rate determined by Vancity on the day the Transaction is charged to the applicable Account.
The Member agrees that the Services will be available only on an "as is" and "as available" basis.
Vancity offers the Services in order to improve the accessibility of Vancity to its Members. However, the provision of the Services is dependent in part on communication lines and other third party equipment and services. THE MEMBER AGREES THAT EXCEPT WHERE CAUSED BY THE NEGLIGENCE OF VANCITY OR ANY OF ITS EMPLOYEES, VANCITY WILL NOT BE LIABLE FOR ANY DELAY, LOSS, DAMAGE (DIRECT, INDIRECT OR CONSEQUENTIAL) OR INCONVENIENCE WHATSOEVER CAUSED BY OR ARISING FROM THE PROVISION OR FAILURE TO PROVIDE SERVICES OR THE MALFUNCTION OR FAILURE TO OPERATE OF ANY CARD-ACTIVATED DEVICE, SOFTWARE OR EQUIPMENT FOR ANY REASON WHATSOEVER. IN NO EVENT WILL VANCITY BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE OR ANY LOSS OF BUSINESS OR PROFIT OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER.
The Card is the property of Vancity. The Member may not assign or transfer the Card. The Member agrees to return the Card to Vancity upon either ceasing to be a Member of Vancity or upon Vancity's request. Vancity may cancel the Card and any Services at any time without notice.
The PAC and PIC are for the Member's use alone and may not be assigned or transferred. The Member agrees to keep the PAC and PIC confidential and not to disclose them to any other person other than to a joint holder or an authorized signatory of an Account in the case of a PAC for that Account. The Member agrees not to record either the PAC or the PIC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voice mail or e-mail. For security reasons, Vancity recommends that each Member change the Member's PAC on a regular basis, such as every 90 or 120 days.
It is the responsibility of each Member with an Account to ensure that the PAC is immediately changed each time an authorized signatory is changed, in addition to ensuring that the other documentation required by Vancity in order to add or change an authorized signatory is completed.
All Transactions are subject to verification and acceptance by Vancity. Verification may take place on a date later than the date the Member authorized any Transaction and may affect when the Transaction becomes effective. If Vancity gives credit for any cheque or deposit item, but does not receive final payment in respect of that cheque or item, then the credit and any accrued interest may be reversed.
Vancity's records of each Transaction, and Vancity's accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of a Transaction generated by any Card-Activated Device or Software will be for the Member's convenience only. If the Member believes that Vancity's records contain an error or omission, the Member must give written notice of the suspected error or omission to Vancity within the time provided in the Account Agreement for the relevant personal Account(s) and the time provided in the Business Account Agreement for the relevant business Account(s).
IF VANCITY DOES MAKE AN ERROR OR OMISSION FOR ANY REASON WITH RESPECT TO THE RECORDING OF ANY TRANSACTION, THE LIABILITY OF VANCITY WILL BE LIMITED TO THE AMOUNT OF THE ERROR OR OMISSION IN RECORDING, PLUS ANY APPLICABLE SERVICE CHARGES THAT MAY HAVE BEEN CHARGED TO THE MEMBER. SPECIFICALLY, THE MEMBER AGREES THAT VANCITY WILL NOT BE LIABLE FOR ANY OTHER LOSS, OR ANY LOSS OF BUSINESS OR PROFIT OR ANY OTHER DAMAGE (DIRECT, INDIRECT OR CONSEQUENTIAL) OR DELAY OR INCONVENIENCE WHATSOEVER CAUSED BY OR ARISING FROM ANY SUCH ERROR OR OMISSION.
Vancity may establish service fees for use of the Services and/or for conducting Transactions and may change these service fees from time to time. Vancity may give notice of service fees and any changes from time to time through service fee disclosure pamphlets or notices of service fees which may be posted at all branches of Vancity. The Member authorizes Vancity to deduct any applicable service fee from any Account.
When the Card is used for point-of-sale purchases of goods or services, the sale agreement is between the Member and the merchant. Vancity will not be liable for the quality or non-receipt of the goods or services. Any claims or disputes between the Member and the merchant, including the Member's rights to compensation, must be settled directly between the Member and the merchant.
Once the Member has authorized a Transaction, the Card has been accepted by a merchant and the PIC and Transaction request have been processed, the Member may not revoke or stop any such Transaction.
When the PAC is used by the Member to conduct a Transaction by accessing the Computer Services or the 24 Hour Phone Services, the Member may not revoke or stop any such Transaction once the Transaction request has been processed.
Where the Member uses the PAC to make bill payments from the Account, transfer funds to another Member's Account or otherwise transfer funds out of the Account, the Member agrees to be responsible for ensuring the accuracy of any billing account number, Member account numbers or other recipient account numbers to which the Member intends to transfer funds. Vancity will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient (because the Member provides the wrong account number) and Vancity shall not be responsible or obligated to retrieve or return such funds to the Member.
If the Member wishes to use any Vancity Software, the Member must obtain a copy of the Software from Vancity. Vancity grants the Member a license to use one copy of the Software in compiled form only. The Member will use the Software only for the purposes of using the Computer Services to access any permissible Account and to perform authorized Transactions. The Member has no rights in or to the Software other than the limited license to use the Software as set out in this Agreement.
The Member agrees not to copy or modify the Software or to reverse engineer, decompile or disassemble the Software or try to do so. The Member will not assign, transfer, rent, loan or sell the Software to anyone. If Vancity makes available a new version of the Software, then after 90 days after the new version is available, Vancity may not support the prior version of the Software.
Vancity makes no representations or warranties with respect to the Software, which is provided "as is". The Member waives and Vancity disclaims all warranties and conditions express or implied with respect to the Software and its use by the Member, including without limitation any warranty or condition of merchantable quality, durability, performance, title or fitness for a particular purpose.
The Member agrees to notify Vancity immediately of the loss, theft, misuse or unauthorized use of any of the PAC, the PIC or the Card, or if either of the PAC or PIC become known to anyone other than the Member.
The Member is responsible for the use of the PAC, the PIC and the Card and will be liable for all authorized and unauthorized use of any of these, including all purchases and withdrawals on, and any transfers from any Accounts, and all fraudulent or worthless deposits which are made into any Accounts. The Member will not be liable for any unauthorized use which occurs after the Member gives notice to Vancity in accordance with this Agreement that the Card is lost, stolen or misused or that the PAC or PIC may have become known to anyone other than the Member, provided that the Member did not reveal the PAC or PIC to any other person, write down or otherwise record in any manner or on any media, the PAC or PIC, or keep a poorly disguised written record of the PAC or PIC, with the exception that a Member may disclose a PAC to each joint holder of that Member's joint Account, and to each authorized signatory on the Member's Account.
To notify Vancity of any loss, theft, misuse or unauthorized use, the Member must call Vancity directly at: (604)877-7005. This number may be called 24 hours a day, seven days a week. Vancity's records of notification will be deemed correct.
Vancity may at any time without notice, withdraw any Card-Activated Device from use, withdraw permission to use any of the Services, or cancel or alter any of the Services without being liable for any loss resulting from such action. If Vancity withdraws permission to use the CAD Services, or if the Member no longer wishes to use the CAD Services, the Member will immediately return the Card to Vancity. If Vancity withdraws permission to use the Computer Services, or if the Member no longer wishes to use the Computer Services, the Member will immediately remove all copies of the Software from their Equipment and return to Vancity any packaged Software, instruction manuals and any Equipment provided to the Member by or on behalf of Vancity. The Software licence granted in this Agreement will be terminated effective upon the withdrawal of the Computer Services by Vancity. The termination of Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the Services.
Vancity can add to or change the terms and conditions of this Agreement from time to time, but Vancity will give at least 30 days notice of any such additional or amended terms and conditions. Such notice may be given to the Member either in writing addressed to the last address provided by the Member to Vancity, or in the form of a notice displayed at all Vancity branches, or at Vancity automated teller machines, or in the form of a notice displayed on the screen when accessing the Computer Services. If the Member continues to use any of the Services after the effective date of any additional or amended term or condition to this Agreement, then the Member will be deemed to have accepted such additional or amended term or condition.
The terms and conditions of the Member's Business Account Agreement with Vancity, the Member's Account Agreement with Vancity and any other conditions or agreements between the Member and Vancity regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Account Agreement, and the Business Account Agreement between the Member and Vancity will prevail over this Agreement. This Agreement supersedes any Cardholder Agreement which the Member may previously have entered into with Vancity.
On any Account which requires the signature of more than one authorized signatory or joint holders in order to conduct a Transaction, no one will be permitted to use any Computer Services in order to make bill payments or to otherwise transfer funds out of such Account, unless specifically requested by all of the authorized signatories or joint holders in writing to Vancity on the specified Account.
If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Services with respect to that Account. If, in addition to the execution of this Agreement by the Member, any joint holder of an Account also executes this Agreement, then that joint holder and the Member will be jointly and severally liable for the obligations of "the Member" under this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect. This Agreement is binding upon the Member and the Member's heirs, executors, administrators and personal representatives. This Agreement is binding upon and will continue for the benefit of Vancity, its successors and assigns.