Electronic Access Agreement
Effective as of August 1, 2019
Part A: About the Electronic Access Agreement
This Electronic Access Agreement as amended from time to time (this “Agreement”) governs your access or use of the Services. This Agreement supplements any other existing and future agreements that you have with Haventree Bank and any terms, conditions or disclaimers provided on our Sites. If there is a conflict between a term in this Agreement and any other agreement with us, the term of the other agreement will apply to the extent necessary to resolve the conflict. Capitalized terms used in this Agreement are defined in Part C.
Part B: General Terms and Conditions
Changes: Subject to applicable law, we may change this Agreement at any time by giving notice to you. We will notify you of a change to this Agreement by posting a notice on our Site. Your continued access or use of the Online Portal after we post such notice means that you agree to and accept this Agreement as amended. If you do not agree to any change made to this Agreement, you must stop accessing and using the Online Portal.
You understand that we may add, remove or change any part or feature of the Services, including the Online Portal, at any time, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.
Use: You must use your Sign-in Credentials to access the Services on the Online Portal. You may also be required to answer your Personal Verification Questions when accessing the Online Portal. Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any Instruction. Any Instruction will have the same legal effect as if it was a written instruction and signed by you.
You acknowledge and agree that while you may access the Online Portal from other jurisdictions outside of Canada, some aspects of the Services or some information on the Online Portal may not be available to you in those jurisdictions. If you access or use the Services or the Online Portal outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, state, territorial, federal, national, or international laws that are applicable to such access or use of the Services or the Online Portal by you.
Passwords: You agree to keep your Passwords and Personal Verification Questions strictly confidential and for your use alone. You must not disclose your Passwords or Personal Verification Questions to any other person. You must carefully select your Passwords and Personal Verification Questions such that they cannot be easily determined or reverse engineered by any other person, including not using the birth date or name of a family member, your telephone number, your social insurance number, or sequential numbers such as “1234”. If you know or believe that someone may know your Passwords or Personal Verification Questions, you must immediately notify us by telephone at 1-855-272-0051 and you must change your Passwords or Personal Verification Questions, as applicable, immediately. We will not be responsible to you for any losses that may result from you sharing your Passwords or Personal Verification Questions.
When entering your User ID and Password and/or Personal Verification Questions into a Device, you must take all reasonable precautions to prevent others from viewing you entering this information. If you have enabled touch ID or other biometric fingerprint recognition feature as your Password to sign on to the Online Portal or access any Services, any fingerprints stored on your Device will be able to access your Online Portal. You are not able to assign or restrict which fingerprint(s) can access the Online Portal. Providing your Device password to a third party or allowing a third party to add their fingerprint to your Device may provide them access to your Online Portal.
Security: The security of your information depends on you using safe practices. You agree that when using the Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the Services for the purpose of the relevant transaction. You agree to implement and maintain reasonable security measures which include up-to-date virus scanning software and a firewall system, if such security measures are available for your Device. You must notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in your Account. You agree to comply with any additional security requirements that we may require in connection with the Services.
You agree that you are responsible for any losses that result from your use of your Device to access the Services or that result from any use by a third party of your Device to access the Services. If you suspect someone else is using your Device to access the Services, you must immediately notify us by telephone at 1-855-272-0051.
Accuracy of Information: Information on the Online Portal and the Sites are provided to you as a convenience only and is not intended to provide financial, legal, accounting or tax advice and must not be relied upon for those purposes. Information provided on the Online Portal and on the Sites is believed to be accurate and reliable, but we do not guarantee that it is accurate, complete or current at all times. Amounts posted on the Online Portal and the Sites may not reflect all payments made, interest charges, applicable fees or other payment terms. Rates and fees are subject to change at any time without notice and rates and fees posted on the Online Portal and the Sites may not reflect the most recent changes. Additional charges and fees apply to any payout of a loan or discharge of a mortgage. If you wish to arrange for a discharge of your loan or mortgage, you must contact us to obtain an authorized payout or discharge statement that reflects the full amount required to payout your loan or discharge your mortgage.
Instructions: Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any Instruction. You acknowledge that each Instruction that you provide to us is final and will have the same legal effect as if it was a written instruction and signed by you. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any losses that may arise from these transactions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, that we may record your voice or responses and you consent to such recording. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete.
When using the Online Portal, you agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an Instruction in these circumstances.
Electronic Communications: Any communication or contract that we receive from you by electronic means, or that is purported to be given by you, regardless of whether or not it was actually from you, will be considered to be duly authorized and binding on you and will be enforceable against you. You agree that any communication or contract delivered, received or entered into by electronic means shall be considered to be signed and/or delivered and to constitute a “writing” for the purposes of any statute or rule of law. You agree not to dispute any such communication or contract on the basis that it was delivered, received or entered into by electronic means, including on the basis that it was not “in writing” or was not signed or delivered. For the purpose of this Agreement, the term “electronic means” means any communication method permitted by us from time to time that may include Devices, Internet, email, personal digital assistant, facsimile or other method of telecommunication or electronic transmission.
Communications sent over the Internet are not secure and may be lost, intercepted, or altered. If you send us confidential information by electronic communication, we will not be liable if it is lost or intercepted, altered or misused by someone else.
Records: Our records, including electronic records, and those of any of our affiliates or service providers (whether used by them or by us), regarding an Account or the Services, including the retrieval, consolidation, organization and presentment of information, records for each Instruction, the presentment, or receipt and viewing of Documents, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings and electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
Prohibited Use: You will not (i) provide untrue, inaccurate or incomplete information about yourself; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose; (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person); or (iv) reverse engineer the source code for any software or any of the service technology we offer to access the Services on your Devices.
Suspension/Termination: We may terminate this Agreement or suspend your access to the Online Portal at any time, without notice to you, in which case this Agreement will continue in respect of your past access. We will not be liable for any losses or inconvenience that results from our termination of this Agreement or suspension of your access. If you want to terminate access to the Online Portal, you can give us notice of termination by calling us at 1-855-272-0051.
Intellectual Property: All content available on the Online Portal and all features and functionality of the Online Portal, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, published on or otherwise accessible through the Online Portal are protected by in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights, which are owned or controlled by Haventree Bank or its suppliers.
Limitation of Liability: You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will not be liable to you for any loss, damage, delay or inconvenience suffered or incurred by you with respect to this Agreement, the Services, or any Instructions. We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (as determined using reasonable commercial standards). In no event, even if we are negligent, will we be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive or exemplary or similar damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by (i) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (1) any data or given by you to us (including your failure to update); and (2) any data or information provided to you by any third party;
(ii) any delay, error, interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control, any system malfunctions or any technical failures; (iii) unsecured communication being inaccurate, intercepted, reviewed or altered by others; (iv) any delay or inability to access or use the Services;
(v) your failure to receive or view a Document that has been presented to you; (vi) your leaving our Site and linking to and from or using any third party website or app; or (vii) (your failure to fulfill any of your obligations under this Agreement or to comply with any instructions we may provide to you from time to time in connection with the Services. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.
Release and Indemnity: Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us and any other person for any claim, cost and liability incurred as a result of (i) your access to or use of the Services or (ii) your breach of the terms and conditions of this Agreement.
No Warranties: Except for any express agreements we have with you, we disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of the Online Portal, the Accounts and Services, including any warranties and conditions as to merchantability, operation, currency, timeliness, merchantable quality, fitness for a particular purpose, title, non-infringement, security, and accuracy. We do not represent or warrant that (i) the Services or the Site will meet your requirements; (ii) the Services or the Site will be error free or provided on an uninterrupted or continuous basis; (iii) there will be no delays, no difficulties in use, no defects, or no incompatibilities with your use of the Services or the Site; (iv) all deficiencies in the Services or the Site can be found or corrected; and (v) that the Site and any communication from us, whether from the Site, or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.
Language: You and we have expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que ce contrat et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise.
Governing Law: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to Agreement must be instituted in the courts of the Province of Ontario, and you agree to submit to the jurisdiction of such courts in any such action or proceeding.
Severability: If any term of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect.
Part C: Definitions
“Account” means any account you have with us that you may access from time to time using the Services.
“Devices” means any electronic device that we allow you to use to access the Online Portal or the Services including, without limitation, a computer, telephone, cell phone, mobile device, or wireless device.
“Device Passcode” means the passcode, password, biometric information or other authentication method that you designate to access any Device.
“Document(s)” means electronic versions or representations of statements, invoices and other records, notices, confirmations or documents, or information in summary form about the foregoing presented on the Online Portal.
“Instruction(s)” means any instruction communicated by you or purported to be communicated by you when accessing the Online Portal and the Services.
“Online Portal” means Haventree Bank’s online service that allows you access to the Services and to view information and/or conduct transactions and after Password and/or Personal Verification Question authentication.
“Password(s)” means a confidential combination of numbers and/or letters that you select to use to identify yourself to sign on to or transact on the Online Portal and the Services or a telephone system related to the Online Portal and the Services.
“Personal Verification Questions” means the questions and answers that you may be required to choose, and provide answers to when prompted, to help us confirm that you are the person accessing the Online Portal and the Services.
“Services” means services, features, functionality, content or information that we offer through some or all of our websites that may be accessed using your Devices.
“Sign-In Credentials” means User IDs, Passwords, Personal Verification Questions, Device Passcodes or other information required to access the Services.
“Site(s)” means any website operated by Haventree Bank.
“User ID” means the user ID, selected by you, you use to sign on to and access the Online Portal.
“We”, “us” and “our” means Haventree Bank and, if applicable, its affiliates.
“You” and “your” means the customer with an Account or Service which is accessed through the Online Portal.