Please carefully read this Agreement before you use the null Services or Telephone Banking Services. This Agreement contains liability exclusions and limitations and other important information. This Agreement replaces all prior agreements between the Account Holder and the Credit Union governing electronic and telephone access to Accounts. By entering your Access Code (PAC) and by clicking "I Agree" below or by signing the agreement at the Credit Union, and using the null Services or Telephone Banking Services, you acknowledge and agree that you have read and understand the terms of this Agreement, have received adequate explanations of the nature and scope of your obligations hereunder and have agreed to be bound by the terms of this Agreement. If you do not agree with each and every of the terms of this Agreement, you may not use the null Services or Telephone Banking Services. This Agreement is effective March 1, 2005.
In exchange for the Credit Union permitting the Account Holder to use the null Services and Telephone Banking Services, the Account Holder agrees as follows:
means any account under any membership held by the Account Holder with the Credit Union to which the Account Holder requests access through null Services or Telephone Banking Services;
means you, as the individual who is enrolled to access the null Services and Telephone Banking Services;
means null;
means the equipment, such as a personal computer equipment or telephonic equipment, which, when used in combination with an Internet browser and a PAC, facilitates access to and use of the null Services or the Telephone Banking Services, as the case may be;
means all of the telephone accessible financial and Transaction services available through the use of a PAC in combination with Equipment and the Credit Union's Telephone Banking System;
means all of the on-line financial and Transaction services available through the use of a PAC in combination with Equipment, and currently known as null;
means the personal access code selected by the Account Holder for the Account Holder's use, which, when used with Equipment and an Internet browser or a Telephone Banking system, permits access to and use of the null Services or the Telephone Banking Services, as the case may be;
means any person authorized to sign on an Account; and
means any transaction performed by an Account Holder using any of the null Services or Telephone Banking Services.
The Account Holder may use the null Services or Telephone Banking Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the null Services or Telephone Banking Services, the Account Holder will not be permitted to pay bills from, or transfer funds out of, any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received by the Credit Union in writing from all required signatories. The Account Holder agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the null Services and Telephone Banking Services.
The Account Holder agrees that when a PAC is used to conduct any Transaction, the authorization given at the time of the Transaction will have the same legal effect as if it were given by the Account Holder in person, in writing and signed by the Account Holder, and the Account Holder agrees to be bound by each Transaction so authorized. The Account Holder irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Account Holder at the time of the Transaction, in accordance with the Credit Union's normal practices. The Credit Union's practices respecting the debiting or crediting of any Transaction under any of the null Services or Telephone Banking Services may be revised from time to time with or without notice to the Account Holder.
The Account Holder 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 Account Holder will indemnify the Credit Union for all liability or loss arising out of any such Transaction.
The Account Holder will not access or use the null Services or Telephone Banking Services for an illegal, fraudulent or defamatory purpose or to carry out an activity that harms or could cause harm to any other person. The Account Holder will not take any action that could undermine the security or integrity of, or interrupt the operations of, the null Services or Telephone Banking Services or the Credit Union server or Telephone Banking system.
The Account Holder agrees that the null Services and Telephone Banking Services will be available only on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, express or implied, and including, without limitation, implied warranties of merchantability or fitness for a particular purpose, all of which are hereby disclaimed by the Credit Union to the fullest extent of the law.
The Credit Union offers the null Services and Telephone Banking Services to improve the accessibility of the Credit Union to its Account Holders. However, the provision of null Services and Telephone Banking Services is dependent in part on communication lines and other third party equipment and services.
The Credit Union strictly manages access to its account holder services and financial systems and databases using technological and procedural systems to ensure security is not breached. This includes physically securing all the Credit Union computer hardware and telecommunications systems. Internet communication involves an inherent risk of interception by third parties. The Account Holder must share in the responsibility for the security of the null Services. The Credit Union uses industry standard security techniques that include Secure Socket Layer (SSL) and encryption to help ensure that the Account Holder's personal and financial information is protected while in transit between the Equipment and the Credit Union server. The Account Holder agrees that the Credit Union cannot prevent, and is not liable for, interception of Internet communications by third parties.
The Account Holder's PAC is for the Account Holder's use alone and may not be assigned or transferred by the Account Holder. The Account Holder agrees to keep the PAC strictly confidential and not to disclose it to any person other than to a Signing Authority. The Account Holder agrees not to record the Account Holder's 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 Credit Union recommends that the Account Holder change the Account Holder's PAC on a regular basis, such as every 90 to 120 days.
The Credit Union recommends that the Account Holder not use as a PAC numbers that are part of the Account Holder's PIN, easy to guess or based on personal information, such as a birth date. If a PAC becomes known to anyone other than a Signing Authority, confidential information about the Accounts may be accessed and Accounts could be debited.
The Account Holder acknowledges that the Credit Union is not required to confirm the identity or authority of any person using a PAC to conduct Transactions. The Account Holder agrees to take all reasonable precautions to maintain the secrecy of the Account Holder's PAC. The Account Holder agrees that the Credit Union is not responsible for the security or confidentiality of the Account Holder's PAC. The Account Holder agrees that if the Account Holder's PAC is lost or stolen that, until such time as the Credit Union receives actual notice thereof and acknowledges same in writing, the Account Holder will remain liable for all Transactions that may occur as a result of authorized or unauthorized use of the Account Holder's PAC.
All Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Account Holder authorized the Transaction, which may affect the Transaction date. The Account Holder acknowledges that a third party payee (e.g., a merchant) may not treat payments made through the null Services or Telephone Banking Services as being received on the date of the Account Holder's instructions. In no event will the Credit Union have any responsibility for any problems or disputes with third party payees of the Account Holder, including if a payee does not credit the Account Holder for a payment for any reason or for charges, fees or penalties assessed as a result of late payment. The Account Holder agrees to settle all such disputes and matters directly with the payee.
The Account Holder is responsible for ensuring that any instructions regarding the Accounts received by the Credit Union through null Services and Telephone Banking Services are true, complete and accurate. The Account Holder acknowledges that the Credit Union will rely upon the truth, completeness and accuracy of the Account Holder's instructions.
The Account Holder agrees that the Credit Union's records of each Transaction, and the Credit Union's accounting records, will be deemed to be correct, and are conclusive evidence of the Account Holder's dealings with the Credit Union and are binding upon the Account Holder. The Account Holder agrees not to object to the admission of the Credit Union's records (whether electronic, recorded in analog or digital form or otherwise) as evidence in any legal proceedings on the grounds that such records are not originals, are not written, are hearsay or on other similar grounds.
Any record of a Transaction generated for the Account Holder as part of the null Services or Telephone Banking Services is for the Account Holder's convenience only. If the Account Holder believes that the Credit Union's records contain an error or omission, the Account Holder must give written notice of the suspected error or omission to the Credit Union within the time provided in the Application for Membership and Account Operation Agreement between the Account Holder and the Credit Union for the relevant Account or Accounts.
If the Credit Union does make an error or omission, for any reason, with respect to the recording of any Transaction, the liability of the credit union 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 Account Holder by the Credit Union. The Account Holder agrees that the Credit Union 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.
The Credit Union has established service fees for use of the null Services and Telephone Banking Services and for conducting Transactions and may change these service fees from time to time. The Account Holder authorizes the Credit Union to deduct any applicable service fees from any Account.
The Account Holder agrees that a Transaction becomes final once the Transaction request has been processed by the Credit Union and thereafter the Credit Union has no obligation to reverse the Transaction. A post-dated Transaction may be revoked or countermanded prior to the date on which it is scheduled to occur.
When the Account Holder uses the null Services or Telephone Banking Services to make bill payments from an Account, transfer funds to another account holder's account or otherwise transfer funds out of an Account, the Account Holder is responsible for ensuring the accuracy of any billing account number, other account holder account numbers or other recipient account numbers to which the Account Holder intends to transfer funds. The Credit Union will not be liable for any loss or damage as a result of funds being transferred to the wrong recipient as a consequence of the Account Holder providing incorrect transfer information. The Credit Union will not be responsible or obligated to retrieve or return such funds to the Account Holder.
The Credit Union reserves the right to apply daily limits and Transaction limits (e.g., dollar amounts, frequency, etc.).
The Account Holder acknowledges that ensuring the security of the Account Holder's personal information (including financial and Transaction information) requires the Account Holder to exercise safe computing practices. The Account Holder must log off, disconnect and close the Account Holder's Internet browser after each session in which the null Services have been accessed to prevent someone else from accessing the Accounts without the Account Holder's permission or knowledge. It is the Account Holder's responsibility to implement and maintain safe computing practices, including, without limitation, encryption, virus scanning, and firewall technology.
The Account Holder agrees to notify the Credit Union immediately, in writing, if the Account Holder's PAC becomes known to anyone other than the Account Holder.
The Account Holder agrees that the Account Holder is liable for all unauthorized use of the Account Holder's PAC (whether fraudulent, negligent or otherwise) until notification of the loss or theft of the PAC is made to and acknowledged, in writing, by the Credit Union. In no event shall the Credit Union be deemed to have received notice of the loss or theft of a PAC unless and until the Credit Union has acknowledged same in writing.
The Account Holder's use of the null Services and the Credit Union's website and use of Telephone Banking Services is at the Account Holder's own risk. The Account Holder (and not the Credit Union) assumes the entire cost of all necessary servicing or correction to any Equipment arising from or connected to the Account Holder's access to this website and the null Services (i.e., not including the Credit Union server) and access to Telephone Banking Services. Without limiting the foregoing, the Credit Union does not represent or warrant that:
(a) the null Services, Telephone Banking Services, this website or the contents of any of the foregoing will be available or will function without interruption or will be free of errors or that errors will be corrected;The Account Holder agrees that the Credit Union is not responsible for any loss, damage, delay, error, interruption, inaccuracy or inconvenience suffered or incurred by the Account Holder with respect to:
(b) the use of the null Services and this website (including browsing, downloading content, etc.) will be free of viruses, Trojan horses, worms or other destructive or disruptive instruments; or
(c) the use by the Account Holder of the null Services, Telephone Banking Services and this website or the contents of any of the foregoing will not infringe the intellectual property rights or other proprietary rights of any third party.
(a) this Agreement;The Account Holder agrees that the Credit Union will not, under any circumstances (including where the Credit Union is ultimately determined to have been negligent) be liable, in whole or in part, for any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, including, without limitation, damages resulting from business interruption, loss of profit, data, information, opportunity, revenue or goodwill, or any other commercial or economic loss whatsoever suffered or incurred by the Account Holder or any third party.
(b) any instructions provided by the Account Holder in connection with the null Services or Telephone Banking Services;
(c) use of Equipment to access the null Services or Telephone Banking Services (including, without limitation, any delay or inability to access the null Services or Telephone Banking Services);
(d) any data or information;
(e) any failure by the Credit Union to perform or fulfill any of its obligations to the Account Holder due to any cause beyond the Credit Union's control (including, without limitation, systems malfunctions, communications failures or delays, or technical failures);
(f) any failure by the Account Holder to fulfill any of the Account Holder's obligations under this Agreement (including, without limitation, those of security and confidentiality of the Account Holder's PAC) or to comply with any instructions the Credit Union may provide to the Account Holder from time to time in connection with the null Services or Telephone Banking Services;
(g) the Account Holder's failure to receive or review Transaction records; and
(h) linking to third party websites from this website and vice versa.
The Credit Union may, at any time and without notice, withdraw from the Account Holder permission to use any of the null Services or Telephone Banking Services, or terminate this Agreement, or alter any of the null Services or Telephone Banking Services and the Credit Union shall not be liable to the Account Holder for any loss resulting from such action. The Account Holder may terminate this Agreement at any time by giving written notice of termination to the Credit Union. The termination of null Services or Telephone Banking Services for any reason will not relieve the Account Holder of any obligations under this Agreement with respect to the null Services and Telephone Banking Services.
The Credit Union can add to or change the terms and conditions of this Agreement from time to time, but the Credit Union will give at least 30 days notice of any such additional or amended terms and conditions. Such notice may be given to the Account Holder either in writing addressed to the last address provided by the Account Holder to the Credit Union, or in the form of a notice displayed at all the Credit Union branches, or in the form of a notice displayed on the login screens accessed when using the null Services. If the Account Holder continues to use any of the null Services or Telephone Banking Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Account Holder will be deemed to have accepted such additional or amended terms or conditions.
The terms and conditions of the Application for Membership and Account Operation Agreement with the Credit Union and any other conditions or agreements between the Account Holder and the Credit Union 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 Application for Membership and Account Operation Agreement between the Account Holder and the Credit Union will prevail over this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the Province of Saskatchewan and the laws of Canada applicable therein. The Account Holder irrevocably submits and attorns to the exclusive jurisdiction of the courts of the Province of Saskatchewan for the determination of any matters under this Agreement.
This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of null Services or Telephone Banking Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.
If the Account Holder 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 null Services or Telephone Banking Services with respect to that Account.