- Definitions. In this Agreement the following terms will have the following meanings:
“Account” means any available account you may access from time to time using the Services;
“Activation Code” means the one-time activation code that we may give to you;
“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, Section 1 of this Agreement;
“Business Day” means any day excluding Saturday, Sunday or a statutory federal or provincial holiday in Canada;
“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;
“Electronic Access Device” means a personal computer, telephone, cell phone, smart phone, personal digital assistant, mobile device, wireless 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, 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;
“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;
“Message Centre” means our online communication centre located in Online Banking. It is where information may be securely communicated between you and us;
“Mobile Banking” means access to Online Banking using certain mobile devices through our websites that are specifically designed for mobile devices, or through the Software. Mobile Banking is part of Online Banking;
“Online Banking” means our online banking service. Online Banking includes Mobile Banking;
“Other Agreement” has the meaning given in Part A, Section 1 of this Agreement;
“Password” means a confidential combination of numbers and/or letters you select to identify you that you must provide to access the Services. The secret access code you use for Telephone Banking and the password you use for Online Banking are both examples of Passwords;
“Payment” means any payment, debit or transfer made using the Services, including an e-Transfer or Interac Online Payment;
“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;
“RBC Company” means Royal Bank of Canada and our subsidiaries and affiliates;
“Services” means the services and features that we offer through either or both of Online Banking and Telephone Banking and that may be accessed by an Electronic Access Device;
“Service Terms” has the meaning given in Part A, Section 1 of this Agreement;
“Software” has the meaning given in Part A, Section 22 of this Agreement;
“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 to whom you can make payments through the Services, other financial institutions, Account Providers, Aggregators, Issuers and any parties participating in Interac Online Payment or the e-Transfer Service;
“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 and your Accounts in one place;
“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. In the event that such 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;
“Unauthorized Transactions” has the meaning given in Part B, Section 19(b) of this Agreement;
“User name” 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 User name with your Password to access Online Banking; and
“You” and “your” mean the person who is enrolled to access the Services and “we”, “us” and “our” mean Royal Bank of Canada.
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.
Definitions that apply to the Aggregation Service only: When using the Aggregation Service, the following terms will have the following meanings:
“Account Provider” means a RBC Account Provider or a Non-RBC Account Provider;
“Aggregated Account” means an Available Account that you choose to be viewed via the Aggregation Service;
“Aggregation Service” means our account aggregation feature in Online Banking. It retrieves, consolidates, organizes and presents Aggregation Information to you to view;
“Available Accounts” means accounts held with us or any Third Party which we allow you to view via the Aggregation Service;
“Aggregation Information” means balance and transaction information regarding an Aggregated Account;
“Log-in Information” means any information that you must enter to access an Aggregated Account. It may include a client identification number, user name, access code or password;
“Non-RBC Account Provider” means any Third Party with which you have an Aggregated Account, except for one of our subsidiaries or affiliates; and
“RBC Account Provider” means any RBC Company with which you have an Aggregated Account.
Definitions that apply to the Document Presentment Service only: When using the Document Presentment Service, the following terms will have the following meanings:
“Document Information” has the meaning given in Part D, Section 2(a) of this Agreement;
“Document Presentment Service” means our 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”;
“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”;
“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 Enrollment” has the meaning given in Part D, Section 3 of this Agreement; and
“present”, “presentment” and “presented” mean a Document is made available to you to receive and view.
Definitions that apply to the e-Transfer Service only: When using the e-Transfer Service, the following terms will have the following meanings:
“Acxsys” means Acxsys Corporation, and includes its successors and assigns. It supplies services related to e-Transfer to us and other financial institutions participating in the e-Transfer Service;
“Sender” means a person, including you, who initiates an e-Transfer; and
“Recipient” means a person, including you, who is the intended recipient of an e-Transfer.
Definitions that apply to the myFinanceTracker Service only: When using the myFinanceTracker Service, the following terms will have the following meanings:
“Information” means balance and transaction information regarding accounts held at, and designated by, Royal Bank of Canada; and
“myFinanceTracker Service” means our personal financial management service feature in Online Banking, which retrieves, consolidates, organizes and presents Information for you to view.
- 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.
- 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.
- Notice. For Online Banking, 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.
- Use/Instructions. You must use your User name and Password to access Online Banking. You must use your client card number and Password to access Telephone Banking. You may also be required to answer your Personal Verification Questions. 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.
- Payments. You can only make a Payment from Accounts 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. Additional terms and conditions regarding any Payment may be provided in the Services and if you use the Services, you agree to these additional terms and conditions.
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.
- 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.
- Prohibitions on Use. You will not (i) provide untrue, inaccurate or incomplete information about yourself, your accounts with us or your accounts at other financial institutions; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose, or (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).
- 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.
- 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.
- Mobile Banking. If you use Mobile Banking:
(a) You must be enrolled in Online Banking in order to use Mobile Banking;
(b) You will 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, statements, and complete transaction and account information) and you must access Online Banking through a technology other than Mobile Banking on a regular basis to access such Online Banking services, features, functionality, content and information;
(c) There may be important terms and conditions that are displayed only when you click on information icons or links within Mobile Banking. You must access and read those terms and conditions, and by using Mobile Banking, those terms and conditions apply to your use of Mobile Banking, in addition to the terms and conditions of any applicable agreements; and
(d) Mobile Banking may not be available for use in locations outside of Canada and the United States.
- 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.
(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 13(a) are subject to the sole exception set out in Section 13(b) 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 set out in Part E, Section 7 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 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 or using the Third Party Account Aggregation Service; (iii) you are responsible to review the security and privacy standards 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) 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.
(d) For the Services, the security of your information depends on you using safe practices. You agree that when conducting transactions through 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 transaction. This includes making sure that other people cannot see your computer screen or key pad on your Electronic Access Device or cannot hear your call, as applicable. In addition, for Online Banking:
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 and close your browser 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; and
iv) You agree to implement and maintain safe computing practices which include, at least, up-to-date virus scanning software and a firewall system, if such security measures are available for your Electronic Access Device.
(e) You will notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in an Account.
(f) You agree to comply with any additional security requirements that we may require in connection with the Services.
- 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 an Electronic Access Device or for access to the Services, or fees to either a sender or a recipient of an e-Transfer.
- Third Parties. You understand and agree that:
(a) we may use Third Party Service Providers to provide or to help us provide the Services;
(b) other than our subsidiaries or affiliates, we do not sponsor or endorse nor are we affiliated or associated with any Third Party; and
(c) there are links from Online Banking to Third Party websites and online services and once you activate these links you leave Online Banking.
- 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.
- A) Liabilities - General. Subject to Section 19 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 or the Services, or
(ii) any instructions given to, by or purported to be given by you in connection with the 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 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. 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 (and no such 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 Log-In Information) given by you to us or to any Third Party Service Provider (including your failure to update ); and (ii) any data or information (including any Document) given 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 (including any system malfunctions or technical failures);
(d) any delay or inability to access or use the Services (including any charges such as late fees or additional interest you may have to pay to a Third Party);
(e) your failure to (i) receive or view a Document that has been presented to you, (ii) cancel your Issuer Enrollment as required under Part D, Section 3 (Enrollment), 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;
(f) any refusal to present Documents to you under Part D, Section 4 (Refusal to Present Documents);
(g) your leaving our website and linking to and from or using any Third Party’s website; or
(h) your failure to fulfill any of your obligations under this Agreement including those in Part B, Section 13 (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 for any claim, cost and liability we may incur 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, including Part B, Section 8 (Prohibitions on Use).
- Liabilities for Unauthorized Transactions - Online Banking Guarantee
(a) What does this section apply to - Notwithstanding Section 18 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.
(b) What is our responsibility - Subject to Section 19(c), and Part F, 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 (collectively, “Unauthorized Transactions”);
(i) transactions that occur after you notify us immediately as required in Part B, Section 13 (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 Providers 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 19(c) below. However, we will not, under any circumstances (even if we are negligent), 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 13 (Security) or you do not comply with any instructions we may provide to you in connection with Online Banking;
(ii) you engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to Online Banking;
(iii) you access Online Banking 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 with an Aggregator under Part B, Section 13(b) (Security); or
(vi) you consent to, contribute to or authorize a transaction in any way.
- 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. For Online Banking, you may terminate this Agreement by giving us notice of termination, (a) through our Message Centre, or (b) by telephone at 1-800-769-2511. For Telephone Banking, you may terminate this Agreement by giving us notice of termination by telephone at 1-800-769-2511. The termination will happen one (1) Business Day after we receive notice.
- 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 and the presentment, or receipt and viewing of Documents, 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.
- Software Application. The following terms apply if you download a software application that we offer to access any services, features, functionality, content and/or information made available by us using certain mobile devices (the “Software”):
(a) We grant to you a non-exclusive and non-transferable license for the Software. The license authorizes you to use the Software in object code format for the purpose of using Online Banking and/or accessing any services, features, functionality, content and/or information made available by us using certain mobile devices.
(b) We retain at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy 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 22 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 22 may not be assigned by you unless agreed upon in writing by us.
- Intellectual Property. We are the owner of all intellectual property rights subsisting on each website page in Online Banking. This includes website pages in the Mobile Banking Website. 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.
- 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.
- 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.
- 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).
- 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.