Part B: General Terms and Conditions

  1. Definitions. In this Agreement the following terms will have the following meanings:

    "Account" means any available account held with us that you may access from time to time using the Services;

    "Account Preview" means the feature in Mobile Banking which allows you to automatically see the balances of your eligible Accounts that you select without signing in to the applicable App using your Sign-In Credentials.

    "Account Provider" means a RBC Account Provider or a Non-RBC Account Provider;

    "Account Verifier" means a Third Party who provides a Third Party Account Verification Service;

    "Activation Code" means the one-time activation code that we may give to you;

    "Acxsys" means Acxsys Corporation, and includes its successors and assigns. It supplies services related to e-Transfers to us and other financial institutions participating in the e-Transfer Service;

    "Aggregated Account" means an Available Account that you choose to be viewed via the Aggregation Service;

    "Aggregation Information" means balance and transaction information regarding an Aggregated Account;

    "Aggregation Service" means our account aggregation feature in Online Banking. It retrieves, consolidates, organizes and presents Aggregation Information to you to view;

    "Aggregator" means a Third Party who provides a Third Party Account Aggregation Service. Note that an Aggregator does not include a Third Party that allows you to do transactions through their service or that does transactions on your behalf;

    "Agreement" has the meaning given in Part A of this Agreement;

    "Alert Centre" means the location in Online Banking where you may select your Alerts and securely view your Alerts;

    "Alerts" means notifications about certain events or conditions that you may select in your Alert Centre;

    "App" means Software that you can download onto a mobile or wireless Electronic Access Device in order to access certain mobile services such as Mobile Banking and Mobile Payments.  App includes Software such as RBC Mobile, RBC Canada and RBC Wallet;

    "ATM" means automated teller machine;

    "Available Accounts" means accounts held with us or any Third Party, which we allow you to view via the Aggregation Service;

    "Business Day" means regular weekdays only and excludes Saturdays, Sundays, bank holidays and federal or applicable provincial statutory holidays;

    "client card" means a card that we may issue to you with a unique card number. It may be used with your Password to access the Services;

    "Client Card Agreement" means the agreement that applies to your use of your client card;

    "Deposit Account" means any eligible personal deposit account governed by the Deposit Account Agreement;

    "Deposit Account Agreement" means the Client Agreement – Personal Deposit Accounts that applies to all your personal deposit accounts;

    "Document(s)" means electronic versions or representations of bills, invoices and other records, notices, statements, confirmations or documents, or information in summary form about the foregoing. We choose which Documents may be presented via the Document Presentment Service. You request for Documents to be presented to you via the Document Presentment Service. Documents may also be called "ebills";

    "Document Information" means personal information about you contained in a Document that has not otherwise been disclosed by you to us;

    "Document Presentment Service" means the electronic document presentment feature in Online Banking, but does not include your choice to change your statement options and receive electronic delivery of your statements. It allows Issuers to present Documents to you and allows you to receive and view Documents. The Document Presentment Service may also be called the "epost service" or "RBC ebills";

    "Electronic Access Device" means a personal computer, telephone, cell phone, smart phone, mobile device, wireless device, tablet device or any other electronic device that we allow you to use to access the Services;

    "electronic means" has the meaning given in Part B, Section 7 of this Agreement;

    "e-Transfer" means an Interac‡ e-Transfer sent or received through the e-Transfer Service;

    "e-Transfer Service" means the Interac e-Transfer feature in Online Banking that allows you (i) to send funds from certain Accounts to another person by specifying an email address, mobile number or Facebook profile name of a Facebook friend, or (ii) to receive funds;

    "e-Transfer Question and Answer" means the security question and answer created by a Sender and used for verification purposes for the e-Transfer Service;

    "Financial App" means any product with digital content consisting of data files, applications, software, written text, audio clips, graphics and images available for your use through the myFinanceTracker Service;

    "Funding Source" means any Account, pre-paid card, Visa debit number or card or other source of funds that we deem eligible as a payment source for transactions;

    "Gift Card" means a gift card that is redeemable for merchandise or services at select merchants;

    "Gift Card Number" means information that identifies your Gift Cards, including any gift card numbers, personal identification numbers, or security codes;

    "Gift Card Offers" mean offers that are made available to you by us or by Retailers in relation to the Gift Card Services, such as additional incentives for purchasing or reloading a Gift Card;

    "Gift Card Recipient" means a person who is the intended recipient of a Gift Card;

    "Gift Card Services" means the gift card services provided through our Apps that includes (i) retrieving balance information and other gift card data, (ii) executing and completing transactions such as purchasing Gift Cards, sending Gift Cards, adding Gift Cards that were previously purchased from a Retailer and reloading Gift Cards; and (iii) taking advantage of Gift Card Offers;

    "Image" means a digital representation of the front and back of an original paper Instrument. An Image is an Instrument under the Deposit Account Agreement;

    "Information" means balance and transaction information regarding Accounts;

    "Instrument" has the same meaning as set out in the Deposit Account Agreement and includes items such as cheques, drafts and money orders;

    "Interac Online Payment" means the online debit payment feature available from selected merchant websites and processed through Online Banking. It allows you to debit funds from some Accounts to pay for goods and services to a Third Party participating in Interac Online Payment;

    "Issuer" means any party who creates or issues Documents to be presented to you via the Document Presentment Service. An Issuer may also be called an "ebiller";

    "Issuer Enrolment" has the meaning given in Part D, Section 2 of this Agreement;

    "Log-in Information" means any information that you must enter to access an Aggregated Account. It may include a client identification number, username, access code or password;

    "Loyalty Card" means a card associated with a loyalty reward program;

    "Loyalty Card Offers" mean offers that are made available to you by us or by Loyalty Program Providers in relation to the Loyalty Card Services, such as additional incentives for earning Loyalty Points offered by the Loyalty Program Providers;
                                                          
    "Loyalty Card Services" means the loyalty card services provided through our Apps that includes (i) retrieving balance information and other Loyalty Card data, (ii) executing and completing transactions such as earning, redeeming and converting Loyalty Points offered by Loyalty Program Providers;

    “Loyalty Points” means the points or other rewards that a Loyalty Program Provider offers through a loyalty reward program;
    Loyalty Program Providers” mean the Third Parties who offer Loyalty Cards;

    "Message Centre" means our online communication centre located in Online Banking where information may be securely communicated between you and us;

    "Mobile Banking" means access to certain services, features, functionality, content or information that is available through Online Banking using certain Electronic Access Devices through our websites that are specifically designed for mobile use or through Software such as our Apps;

    "Mobile Cheque Deposit" has the meaning given in Part G, Section 2(a);

    "Mobile Payments" means the mobile payment feature that we make available through our Apps which allows you to debit or credit funds from a Funding Source using NFC technology to conduct transactions with Third Parties participating in Mobile Payments.  Mobile Payments does not include mobile payment features that may be offered by Third Parties through our Apps;

    "Mobile Wallet" means your virtual wallet offered through our Apps that provides you with access to any Funding Source that you have added to your Mobile Wallet to make Mobile Payments.  Mobile Wallet does not include mobile wallets that may be offered by Third Parties through our Apps;

    "myFinanceTracker Service" means our personal financial management service feature in Online Banking and any Financial App available through the service, which retrieves, consolidates, organizes and presents Information and, if applicable, Aggregation Information for you to view;

    "NFC" means near field communication which allows for communication between devices such as Electronic Access Devices and other near field communication enabled devices by touching or bringing them close together to conduct transactions including data exchange and contactless payments;

    "Non-RBC Account Provider" means any Third Party with which you have an Aggregated Account, except for one of our subsidiaries or affiliates;

    "Online Banking" means our online banking service and includes Mobile Banking;

    "Other Agreement" has the meaning given in Part A of this Agreement;

    "Password" means a confidential combination of numbers and/or letters you select to identify yourself that you must provide to access the Services. The secret access code you use for Telephone Banking, the password you use for Online Banking and the passcodes you may be prompted to enter before using any of the Services offered through our Apps  are all examples of Passwords;

    "Payment" means any payment, debit or transfer made using the Services, including the e-Transfer Service, Interac Online Payment or Mobile Payments;

    "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 Services;

    "present", "presentment" and "presented" mean a Document is made available to you to receive and view;

    "Prohibited Instrument" has the meaning given in Part G, Section 5(b) of this Agreement;

    "RBC Account Provider" means any RBC Company with which you have an Aggregated Account;

    "RBC Canada" means Software that you can download onto a tablet Electronic Access Device in order to access certain mobile Services such as Mobile Banking;

    "RBC Company" means Royal Bank of Canada and our subsidiaries and affiliates;

    "RBC Mobile" means Software that you can download onto a mobile or wireless Electronic Access Device in order to access certain mobile Services such as Mobile Banking and Mobile Payments;

    "Recipient" means a person, including you, who is the intended recipient of an e-Transfer;

    "Retailers" mean Third Party merchants who offer Gift Cards;

    "Sender" means a person, including you, who initiates an e-Transfer;

    "Service Terms" means legal terms, conditions, instructions or disclaimers relating to your use of or access to the Services or Third Party Services;

    "Services" means the services and features that we offer through some or all of Online Banking, Telephone Banking and Mobile Payments and that may be accessed by certain Electronic Access Devices;

    "Sign-In Credential(s)" means Usernames, Passwords, Personal Verification Questions or other information required to access the Services;

    "Software" means a downloadable program that we offer to access certain services, features, functionality, content or information made available by us using certain Electronic Access Devices;

    "Telephone Banking" means our telephone banking service;

    "Third Party" means any party other than you, us or a party when acting as a Third Party Service Provider. It includes merchants, our subsidiaries and affiliates, parties you can make payments to or conduct transactions with, through the Services, other financial institutions, parties who provide Third Party Services, Non-RBC Account Providers, Aggregators, Account Verifiers, Issuers and any parties participating in Interac Online Payment, the e-Transfer Service or Mobile Payments;

    "Third Party Account Aggregation Service" means an online account aggregation service that retrieves, consolidates, organizes and presents your accounts for the sole purpose of allowing you to view your accounts with the Aggregator in one place;

    "Third Party Account Verification Service" means an online account verification service provided by a Third Party that uses your Username, Password and/or answers to Personal Verification Questions for the sole purpose of validating your identification during an account open process;

    "Third Party Service Provider" means a party retained by us to act on our behalf to provide, or to assist us in providing, the Services;

    "Third Party Services" means any products or services provided by a Third Party that can be used or accessed in or through Online Banking such as Visa Checkout, Gift Card Services and Loyalty Card Services;

    "Unauthorized Transactions" has the meaning given in Part B, Section 20(b) of this Agreement;

    "Username" means for Online Banking, either your client card number or a combination of numbers and/or letters that we may allow you to select. You must provide your Username with your Password to access Online Banking;

    "Visa" means Visa Canada Corporation and its affiliates;

    "Visa Checkout" means a digital payment service offered and operated by Visa which enables you to centralize the storage and management of information about Funding Sources approved by Visa, including your account number and expiry date and your name, email address and correspondence address. It also enables you to pay for purchases on multiple platforms using Funding Sources, and includes any other features or services added by Visa from time to time;

    "we", "us" and "our" mean Royal Bank of Canada; and

    "you" and "your" mean the person who is enroled to access the Services.

    The word "including" followed by a list means that the listed items are just examples of what we are referring to, but there may also be other examples as well that we have not listed.
  2. Changes to this Agreement. Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, then if you use the Services after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, then if you use the Services after the date of the notice, you agree and consent to the change.
  3. Changes to the Services. You understand that we may add, remove or change any part or feature of the Services, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.
  4. Notice. For Online Banking and Mobile Payments, any notice may be (i) given to you in Online Banking, through the Message Centre, through an Electronic Access Device or on any of our websites, or (ii) sent to your email or mailing address last shown on our records. For Telephone Banking, any notice may be sent to your mailing address last shown on our records.
  5. Use/Instructions. You may be required to provide Sign-In Credentials to access the Services. If you have more than one App installed on your Electronic Access Device and the Sign-In Credentials provided to access Services within one App are the same as the Sign-In Credentials required to be provided to access the Services within the other App(s), you may not be required to provide the said Sign-In Credentials on the other App if you have already provided them. Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you. Any instruction will have the same legal effect as if it was a written instruction and signed by you.
  6. Payments. You can only make a Payment from Funding Sources that are available via the Services for this purpose. If you give an instruction, including a post-dated or scheduled Payment instruction, to make a Payment from an Account, you acknowledge that although funds may be withdrawn from your Account on the date the instruction is given or the date you instruct, a Third Party may not receive the Payment on the date of your instructions, the date you instruct or the date the funds were withdrawn.

    We are not responsible for any disputes you have with a Third Party including if that Third Party (i) does not credit you for a Payment for whatever reason, (ii) charges you fees or penalties, or (iii) does not supply goods or services purchased or the goods or services are not suitable.

    You must make sure that all information we need (including account numbers, email addresses and payee names) to complete any Payment instruction is accurate. We may without notice update such payee information if that Third Party tells us of a change or if we believe it necessary. We may without notice decline or refuse to act on an instruction given or purported to be given by you, including if we believe that you or the recipient of any Payment is engaging in fraudulent, unlawful or improper activity, or that an error or mistake has occurred.
  7. Communication and Contracts by Electronic Means. 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 computer, telephone, cell phone, smart phone, Internet, email, personal digital assistant, facsimile or other method of telecommunication or electronic transmission.
  8. Prohibitions on Use. You will not (i) provide untrue, inaccurate or incomplete information about yourself, your Funding Sources or your accounts at other financial institutions; (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.
  9. Setting Limits. We can set one or more access limits (for example, dollar limits on the amount you can transfer on any day or limits on how many payments you can make on any day) for the Services. We can change these access limits when we want to without notice to you. If you have a client card, we will tell you your initial access limits when we send your client card to you. If you do not have a client card or if certain initial access limits are not set out when your client card is sent to you, you can find your access limits in Online Banking.
  10. Different Availability. Not all of the same functionality or features may be accessible or available for all Accounts, Services or Electronic Access Devices or at all times.
  11. Mobile Banking and Mobile Payments. If you use Mobile Banking or Mobile Payments:
    (a) You may not have access to all Online Banking services, features, functionality, content or information through Mobile Banking (including your Message Centre, notices, legal and privacy terms, links, bills and statements) and you must access Online Banking other than through Mobile Banking on a regular basis to access such Online Banking services, features, functionality, content and information;
    (b) If you no longer want or cannot use a particular Funding Source to make Mobile Payments, you must remove or disable, as appropriate, the applicable Funding Source from the Mobile Wallet. If you do not remove or disable such Funding Source from the Mobile Wallet, you will be responsible for any Mobile Payments made from the applicable Funding Source;
    (c) Mobile Banking and Mobile Payments may not be available for use in locations outside of Canada and the United States; and
    (d) Mobile Banking and Mobile Payments will be provided in French or English based on the language settings in your Electronic Access Device. Where the language setting in your Electronic Access Device is other than English or French, Mobile Banking and Mobile Services will be provided in English.
  12. Alerts. If you request Alerts, we will send Alerts in the selected manner, for example, via email, text message or push notification to your Electronic Access Device. In order to enable or disable push notifications, you must set your preference in Online Banking and you may be required to adjust the settings on your Electronic Access Device.  If you are enroled in Alerts, have downloaded the version of an App that supports push notifications and have enabled notifications through settings in your Electronic Access Device, then you understand and agree that you may automatically receive push notifications. Alerts will also be made available in your Alert Centre and inbox in the Apps, if applicable. You may delete all or selected Alerts at any time. Alerts are unsecure and not encrypted and can be read by others if you allow them to access your email account or to view your Electronic Access Device. Although we will partially mask your card and account numbers, information such as an account balance may be included in an Alert. We do not charge for Alerts, but standard message and data rates may be charged by your mobile carrier. We provide Alerts for convenience and information purposes only.
  13. Entry of Activation Code. If we send you an Activation Code, you must enter the Activation Code as instructed to have access to all of the features and functions of the Services.
  14. Security.
    (a) You must always keep your Passwords and Personal Verification Questions strictly confidential. You must not disclose your Passwords or Personal Verification Questions to anyone. If you know or think that someone may know your Passwords or Personal Verification Questions, you must tell us immediately and you must change your Passwords or Personal Verification Questions, as applicable, immediately. Your obligations under this Section 14(a) are subject to the sole exceptions set out in Sections 14(b) and 14(c) below. You must select an e-Transfer Question and Answer known only to the person intended to receive your e-Transfer. You must not disclose an e-Transfer Question and Answer to anyone other than the person intended to receive your e-Transfer and as we may further instruct you.

    (b) You may choose to share your Password with an Aggregator. If you share your Password with an Aggregator, you understand that (i) we will not help the Aggregator in any way and we will not be responsible for the information retrieved by the Aggregator; (ii) we will not be responsible to you for any losses that may result from you sharing your Password, using the Aggregation Service or using a Third Party Account Aggregation Service; (iii) you are responsible to review the security and privacy standards and the terms of use of the Aggregator and to determine what your liability will be in connection with the Third Party Account Aggregation Service; (iv) you will change your Password immediately when you end the Third Party Account Aggregation Service; and (v) we have the right to prevent Aggregators from accessing your Accounts.

    (c) You may choose to share your Password or Personal Verification Questions with an Account Verifier.  If you share your Password or Personal Verification Questions with an Account Verifier, you understand that (i) we will not help the Account Verifier in any way and we will not be responsible for the information retrieved by the Account Verifier; (ii) we will not be responsible to you for any losses that may result from you sharing your Password or Personal Verification Questions or using a Third Party Account Verification Service; (iii) you are responsible to review the security and privacy standards and the terms of use of the Account Verifier and to determine what your liability will be in connection with the Third Party Account Verification Service; and (iv) we have the right to prevent Account Verifiers from accessing your Accounts.

    (d) Your Passwords, Personal Verification Questions and e-Transfer Question and Answer must be unique and not easily guessed or obtained by others, including not using the birth date or name of you or a family member, your telephone number, social insurance number, or sequential numbers such as "1234". You must not select a Password that is the same as any personal identification number (PIN) you use with a client card or credit card issued to you or your self-selected Username.

    (e) The security of your information depends on you using safe practices. You agree that when using the Services and Third Party 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 and Third Party Services for the purpose of the transaction. This includes making sure that other people cannot see the screen or key pad on your Electronic Access Device or cannot hear your call, as applicable. In addition:
    (i) There are sections on our websites about how you can make Online Banking more secure and about how we make Online Banking more secure. You must read these sections regularly;
    (ii) You must sign out after each Online Banking session to prevent anyone else from accessing your Online Banking;
    (iii) You must not leave your Electronic Access Device unattended while logged into Online Banking or while making Mobile Payments and you must use reasonable steps and precautions to protect your Electronic Access Device against loss or theft; and
    iv) 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 Electronic Access Device.

    (f) You will notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in an Account.

    (g) You agree to comply with any additional security requirements that we may require in connection with the Services.
  15. Consent to Collect and Use Your Online Activity Information. We may collect your online activity information in RBC Company public and secure websites, or in RBC Company advertisements hosted on Third Party websites, or from Services or Third Party Services accessed through Online Banking, using cookies and other tracking technology. Your online activity information may be used together with other information we have about you to assess the effectiveness of online promotions, to gather data about website functionality, to understand your interests and needs, to provide you with a customized online experience and to communicate to you information about products and services that may be of interest to you. The consent in this Section 15 will not change any other consent, authorization or preference you have given or may give regarding the collection, use and disclosure of your personal information. To request that your online activity information not be collected and used for the online personalization purposes noted in this Section 15, please contact your branch or call us toll free at 1-800-769-2511. Please see our online Privacy Policy (opens new window)for more details.
  16. Fees. You will pay all service fees or other charges that apply to the Services. For certain Accounts, we will deduct any service fees or other charges that apply from your Account at the time they are incurred. We will give you notice of these service fees and charges and may change them from time to time by providing you with prior notice. You acknowledge that these service fees or other charges are in addition to any other services fees or other charges that may apply to an Account. Unless we otherwise agree, any payment must be made in money which is legal tender at the time of payment. You acknowledge that Third Parties may charge additional fees, including fees to a service provider for access to or connectivity on an Electronic Access Device or for access to the Services, or fees to either a sender or a recipient of an e-Transfer.
  17. Third Party Service Providers and Third Parties.
    (a) You understand and agree that: (i) we may use Third Party Service Providers or Third Parties to provide or to assist us in providing the Services or Third Party Services; and (ii) other than our subsidiaries or affiliates, we do not sponsor or endorse any Third Party nor are we affiliated or associated with any Third Party Service Provider or Third Party.

    (b) Except as varied by Section 17(c) below, the consents and authorizations contained in this section 17 will not change any other consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your information.

    (c) You authorize us to collect, use and disclose, any information required to provide or operate a Service or Third Party Service, or any information or content you may provide while using or accessing a Service or Third Party Service, for the following purposes:

    (i) to share such information or content with any Third Party Service Provider or Third Party for the purpose of providing or assisting us in providing the Service or Third Party Service; and
    (ii) to prepare the reports described in subsection 17(d) of this Section; and

    (d) You also authorize any Third Party Service Provider or Third Party who works with or for us in providing you with a particular Service or Third Party Service to use information or any content you may provide while using the Service or Third Party Service in question for preparing, using and distributing statistical, profiling, performance or operation reports about such Service or Third Party Service, provided that if such reports are distributed to a participant in such Service or Third Party Service other than us, the information contained in all such reports will not be attributable to you.

    (e) In the event that a Third Party Service Provider or a Third Party is located in a foreign jurisdiction, it is bound by the laws of the jurisdiction in which it is located and may disclose personal information in accordance with those laws.

    (f) You expressly understand and agree that your use of any Third Party Service is at your sole risk and may be subject to the terms of the Third Party Service Provider. In addition, Third Party Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Service, whether express or implied.
  18. Online Banking Website Pages. Certain website pages in Online Banking are branded "RBC" because they contain information regarding the various RBC Companies and their accounts or services. These website pages are part of Online Banking and are covered by this Agreement.
  19. A) Liabilities - General. Subject to Section 20 and our negligence as set out below, we will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by you with respect to:
    (i) this Agreement, the Services or Third Party Services, or
    (ii) any instructions given to, by or purported to be given by you in connection with the Services and Third Party Services.

    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 (to be determined in light of 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:
    (a) the actions of, or any failure to act by, a Third Party or Third Party Service Provider (and no Third Party will be considered to be acting as our agent);
    (b) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data or information (including any passwords and/or answers to personal verification questions required to access information from other financial institutions) given by you to us, to any Third Party or to any Third Party Service Provider (including your failure to update); and (ii) any data or information (including any Document) provided to you by any Third Party;
    (c) 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;
    (d) unsecured communication being inaccurate, intercepted, reviewed or altered by others;
    (e) any delay or inability to access or use the Services or Third Party Services (including any charges such as late fees or additional interest you may have to pay to a Third Party);
    (f) your failure to (i) receive or view a Document that has been presented to you, (ii) cancel your Issuer Enrolment as required under Part D, Section 2 (Enrolment), or (iii) receive notification that a Document has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause, or for any payments or charges such as late fees, penalties or interest that you may have to pay to an Issuer;
    (g) any refusal to present Documents to you under Part D, Section 3 (Refusal to Present Documents);
    (h) your leaving our website or our Apps and linking to and from or using any Third Party's website;
    (i) your failure to remove the Funding Source from the Mobile Wallet if you no longer want or cannot use the Funding Source to make Mobile Payments as required under Part B, Section 11(b) (Mobile Banking and Mobile Payments);
    (j) you providing us with incorrect or non-operational contact information of the Gift Card Recipient when using Gift Card Services, or if someone other than the intended Gift Card Recipient uses or claims a Gift Card; or
    (k) your failure to fulfill any of your obligations under this Agreement including those in Part B, Section 15 (Security) or to comply with any instructions we may provide to you from time to time in connection with the Services.

    B) Release/Indemnities. 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 Third Party Services, or (ii) your breach of the terms and conditions of this Agreement.
  20. Liabilities for Unauthorized Transactions - Online Banking Guarantee
    (a) What does this section apply to - Notwithstanding Section 19 or any other section of this Agreement, this section governs our liability for Unauthorized Transactions (as defined below) on your Account(s) using Online Banking or Mobile Payments.
    (b) What is our responsibility - Subject to Section 20(c) and as otherwise set out in this Agreement, we will reimburse you for monetary losses to your Account(s) resulting directly from the following unauthorized transactions on your Account(s) using Online Banking or Mobile Payments (collectively, "Unauthorized Transactions"):
    (i) transactions that occur after you notify us immediately as required in Part B, Section 14 (Security) of this Agreement that you know or think that any of your Passwords may have become known by someone or has been disclosed to anyone, or that you noticed unusual, suspicious or fraudulent activity on any of your Accounts;
    (ii) transactions where it can be shown that you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation, so long as you report the incident to us immediately and cooperate and assist us fully in any investigation;
    (iii) transactions resulting from negligent conduct by us, our employees or Third Party Service Providers; and
    (iv) only in connection with Interac Online Payment, transactions resulting from (A) negligent conduct by any Third Party participating in Interac Online Payment and (B) any failure, error, malfunction, technical problem of our system or equipment or that of any Third Party Service Provider or any Third Party participating in Interac Online Payment.

    This means that a transaction is not an Unauthorized Transaction if you engage in any of the actions listed in Section 20(c) below. In addition, in no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary 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.

    (c) What is your responsibility - We are not responsible for and we will not reimburse you for losses to your Account(s) if:
    (i) you do not comply with any of your obligations under this Agreement including those in Part B, Section 14(Security) or you do not comply with any instructions we may provide to you in connection with Online Banking or Mobile Payments;
    (ii) you engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to Online Banking or Mobile Payments;
    (iii) you access Online Banking or Mobile Payments via an Electronic Access Device that you know or reasonably ought to know contains software that has the ability to reveal to anyone, or to otherwise compromise, any of your Passwords, Personal Verification Questions or an e-Transfer Question and Answer;
    (iv) you carry out a transaction, including if the transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us;
    (v) you choose to share any of your Passwords or Personal Verification Questions under Part B, Section 14(b) or Section 14(c) (Security); or (vi) you consent to, contribute to or authorize a transaction in any way.
  21. Suspension/Termination. We can terminate (either all or part of) this Agreement or suspend or terminate your access to any of the Services immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result from such suspension or termination. To terminate access to Online Banking and the applicable provisions of this Agreement, you can give us notice of termination through our Message Centre, or by telephone at 1-800-769-2511. To terminate access to Telephone Banking and the applicable provisions of this Agreement, you can give us notice of termination by telephone at 1-800-769-2511. 
  22. Records. Our records, including electronic records, and those of any of our affiliates or subsidiaries or any Third Party 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 and Images created using Mobile Cheque Deposit, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, 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.
  23. Software Application. The following terms apply if you download Software:
    (a) We grant to you a non-exclusive and non-transferable single-user (non-concurrent) license for the Software for individual use only. The license authorizes you to use the Software in object code format for the purpose of using Mobile Banking, accessing the Mobile Wallet and/or accessing any services, features, functionality, content and/or information made available by us using certain Electronic Access Devices.

    (b) We retain at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy, reproduce, transfer copies or reverse engineer the Software and not to disclose or distribute the Software to third parties. We have no obligation to provide any training, maintenance, or other assistance for the Software.

    (c) YOU ACCEPT THE SOFTWARE "AS IS" AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THIS AGREEMENT OR OTHERWISE.

    (d) We may end the terms relating to the Software in this Section 23 at any time on notice to you. On the ending of these terms, you will destroy or return all copies of the Software or of any documentation for it then in your possession. The grant of the license in this Section 23 may not be assigned by you unless agreed upon in writing by us.

    (e) By choosing to install Software such as our Apps on your Electronic Access Device for the purpose of accessing certain mobile services such as Mobile Banking and Mobile Payments:
    1. You consent to the installation of Software and any future updates or upgrades to the Software. You may withdraw your consent by deleting the Software from your Electronic Access Device. Our mailing address is RBC WaterPark Place, 16th Floor, 88 Queens Quay West, Toronto, ON M5J 0B8 | www.rbcroyalbank.com/mobile/; and
    2. You consent to and provide written acknowledgement of Software functions including accessing recipient information from your contact list for the e-Transfer Service, accessing your camera for Mobile Cheque Deposit and accessing your physical location for Find a Location. You can view a full list of Software functions here: http://www.rbcroyalbank.com/mobile/app-faqs.html?q=5.  To request removal or disabling of Software in the case of inaccuracy in the description of these functions, contact mobile.feedback@rbc.com.
    (f) We may use Third Party Service Providers to assist us in providing Software.  In such cases,

    1. YOU ACCEPT THE SOFTWARE “AS IS” AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE.  THIRD PARTY SERVICE PROVIDER WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THIS AGREEMENT OF OTHERWISE.
    2. In no event will Third Party Service Provider be liable for any loss of data, or any incidental, indirect, consequential, special, aggravated, punitive, 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 Third Party Service Provider has been advised of the possibility of such damages.
    3. In no event will Third Party Service Provider’s liability to you for all damages exceed the amount of fees paid, if any.
  24. Intellectual Property. We are the owner of all intellectual property rights subsisting on each website page in Online Banking and the Mobile Banking and Mobile Payments screens made available through our Apps. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on our Services are our property and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Online Banking activities, in accordance with the terms of this Agreement and as we may further instruct you. Nothing in this Agreement or on our Services is to be interpreted as conferring a right to use our works, trademarks or logos in any other way.
  25. Service Terms.  There may be Service Terms that are displayed (i)on website pages in Online Banking or on the Mobile Banking or Mobile Wallet screens in our Apps; or (ii) only when you click on information icons or links on website pages in Online Banking or on the Mobile Banking or Mobile Wallet screens in our Apps.
    You must access and read the Service Terms, and by using or accessing a Service or Third Party Service, you agree that the Service Terms apply to your use of or access to the applicable Services or Third Party Services, in addition to the terms and conditions of any applicable agreements.
  26. Severability. If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of this Agreement.
  27. Governing Law. This Agreement will be exclusively governed by the laws of the Province or Territory in which you live. If you live outside of Canada, this Agreement will be exclusively governed by the laws of the Province of Ontario. You and we agree that the courts of the Province or Territory specified above shall have exclusive jurisdiction over each of us for the determination of any matters arising out of this Agreement.
  28. 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. (Quebec only / Québec seulement).
  29. Conflict. If there is a conflict between a term in this Agreement and in any Other Agreement or between this Agreement and the Service Terms, the Other Agreement and the Service Terms, as applicable, will apply to the extent necessary to resolve the conflict.