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Electronic Access Agreement | ||
Part A: Introduction. 1. About the Electronic Access Agreement. This Electronic Access Agreement, as amended from time to time (this “Agreement”), applies when you access or use the Services. It replaces all prior agreements between you and us for the Services. It does not replace any other agreement you have with a RBC Company (now or in the future) for any other product or service, including any consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information (“Other Agreement”). The Other Agreement still applies, including to any applicable product or service. This Agreement applies to the Services together with any terms, conditions or disclaimers provided in the Services (the “Service Terms”). You also agree to comply with all instructions we may give you in connection with accessing and using the Services. Part B: General Terms and Conditions 1. 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 or any other electronic device, including wireless devices, that we allow you to use to access the Services; “electronic means” has the meaning given in Part B, Section 7 of this Agreement; “EMT” means an Interac* Email Money Transfer sent or received through the EMT Service; “EMT Service” means the Interac Email Money 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; “EMT Question and Answer” means the security question and answer created by a Sender and used for verification purposes for the EMT 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 Website” means a website we have specially designed that you may use to access Online Banking through a mobile Electronic Access Device. This Mobile Banking Website has a selective view and functionality. “Online Banking” means our online banking service. It includes the access offered through our Mobile Banking Website; “Other Agreement” has the meaning given in Part A, Section 1 of this Agreement; “Password” means a combination of numbers and/or letters you select to identify you. You must provide your Password to access the Services. You must keep your Passwords confidential. 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 EMT 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; “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 EMT 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; “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 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; “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 EMT Service only: When using the EMT Service, the following terms will have the following meanings: “Acxsys” means Acxsys Corporation, and includes its successors and assigns. It supplies services related to EMT to us and other financial institutions participating in the EMT Service; “Sender” means a person, including you, who initiates an EMT; and “Recipient” means a person, including you, who is the intended recipient of an EMT. 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, 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 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. You acknowledge that after an instruction is given to us via the Services by you or purported to be given by you, it is final and we have no obligation to reverse it. 6. 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. You decide if you want to make a Payment to a Third Party using the Services. 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 agree to settle your dispute directly with that Third Party. 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) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose, or (ii) 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). 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 Website. We may provide you with access to Online Banking through the Mobile Banking Website. You understand that you will not have access through the Mobile Banking Website to all Online Banking features, functionality, content or information (including your Message Centre, notices, legal and privacy terms, links, bills, statements, and complete transaction and account information) and you agree to access Online Banking on a regular basis not using the Mobile Banking Website. You also understand that there may be important terms and conditions that are displayed only when you click on information icons or links. You agree to access and read those terms and conditions, and by using the Mobile Banking Website, those terms and conditions apply to your use of Online Banking. You also understand that a mobile Electronic Access Device may not allow you to view all features, functionality, content or information, and you agree to access Online Banking on a regular basis using an Electronic Access Device that does not have such limitations. 12. Entry of Activation Code. If we send you an Activation Code, you must enter the Activation Code in the way we tell you in order to have access to all of the features and functions of the Services. 13. 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 13(a) are subject to the sole exception set out in Section 13(b) below. You must select an EMT Question and Answer known only to the person intended to receive your EMT. You must not disclose an EMT Question and Answer to anyone other than the person intended to receive your EMT 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 EMT 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; and iii) You agree to implement and maintain safe computing practices which include, at least, the following security measures 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. 14. 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, 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 14 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 14, please feel free to contact your branch or call us toll free at 1-800 ROYAL1-1 (1-800-769-2511). Please see our online Privacy Policy for more details. 15. 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 carrier for access to a mobile Electronic Access Device or fees to either a sender or a recipient of an EMT. 16. 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. 17. 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. 18. 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
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 the Information); and (ii) any data or information (including Information or 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). 19. 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), 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”):
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:
This means that if you make any of your Passwords, Personal Verification Questions or an EMT Question and Answer available to someone (other than, in the case of an EMT Question and Answer, the intended recipient of the applicable EMT) and they conduct a transaction, that transaction will not be an Unauthorized Transaction. 20. Suspension/Termination. By Us: 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. By You: 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. If this Agreement (or any part of it) is terminated or your access to the Services is suspended or terminated by us, you must do everything you are required to do under this Agreement. 21. 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. 22. 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. 23. 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. 24. 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 jurisdiction over each us for the determination of any matters arising out of this Agreement. 25. 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). 26. 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. Part C: Aggregation - Terms and Conditions 1. Introduction. The terms and conditions of this Part C (i) apply only when you use the Aggregation Service; (ii) are in addition to the general terms and conditions set out in Part B of this Agreement; and (iii) replace all prior agreements between you and us for the Aggregation Service. If there is a conflict between this Part C and the general terms and conditions in Part B of this Agreement, this Part C will apply to the extent necessary to resolve the conflict. 2. Changes to Available Accounts. We can add or remove Available Accounts at any time. 3. Log-in Information for Non-RBC Account Providers. To access Aggregated Accounts of Non-RBC Account Providers, you must choose one of the following options regarding the use of your Log-in Information: (a) You can input your Log-in Information each and every time you want us to retrieve Information to be presented to you. Each time you provide Log-in Information to us in this manner, you direct and authorize us to access an Aggregated Account to retrieve, consolidate, organize and present Information to you, on your behalf, via the Aggregation Service; or (b) You can input your Log-in Information once for each Aggregated Account and it will be stored in encrypted form and used by us to comply with your instructions to retrieve Information to be presented to you. If your Log-in Information is stored in this form, you must update your Log-in Information as soon as it changes in order for us to retrieve the Information. If you do not update your Log-In Information, we will not be able to retrieve the Information. If you provide Log-in Information to us in this manner, you direct and authorize us to access an Aggregated Account to retrieve, consolidate, organize and present Information to you, on your behalf, via the Aggregation Service. You understand that certain Non-RBC Account Providers may not allow the disclosure of Log-in Information or not reimburse you for any losses if you disclose Log-in Information. It is your responsibility to review your agreements with Non-RBC Account Providers to determine whether disclosure to another party that offers electronic account aggregation services is allowed, what the consequences of such disclosure may be and your liability in connection with such disclosure. 4. Log-in Information for RBC Account Providers. To access Aggregated Accounts of some RBC Account Providers, you must input your Log-In Information when you first sign up for Account Aggregation for that account. Your Log-In Information will be stored in encrypted form and used by us to comply with your instructions to retrieve Information to be presented to you. If your Log-in Information is stored in this form, you must update your Log-in Information as soon as it changes in order for us to retrieve the Information. If you do not update your Log-In Information, we will not be able to retrieve the Information. If you provide Log-in Information to us in this manner, you direct and authorize us to access an Aggregated Account to retrieve, consolidate, organize and present Information to you, on your behalf, via the Aggregation Service. 5. Access to Aggregated Accounts. (a) You authorize and direct us to do, on your behalf, all things necessary to provide the Aggregation Service to you and to retrieve, consolidate, organize and present Information to you, which may include visiting the website of an Account Provider and providing your Log-in Information or other information required to access, retrieve and download Information. You confirm to us you have the right to give us this authorization and direction. (b) You understand and agree that (i) the Information is prepared by Account Providers; (ii) we are not responsible for the timeliness, completeness or accuracy of the Information, other than Information from Aggregated Accounts held with us; (iii) the Information continues to be subject to any terms or conditions imposed by Account Providers; and (iv) you must access the website or online service of the Account Provider to view any information or content, other than Information, including any notices, disclosures or disclaimers. 6. Updating Aggregated Accounts. You must take the necessary steps to initiate an update of the Information held by a Non-RBC Account Provider. We do not automatically update Aggregated Accounts of Non-RBC Account Providers. 7. Account Providers. When you use the Aggregation Service, we are acting on your behalf, and not on behalf of an Account Provider. You acknowledge that a Non-RBC Account Provider may not have consented to, and may not have knowledge of, the access to its accounts as Aggregated Accounts. 8. Message Centres. If you use the Aggregation Service for some RBC Account Providers, we may connect your online message centres. This means that we may provide you with access to the online message centres of such companies in Online Banking, and that such companies will provide you with access to your Online Banking Message Centre in their online services. Part D: Document Presentment - Terms and Conditions 1. Introduction. The terms and conditions of this Part D (i) apply only when you enroll and use the Document Presentment Service; (ii) are in addition to the general terms and conditions in Part B of this Agreement; and (iii) replace all prior agreements between you and us for the Document Presentment Service (or any prior document presentment service). If there is a conflict between this Part D and the general terms and conditions in Part B of this Agreement, this Part D will apply to the extent necessary to resolve the conflict. 2. Use of and Disclosure of Information. Except as varied by Section 2(a) below, the consents and authorizations contained in this Section 2 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 personal information. (a) You authorize us to collect, use and disclose any personal information about you contained in a Document that has not otherwise been disclosed by you to us (“Document Information”) for the following purposes only: (i) to use Document Information to provide the Document Presentment Service to you and to make payments to Issuers using the Services; (ii) to share Document Information with any Third Party Service Provider for the purpose of providing or assisting us in providing the Document Presentment Service to you; (iii) to prepare the reports described in paragraph (c) of this Section; and (iv) to comply with valid requests for information about you from regulators and other persons who have a right to issue such requests. (b) You authorize us (i) to share personal information about you, including your name and address, with Issuers, as is required for Issuer Enrollment if we help with Issuer Enrollment; and (ii) to disclose to Issuers information regarding whether or not a Document has been presented to you, or received or viewed by you; and (c) You also authorize any Third Party Service Provider who works with or for us in providing you with the Document Presentment Service to use information about you, including Document Information, for preparing, using and distributing statistical, profiling, performance or operation reports and other information and reports about the Document Presentment Service and your use of the Document Presentment Service, provided that if such reports are distributed to a participant in the Document Presentment Service other than us or any Issuer that you have enrolled with, the information contained in all such reports will not be attributable to you. 3. Enrollment. In addition to enrolling to use the Document Presentment Service, you must enroll separately with each Issuer (“Issuer Enrollment”). The Issuers are responsible for Issuer Enrollment even if we help with the Issuer Enrollment. You are responsible for maintaining your Issuer Enrollment with any Issuer. You must make sure that the information required by your Issuer to present Documents to you is accurate. You understand that you must cancel your Issuer Enrollment if (i) you no longer want to or cannot receive or view Documents from Issuers via the Document Presentment Service for whatever reason, including, if your use of the Document Presentment Service is suspended or terminated, or (ii) you want or need to have Documents delivered to you in a different manner. We will not cancel any Issuer Enrollment on your behalf. If you do not cancel such enrollment, an Issuer may continue to present Documents to you via the Document Presentment Service and not via any other channels. 4. Refusal to Present Documents. We can refuse to present Documents through the Document Presentment Service at any time if (i) it may affect how the Document Presentment Service works, (ii) you breach this Agreement, (iii) the Documents are from a person who is not an Issuer, (iv) access to the Documents or Issuers has been blocked or the Documents or Issuers have been removed from the Document Presentment Service, or (v) the Document is provided in an unacceptable format. 5. Receipt of Documents. You understand and agree that: (a) you must take all steps necessary to make sure that you can receive and view a Document (including maintaining your Issuer Enrollment and all information required by that Issuer to present Documents) even if you are receiving notification from us that Documents are being presented to you through the Document Presentment Service; (b) we do not have to notify you that a Document has been presented and is available for you to receive and view despite the fact that we may previously have notified you. Even if we agree to notify you, we may stop notifying you at any time with prior notice to you; and (c) you must access the Document Presentment Service to receive and view Documents presented to you via the Document Presentment Service on at least a monthly basis, and more frequently depending on the requirements of your Issuer, and we will not be responsible for notifying the Issuer if any Document has not been presented to you on time. 6. Document Retention. You are responsible for keeping a record of activity using the Document Presentment Service and for retaining copies of all Documents. Issuers will retain Documents for a maximum of seven (7) years but such record retention is solely at the discretion of the Issuer. The Issuer may discontinue such record retention at any time without notice. 7. Questions/Complaints/Disputes. If you have a question or complaint with respect to a Document, you will contact the Issuer who presented the Document to you and not us or a Third Party Service Provider. If you have a dispute with any Issuer, you will direct your claim and settle your dispute directly with that Issuer. Third Party Service Providers used to provide the Document Presentment Service will not respond directly to you about any inquiries, complaints, questions or other issues you have relating to the Document Presentment Services other than to tell you to contact us or the relevant Issuer. Part E: EMT - Terms and Conditions 1. Introduction. The terms and conditions of this Part E (i) apply only when you use the EMT Service, either as a Sender or as a Recipient; (ii) are in addition to the general terms and conditions in Part B of this Agreement; and (iii) replace all prior agreements between you and us for the EMT Service. If there is a conflict between this Part E and the general terms and conditions in Part B of this Agreement, this Part E will apply to the extent necessary to resolve the conflict. 2. Initiating an EMT. After you initiate an EMT using the EMT Service, we will withdraw the EMT amount from your Account and send an email notice to the Recipient at the email address that you provide. The email notice will identify you as the Sender, and disclose your email address, the EMT amount, the name of the Recipient, and that you are using the EMT Service. We will hold the value of the EMT until we receive notice that (i) the Recipient has correctly responded to the EMT Question and Answer and claimed the EMT or (ii) you cancel and reclaim the EMT. 3. No Interest. We will not pay interest on the EMT amount to any Sender or Recipient, including on an EMT amount sent by you for the period the EMT amount was not in your Account. 4. Claiming or Declining an EMT. (a) A Recipient of an EMT may claim or decline the EMT using Online Banking, the online banking services of another financial institution, or the Acxsys payment service. Other financial institutions or Acxsys may charge an additional fee if a Recipient uses its services. (b) To claim or decline an EMT, the Recipient must respond correctly to the EMT Question and Answer. (c) A Recipient who successfully claims an EMT using our Online Banking or the online banking service of another financial institution should generally receive funds immediately. A Recipient who successfully claims an EMT using the Acxsys payment service should generally receive funds within 3 to 5 Business Days. However, the actual time to receive funds through either process will vary and may take significantly longer depending on the circumstances. We make no representations or warranties regarding the maximum time required to complete an EMT. (d) A Recipient has 30 days from the time an EMT is sent through the EMT Service to claim the EMT amount, after which the EMT will automatically expire. An EMT sent from another financial institution will also expire after a certain period of time. 5. Cancelling an EMT. (a) A Sender may cancel an EMT sent using the EMT Service unless the Recipient has successfully claimed the EMT. (b) As a Recipient of an EMT using Online Banking, you agree that an EMT may be stopped at any time by the Sender before you have claimed the EMT. 6. Declined, Cancelled or Expired EMT. If you send an EMT using the EMT Service that is declined, cancelled or that automatically expired, we may attempt to redeposit the value of such EMT into the Account from which the funds originated or, at our sole discretion, either deposit the value of such EMT into another one of your Accounts or hold the funds in one of our branches. 7. We Are Entitled to Rely on an EMT Question and Answer. We, other financial institutions participating in the EMT Service and Acxsys are entitled to pay an EMT to anyone who, using Online Banking, the online banking service of another financial institution, or the Acxsys website, claims the EMT and correctly responds to the EMT Question and Answer, whether or not the Sender intended that person to receive the EMT. You will comply with your security obligations under Part B, Section 13 (Security) of this Agreement and will not use your email or any optional message that may accompany the EMT to send the Recipient the EMT Question and Answer. If you are a Recipient, you agree that you will not disclose the EMT Question and Answer to anyone. 8. Acxsys. If a Recipient claims an EMT from a Sender using the Acxsys payment service but provides information for Acxsys which is insufficient or incorrect, Acxsys may (i) request additional or corrected information from the Recipient, (ii) deposit the money directly into an account provided by the Recipient to Acxsys, or (iii) send a cheque for the EMT amount to the Recipient at the street address provided by the Recipient to Acxsys. If the Recipient fails to cash a cheque sent by Acxsys within a time limit set by Acxsys, Acxsys may return the EMT to us. We will return the EMT, less any fees charged by Acxsys, to the Sender. 9. Providing the Email Address of a Recipient. If you send an EMT using the EMT Service, you are responsible for providing a correct and operational email address for the Recipient and for notifying us promptly of any change to the email address of the Recipient. 10. Optional Message Field. We will not examine any optional message included by a Sender with an EMT and we assume no responsibility for the contents of the optional message. You should not address any communication to us, any other financial institution, or Acxsys, using the optional message field. You should not reveal any EMT Question and Answer in the optional message field. 11. Status of EMT. You are responsible for reviewing the status of any EMT you send using the EMT Service by checking your payment history in Online Banking. 12. Limits. A Third Party may set access limits, including the amount of money you are allowed to send or receive when you use the EMT Service. | ||