Terms and Conditions for the NOMI Find & Save Service and Account

Please review the following Terms and Conditions that apply to the NOMI Find & Save Service and NOMI Find & Save Account. You must review them and click "Agree and Continue" to confirm you that you have read, understood and agree to the Terms and Conditions in order for the NOMI Find & Save Service to be made available to you and the NOMI Find & Save Account to be opened.

PART A: GENERAL

1. Definitions

In this document:

(a) “Business Day” means regular weekdays only and excludes Saturdays, Sundays, bank holidays and federal and provincial statutory holidays;

(b) “NOMI Find & Save Account” is a personal deposit account that is a savings account, created to hold the funds we transfer from the Source Account and that may only be accessed through Online Banking or Mobile Banking;

(c) “NOMI Find & Save Service” is a service, wherein we review and analyze your banking activity in the Source Account during a period of at least (3) three months. Based upon our analytics, we identify funds in the Source Account that may be used towards your savings and relying on your authorization to transfer funds provided herein, we may periodically transfer such funds from your Source Account to your NOMI Find & Save Account;

(d) "Message Centre" means our online communication centre located in Online Banking and where encrypted communications may be transmitted between you and us;

(e) "Online Banking" means our online banking service;

(f) “Source Account” means the personal deposit account that you have in sole ownership with us that is a banking (chequing) account and that has remained open, active and in good standing for a period of at least three (3) months. If you have more than one banking account in sole ownership and good standing with us, it means your most active banking account in terms of the variety and number of transactions over the last three (3) month period;

(g) "Terms and Conditions" means these terms and conditions that apply to the NOMI Find & Save Service and NOMI Find & Save Account, and the Interest Rate applicable to the NOMI Find & Save Account found on our RateSetter available in our branches, on the Interest Rate page in our website and by clicking on the “Interest Rate” link on the page from which you clicked to access these terms and conditions, all the subject of this consent.

(h) “we", "us" and "our" mean Royal Bank of Canada (the Bank) or any of its deposit taking subsidiaries; and

(i) "You" and "your" means the applicant(s).

2. Enroll in Online Banking

Your record keeping option for the NOMI Find & Save Account is electronic account Statements and Notifications. If you are not already enrolled in Online Banking, you agree that you will enroll in Online Banking. In addition, you agree that you will stay enrolled in Online Banking during the time that your Statement and Notification delivery option is electronic.

3. Changes to the Terms and Conditions

We may change the Terms and Conditions, other than those terms required by law, by providing you with written or electronic notice, including by providing you with notice (i) in your electronic Statements, (ii) in the Message Centre or elsewhere in Online Banking, or (iii) sent to the email address you last provided via Online Banking or to your mailing address last appearing on our records. If you access Online Banking after the effective date of the change, it will mean that you have agreed and consented to the change.

4. Severance

If any part of these Terms and Conditions is held unenforceable for any reason, the unenforceable portion of these Terms and Conditions will not affect the enforceability of the remainder of the Terms and Conditions, which will continue in full force and effect as if these Terms and Conditions had been executed without the unenforceable portion.

5. Governing Law

These Terms and Conditions and all services related to the operation of the NOMI Find & Save Account will be governed by the laws of Canada and by the laws of the province in which the branch of the NOMI Find & Save Account is located. You agree to submit to and be bound by those laws and the courts of that jurisdiction.

6. Collection and Use of Personal Information:

Collecting your personal information

We may from time to time collect financial and other information about you such as:

information establishing your identity (for example, name, address, phone number, date of birth, etc.) and your personal background;
information related to transactions arising from your relationship with and through us, and from other financial institutions;
information you provide on an application for any of our products and services;
information for the provision of products and services; and
information about financial behaviour such as your payment history and credit worthiness.

We may collect and confirm this information during the course of our relationship. We may obtain this information from a variety of sources, including from you, from service arrangements you make with or through us, from credit reporting agencies and financial institutions, from registries, from references you provide to us and from other sources, as is necessary for the provision of our products and services.

You acknowledge receipt of notice that from time to time reports about you may be obtained by us from credit reporting agencies.

Using your personal information

This information may be used from time to time for the following purposes:

to verify your identity and investigate your personal background;
to open and operate your Account(s) and provide you with products and services you may request;
to better understand your financial situation;
to determine your eligibility for products and services we offer;
to help us better understand the current and future needs of our clients;
to communicate to you any benefit, feature and other information about products and services you have with us;
to help us better manage our business and your relationship with us;
to maintain the accuracy and integrity of information held by a credit reporting agency; and
as required or permitted by law.
For these purposes, we may:
make this information available to our employees, our agents and service providers, who are required to maintain the confidentiality of this information;
share this information with other financial institutions; and
give credit, financial and other related information to credit reporting agencies, who may share it with others.

In the event our service provider is located outside of Canada, or if you have a U.S. dollar account and information is shared with and used by our U.S. employees and agents, the recipient of the information is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the recipient of the information is located.

Upon your request, we may give this information to other persons.

We may also use this information and share it with RBC companies

(a) to manage our risks and operations and those of RBC companies;

(b) to comply with valid requests for information about you from regulators, government agencies, public bodies and other entities who have a right to issue such requests; and

c) to let RBC companies know your choices under “Other uses of your personal information” for the sole purpose of honouring your choices.

If we have your social insurance number, we may use it for tax-related purposes if you hold a product generating income and share it with the appropriate government agencies, and we may also share it with credit reporting agencies as an aid to identify you.

Other uses of your personal information

We may use this information to promote our products and services, and promote products and services of third parties we select, that may be of interest to you. We may communicate with you through various channels, including telephone, computer or mail, using the contact information you have provided.
We may also, where not prohibited by law, share this information with RBC companies for the purpose of referring you to them or promoting to you products and services that may be of interest to you. We and RBC companies may communicate with you through various channels, including telephone, computer or mail, using the contact information you have provided. You acknowledge that as a result of such sharing, they may advise us of those products or services provided.
If you also deal with RBC companies, we may, where not prohibited by law, consolidate this information with information they have about you to allow us and any of them to manage your relationship with RBC companies and our business.

You understand that we and RBC companies are separate, affiliated corporations. RBC companies include our affiliates which are engaged in the business of providing any one or more of the following services to the public: deposits, loans and other personal financial services; credit, charge and payment card services; trust and custodial services; securities and brokerage services; and insurance services.

You may choose not to have this information shared or used for any of these “Other uses” by contacting us as set out below, and in this event, you will not be refused credit or other services just for that reason. We will respect your choices and, as mentioned above, we may share your choices with RBC companies for the sole purpose of honouring your choices regarding “Other uses of your personal information.”

Your right to access your personal information

You may obtain access to the information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policies or to request that the information not be used for any or all of the purposes outlined in “Other uses of your personal information” you may do so now or at any time in the future by:

contacting your branch; or
calling us toll-free at 1-800 ROYAL^® 1-1 (1-800-769-2511).

Our privacy policies

You may obtain more information about our privacy policies by asking for a copy of our “Financial fraud prevention and privacy protection” brochure, by calling us at the toll-free number shown above or by visiting our website at www.rbc.com/privacysecurity.

7. Complaint or Compliment:

If you have a problem or concern, you may telephone or visit your Branch.

If your problem is not resolved to your entire satisfaction, we encourage you to contact:

Client Care Centre

P.O. Box 1, Royal Bank Plaza

Toronto, Ontario M5J 2J5

Telephone: 1-800-769-2540

Fax: 416-974-3561

Email: clientcarecentre@rbc.com

If you are still not satisfied, you may refer the matter to:

RBC Office of the Ombudsman

P.O. Box 1, Royal Bank Plaza

Toronto, Ontario M5J 2J5

Telephone: 1-800-769-2542

Fax: 416-974-6922

Email: ombudsman@rbc.com

Should all of our efforts to resolve a dispute fail, you may turn to:

ADR Chambers Banking Ombuds Office

P.O. Box 100631 Adelaide Street East

Toronto, Ontario M5C 2K4

Telephone: 1-800-941-3655

Fax: 1-877-803-5127

Email: contact@bankingombuds.ca

Website: www.bankingombuds.ca

If you have a regulatory complaint, you may contact:

Financial Consumer Agency of Canada

6th Floor, Enterprise Building

427 Laurier Avenue West

Ottawa, Ontario K1R 1B9

English: 1-866-461-3222

Fax: 1-866-814-2224

Website: www.fcac-acfc.gc.ca

We publish a brochure (“How to make a complaint”) about getting assistance with problems and concerns you have about an account. You may obtain a copy of this brochure at any of our Branches in Canada or by writing to us.

8. 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 cette entente et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).

PART B: ELECTRONIC DISCLOSURE AND TRANSACTION

1. Consent to Electronic Availability of Terms and Conditions: To complete the account opening process, we must provide, and you must review and consent to these Terms and Conditions. As you have chosen to open the NOMI Find & Save Account electronically, we will provide you with the Terms and Conditions in electronic form provided that you consent to receive them in electronic form.

2. Electronic Signatures: You agree that you adopt the electronic information created by you clicking on the “Agree & Continue” button, which includes the current date and time, the session identification number, and your client number as your signature for these Terms and Conditions

3. Cancel: If you do not accept the Terms and Conditions, click “Cancel”.

4. Correcting Errors: If you want to correct an error in these Terms and Conditions, click “Cancel” and contact your branch or by calling 1-800-Royal 11.

5. Delivery of this Agreement: After you electronically sign these Terms and Conditions we will deliver a copy of the Terms and Conditions to you in your NOMI Find & Save Message Centre which can be found in the Menu of the RBC Mobile App under “NOMI Find & Save”. The Terms and Conditions will be available in your NOMI Find & Save Message Centre for up to 6 months from the date we first sent them to you in your NOMI Find & Save Message Centre, unless deleted by you. It is your responsibility to retain a copy of the Terms and Conditions by saving or printing a copy while it is available to view in your NOMI Find & Save Message Centre. The Terms and Conditions, as amended from time to time, will also be accessible through “Legal” link in Online Banking or by contacting us as set out below in the “Complaints or Compliments” section of Part D of these Terms and Conditions. You can also print or save a copy of these Terms and Conditions now.

6. Technical Requirements: Some electronic devices may not be compatible with the way these Terms and Conditions are displayed. If you are experiencing any problems please contact your branch or by calling 1-800-Royal 11.

7. Consent to Receive Electronic Delivery of Statements and Notifications

As you have chosen to open the NOMI Find & Save Account online, we will provide you with Statements and Notifications (as defined below) in electronic form provided that you consent to receive them in electronic form.

(a) Consent to Receive Electronic Delivery of Statements and Notifications. You consent to receive the following in electronic form in Online Banking:

Monthly account statements related to your NOMI Find & Save Account ("Statements"); and
Notices that we are required by law to send you in writing including changes to the Terms and Conditions, increases in fees and the introduction of new fees applicable to your NOMI Find & Save Account ("Notifications").

(b) Electronic Delivery Process. You acknowledge that:

Through links in Online Banking and links in messages sent to the Message Centre, you can access any electronic Statements that are currently in your archive of Statements.
Important information about your NOMI Find & Save Account and certain Notifications may appear on the Statements themselves. All other Notifications will be sent through the Message Centre or through links in messages sent to the Message Centre.
Your consent to electronic Statements and Notifications takes effect immediately.
We will notify you when new electronic Statements and certain electronic Notifications are available by sending messages to the Message Centre or through links in messages sent to the Message Centre.
In addition to the notification mentioned above, you may select to have an email sent to the personal email account you specify in Online Banking, advising you that an electronic Statement is available. If you have requested email notification, you acknowledge and agree that email is not secure or reliable, and may not be received by you in a timely manner or at all.

(c) Document Options. For most personal deposit accounts, you can change the preference from electronic to paper Statements and Notifications for the account at any time by contacting any branch or by calling 1-800-Royal 11. This change can also be made by clicking on the View and Manage Documents link in Online Banking.

If you would like a paper copy of a Notification for your NOMI Find & Save Account, you can contact us at 1-800-Royal 11.

(d) Contact Information. You will advise us of any changes to your contact information that you have provided in connection with Online Banking.

(e) Availability. During the time that this account has been designated to receive electronic Statements, your electronic Statements will be available for up to 7 years as long as your account remains open and you continue to be enrolled in Online Banking. The electronic Notifications will be available in the Message Centre for up to 90 days from the date we first notify you in the Message Centre, unless deleted by you. It is your responsibility to retain a copy of each document by printing or saving a copy while it is available to view in Online Banking. We can provide you with a paper copy of any Statement that you have received electronically at our standard fee, if applicable.

(f) Technical Requirements. All electronic Statements and some electronic Notifications are presented as PDF files and require you to have Adobe‡ Reader‡ software installed on your computer. We do not own or operate, and are not responsible for, Adobe Reader software.

(g) Provision of Paper. We may provide you with paper Statements and Notifications if we deem it appropriate or if we are unable to provide you with them electronically.

PART C : NOMI FIND & SAVE SERVICE AND NOMI FIND & SAVE ACCOUNT

1. Selecting the Source Account

You authorize us to identify and select the banking account that will serve as the Source Account from which funds will be withdrawn. Once your NOMI Find & Save Account has been opened, you will be able to see which banking account has been selected as the Source Account by referring to the “Account Information” section of the NOMI Find & Save Setting in the RBC Mobile App Menu.

Once a Source Account has been selected and linked to a NOMI Find & Save Account, it may not be replaced by any other banking account.

2. Terms and Conditions

To use the NOMI Find & Save Service and open the NOMI Find & Save Account, you must agree to the Terms and Conditions. Use of the NOMI Find & Save Service and NOMI Find & Save Account are subject at all times to the Terms and Conditions. Please read them carefully. Once you have agreed to these Terms and Conditions, we will set up the NOMI Find & Save Service and open the NOMI Find & Save Account. By allowing the NOMI Find & Save Service to debit funds from the Source Account and credit them to the NOMI Find & Save Account, you represent that you have read and understand these Terms and Conditions, and agree to be bound by them.

3. The NOMI Find & Save Service

You authorize us to electronically debit your Source Account as follows:

Range of acceptable debit amounts:	up to $50;
Frequency of debits:	up to once daily

You also authorize us to immediately credit your NOMI Find & Save Account with the amount debited from the Source Account. You acknowledge and accept that the amount and frequency of each debit from the Source Account and corresponding credit to the NOMI Find & Save Account will be determined and made by us. The amount and frequency may vary, depending on your banking activity in the Source Account over the three month period prior to the debit.

You may not change either the amount or the frequency of any debits from the Source Account and credits to the NOMI Find & Save Account. You waive any right to receive prior notice of the amount and timing or change to the amount and timing of any debit from the Source Account and credit to the NOMI Find & Save Account.

You may suspend (pause) the NOMI Find & Save Service for up to one year in the Settings menu of the NOMI Find & Save dashboard, in which case the debits from the Source Account will cease. You can restart your NOMI Find & Save Service at any time, also by going to the Settings menu of the NOMI Find & Save dashboard. Once the paused period expires and providing your Source Account and NOMI Find & Save Account are still open, the NOMI Find & Save Service will automatically restart, causing the debits from the Source Account and corresponding credits to the NOMI Find & Save Account to begin again.

4. The NOMI Find & Save Account

The sole purpose of the NOMI Find & Save Account is to hold the funds transferred from the Source Account and help you save.

Only the NOMI Find & Save Service may deposit funds into the NOMI Find & Save Account. You may not deposit funds into the NOMI Find & Save Account whether from the Source Account or any other source. However, you may withdraw funds from the NOMI Find & Save Account at any time, by transferring them back to the Source Account, where they may be withdrawn.

Other than transfers to the Source Account, no other transactions are available to you in the NOMI Find & Save Account.

5. Fees

There are no fees related to the NOMI Find & Save Account or the NOMI Find & Save Service.

6. Interest

We will pay you interest on the credit balance in the NOMI Find & Save Account pursuant to the rate disclosed in our RateSetter available at our branches or on our Interest Rate page in our website.

The interest rate is an annual interest rate and is a simple interest calculation. Interest is calculated daily on the closing credit balance. Deposit interest is paid monthly on the second Business Day of the following calendar month, backdated to the previous Business Day.

7. Your Responsibilities

You alone are responsible for ensuring your Source Account has sufficient funds for your needs, purposes and transactions. We are not responsible for any overdraft or other account fees that may be incurred in the Source Account in order to facilitate deposits to the NOMI Find & Save Account. You are responsible for maintaining sufficient funds in the Source Account in order to avoid overdraft interest and any other charges.

Your financial situation is unique. We do not make any representation, warranties or guarantees of any kind that these services are appropriate for you. Before accepting the NOMI Find & Save Service and the NOMI Find & Save Account, you may consider obtaining additional information and/or advice from a financial adviser.

8. Inactivity

If your Source Account becomes depleted of funds or is closed, we will no longer be able to make credits to the NOMI Find & Save Account. Your NOMI Find & Save Account will become inactive if credits to it and debits from it cease. You may reactivate your NOMI Find & Save Account by depositing funds into your Source Account or by transferring funds from your NOMI Find & Save Account to the Source Account. If your Source Account has been closed, you should withdraw your funds from the NOMI Find & Save Account and close it.

If you have not transacted on your NOMI Find & Save Account for 24 months (two years) or more, your NOMI Find & Save Account will become inactive. You may choose to reactivate or close your NOMI Find & Save Account. When a NOMI Find & Save Account has been inactive for periods of two years, five years and nine years, we are required by law to notify you in writing by sending you an inactive account notice. We do not send notices in the third, fourth, sixth, seventh and eighth years of inactivity.

If your NOMI Find & Save Account remains inactive and the balance reaches zero at any time after we send you the two-year inactive account notice, we will close your NOMI Find & Save Account without further notice to you. If your NOMI Find & Save Account remains inactive and the balance is still unclaimed after the nine-year inactive account notice is sent, we will close your NOMI Find & Save Account. Deposit interest will be paid until the NOMI Find & Save Account is closed. The balance of your NOMI Find & Save Account will be transferred to the Bank of Canada after 10 years of inactivity.

9. Account Closure

You may not switch or convert the NOMI Find & Save Account to another account. You may close the NOMI Find & Save Account at any time by contacting us. If the NOMI Find & Save Account is closed during the calendar month, the interest is calculated from the first day of the month to and including the day before the NOMI Find & Save Account is closed. The interest is paid to the NOMI Find & Save Account on the day the NOMI Find & Save Account is closed.

We will then transfer the balance in your NOMI Find & Save Account to your Source Account and promptly close it. If the Source Account has already been closed, we may either issue any net balance of the funds to you in person if you close your NOMI Find & Save Account in person or issue a draft in the amount of any net balance in the NOMI Find & Save Account at the date of the closure payable to you and deliver at your risk to your last recorded address or in any other manner we deem appropriate. Your termination of these Terms and Conditions will not affect any of our rights or your obligations under these Terms and Conditions.

We may close or suspend a NOMI Find & Save Account for any reason in our absolute discretion and without notice, including if you do not conduct it in accordance with these Terms and Conditions and the law, or if, in our opinion, there is unusual, improper or suspicious activity in the NOMI Find & Save Account or the Source Account. If we close the NOMI Find & Save Account, we may transfer the funds to the Source Account. If the Source Account has already been closed, we may either issue any net balance of the funds to you in person or issue a draft in the amount of any net balance in the NOMI Find & Save Account at the date of the closure payable to you and deliver at your risk to your last recorded address or in any other manner we deem appropriate.

10. Disputes

(a) If there is a dispute about the funds in a NOMI Find & Save Account or the ownership of a NOMI Find & Save Account, we may freeze the funds until such time as the dispute is resolved, apply to the court for directions or pay the funds into court. In any case, we shall fully recover any expenses incurred by us from the funds in the NOMI Find & Save Account.

(b) In the event of any executions of third party demands or claims against or related to the NOMI Find & Save Account, we may fully recover any expenses incurred by us from the funds in the NOMI Find & Save Account.

11. Access to Your NOMI Find & Save Account

We will determine how you may access your NOMI Find & Save Account, including ways to identify you when you require our services. We may issue you a client card and require it to be used in certain channels to gain access to your NOMI Find & Save Account. If we do, we will provide you with the rules governing its use in a Client Card Agreement. Your client card is a separate product from your NOMI Find & Save Account.

(a) The NOMI Find & Save Account is for your personal banking needs only. If the NOMI Find & Save Account is used for business purposes, we can close the NOMI Find & Save Account.

(b) We can require you to come to the branch to do any transaction.

(c) We may permit you to access the NOMI Find & Save Account and conduct transactions through other channels, such as online, in our mobile channel or by telephone,

(d) You acknowledge that nothing in these Terms and Conditions or any other agreement between you and us, will prevent us from restricting access to a NOMI Find & Save Account, refusing to release funds in a NOMI Find & Save Account if we are required to do so or if, in our opinion, there is unusual, improper or suspicious activity or closing an Account for any reason, in our complete discretion.

(e) You agree to take all reasonable precautions to maintain the security and integrity of your NOMI Find & Save Account and to prevent fraudulent transactions in your NOMI Find & Save Account. You agree to advise us of any suspicious circumstances that you are aware of surrounding any transaction in your NOMI Find & Save Account.

12. Adjustments

We may adjust a deposit to a NOMI Find & Save Account at any time for any reason, including to correct amounts that we believe were credited to a NOMI Find & Save Account by mistake or that we suspect could be the result of any fraudulent, unlawful or improper activity. If there are not sufficient funds in the NOMI Find & Save Account to cover the adjustment, we may adjust the Source Account or, if the Source Account has been closed, any other account, even if it creates an overdraft in that account or results in the account being overdrawn in excess of any overdraft limit.

13. Appointing an Attorney:

You may appoint one or more attorneys to act for you in respect of a NOMI Find & Save Account. However, we may refuse to accept the appointment in our sole discretion if it is not satisfactory to us, or we may refuse to honour any NOMI Find & Save Account transaction made by an attorney (or by any committee, property guardian or similar representative appointed by a court to act for you in respect of a NOMI Find & Save Account). An Attorney will have access to the previous NOMI Find & Save Account history and transaction details for the NOMI Find & Save Account, and you agree to this access being provided.

14. Processing of Transactions:

You acknowledge that any transaction you make on a Business Day, such as a deposit, withdrawal or transfer, may not be processed by us on the same Business Day. We will not be responsible for any losses, damages or inconvenience suffered from a delay in the transaction.

15. Account Verification:

You must regularly examine all NOMI Find & Save Account transaction information in your account statements. You agree to go online and to check your electronic account statements regularly and at least once each month. You will notify us in writing of any errors, irregularities, omissions, unauthorized transactions or forgeries related to or in the NOMI Find & Save Account transaction information within 45 days from the date of your account statement. If you do not notify us as required, you will have accepted the NOMI Find & Save Account transaction information and account statements as complete, correct and binding on you, and we will be released from all claims by you in respect of the NOMI Find & Save Account transaction information and NOMI Find & Save Account statements, including any transaction and balance errors.

16. Use of Account

(a) You may not give anyone, other than us or an RBC company, a security interest in any funds in a NOMI Find & Save Account, whether by assignment, hypothec, transfer or otherwise.

(b) You acknowledge that you are not carrying on or associated with activities that are improper, illegal or unlawful or that you are connected with a business that we may determine, in our sole discretion, is a restricted business. You acknowledge that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations, as they may be amended from time to time, apply to the operation of your NOMI Find & Save Account and that we will, from time to time, adopt policies and procedures to address the reporting, client identification and recordkeeping requirements of this legislation. You agree to abide by and comply with all such policies and procedures, as applicable, and recognize that such policies and procedures may be more rigorous than the statutory or regulatory requirements. You agree that the NOMI Find & Save Account is not to be used by, or on behalf of, a third party or parties without our prior written permission.

(c) We reserve the right to prevent your NOMI Find & Save Account from being used for certain types of transactions as determined by us, including transactions connected to internet/online gambling, noting that non-permissible transactions exclude internet/online gambling related transactions originating from an internet/online gambling website which is offered through a lawfully established provincially run lottery corporation in Canada.

17. Application of Funds:

We may apply the funds on deposit in a NOMI Find & Save Account against any debt or obligation you owe us or any RBC company without notice to you. If the debt or obligation is in another currency, we may use all or part of the credit balance in the NOMI Find & Save Account to buy any currency that may be necessary to pay the debt or obligation.

18. Notification of Changes

We may change the interest rates, fees and other operating conditions for a NOMI Find & Save Account periodically as set out below:

(a) You will be given at least 30 days prior notice of changes to these Terms and Conditions;

(b) We will notify you of changes in the interest rate applicable to funds on deposit in a NOMI Find & Save Account (and the manner of calculating the amount of interest we will pay you on those funds) by statements displayed in our branches before or after the date of the change;

(c) We will notify you of any new fees or increases to fees applicable to a NOMI Find & Save Account by notice included with any account statements or separately at least 30 days before the effective date of the change;

d) If you use a NOMI Find & Save Account or have funds on deposit in the NOMI Find & Save Account after the effective date of a change, it will mean that you have agreed to the change.

19. Release of Funds on Death

We will require estate documentation to release funds from any NOMI Find & Save Account upon death of the owner. Estate documentation means any document that may be required by us in our absolute discretion, and may include a death certificate, probated will or notarial will (in Quebec). In the event of any dispute regarding the release of funds upon your death, we may pay the amounts held in any NOMI Find & Save Account into court and recover any expenses, including legal fees, incurred by us from the funds in a NOMI Find & Save Account. For further clarity, we may fully recover from the NOMI Find & Save Account any expenses for the translation of any documentation provided in connection with the release of the funds.

20. Liability for Damages

We will not be liable for any loss, damage or inconvenience suffered by you except in a case where there has been negligence on our part, even if we have been advised of the possibility of such damages. We will not, under any circumstances (even if we are negligent), be liable for any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever caused to you, regardless of the cause of action. In no event, even if we are negligent, will we be liable to you for any loss or damage suffered by you resulting from:

(a) any failure, error, malfunction, delay or inaccessibility of any machine, system or equipment;

(b) any failure, error or delay by any third party;

(d) any circumstances beyond our control.

21. Representation on the Payment of Taxes

You represent to us that, for so long as you have a NOMI Find & Save Account with us, you have filed and will continue to file truthfully all necessary tax returns, forms and disclosures with respect to all of your transactions and accounts with each taxation authority having jurisdiction over your tax affairs by reason of your citizenship, residence or domicile. You acknowledge and agree that you are responsible for timely paying any taxes owing to any taxation authority in relation to such accounts.

22. Language