Terms of use – AccèsD Internet

Terms of use – AccèsD Internet

1. DEFINITIONS
In these terms of use, the following terms and conditions mean:
– AccèsD Internet Service: service offered via a computer or smartphone, making it possible for users to carry out transactions as defined in the present Terms of Use.
– Access code: access code consisting of information shown on a card.
– Authorized transit: amount set by the caisse and up to which it accepts to refrain from withholding funds for negotiated instruments.
– Business day: in Ontario, a working day generally allocated to business operations or professional activities, as opposed to a day off or a statutory holiday.
– Caisse: the caisse(s), if applicable, of which the cardholder is a member1. 
– Canadian financial institution: any Canadian financial institution other than a caisse or subsidiary as defined in this document.
– Card: Access Card issued by a caisse affiliated with L’ACPOL.
– Cardholder: person who has obtained a card.
– Confirmation number: number issued by AccèsD Internet Service that confirms a transaction carried out by the user.
– Daily limits: maximum limits for daily folio withdrawals made via AccèsD Internet Service.
– Issuing caisse: caisse whose name appears on the card.
– L’ACPOL: L’Alliance des caisses populaires de l’Ontario limitée
– Password: the user’s personal and confidential password.
– Personal phrase and image: phrase and image specific to the user that is shown each time he/she logs on to an AccèsD Internet session to carry out transactions.
– Personal questions: three questions chosen by the user, the answers to which are specific to, and known only by, the user. The user may be asked any of these questions when logging on to an AccèsD Internet session.
– Personal representative (ON): understood to be an attorney, mandatary, tutor to property, legal tutor or executor of the estate.
– Subsidiary: corporation controlled by L’ACPOL when the Federation holds, directly or indirectly, more than 50% of the voting rights on shares in the corporation, or can elect the majority of its directors, and, for the sole purpose of lightening the text, subsidiary also designates L’ACPOL.
– Unauthorized transaction: transaction carried out after i) the user has reported that another person may have knowledge of his/her password, ii) the user was obliged, under threat, to divulge his/her access code and password to a third party, on condition that he/she file a police complaint, that he/she inform L’ACPOL immediately and that he/she collaborate with any future investigation; or iii) the user’s access code and password has been appropriated or stolen without his/her knowledge.
– User: cardholder who uses AccèsD Internet Service.

2. RESPECTING TERMS OF USE
2.1 – The user acknowledges having in his/her possession one or several cards, as he/she wishes.
2.2 – If the user has several cards linked to each of the folios that have been assigned to him/her, in one or several caisses of which he/she is a member, he/she acknowledges that, unless he/she indicates otherwise, each individual card provides access, via AccèsD Internet Service, to all folios and accounts he/she holds in one or several caisses or subsidiaries.
2.3 – He/she also acknowledges that the use of AccèsD Internet Service, as well as transactions carried out within it, are subject to conditions and regulations periodically enacted by the caisse or subsidiary, which he/she accepts and agrees to respect, including the terms and conditions set forth hereafter.

3. TRANSACTIONS CARRIED OUT USING ACCÈSD INTERNET SERVICE
3.1 – The user acknowledges that his/her personal phrase, image and questions are security measures required to verify his/her identity, as well as that of AccèsD Internet Service, and that any attempt to log on to an AccèsD Internet session must be discontinued if his/her individual phrase or image are not shown on the monitor.
3.2 – He/she also acknowledges that use of one of his/her access codes, with the password linked to it, is equivalent to his/her authentic signature and allows him/her to carry out various transactions at the caisse or subsidiary via AccèsD Internet Service (e.g. access to information, bill payments, transfers, line of credit payments, purchase of financial products and services).

4. TRANSACTIONS CARRIED OUT BY A LEGAL REPRESENTATIVE2
When the user is the legal representative of a member, or of a client of a subsidiary, the member or subsidiary client authorizes his/her legal representative to carry out all the transactions that are available to him/her through AccèsD Internet Service, and thus assumes total responsibility for all transactions carried out by his/her legal representative using the Service.

5. INTER-INSTITUTION TRANSFERS
Only those accounts that require one signature, are in Canadian currency and are held by the member in a Canadian financial institution may be included in a member’s file. The user agrees that funds from an inter-institution transfer may be subjected to a 0- to 7-day freeze, depending on the authorized transit granted to the member by the caisse where the funds were deposited. As such, the caisse may hold these funds while awaiting final payment from the Canadian financial institution where the withdrawal was made.

6. INTER-CURRENCY TRANSFERS
6.1 – The user agrees and acknowledges that the exchange rate applied to an inter-currency transfer is the exchange rate determined by Caisse centrale Desjardins and in force at the time when he/she confirms the transaction for the last time and a confirmation number is assigned to the transaction.
6.2 – The user agrees and acknowledges that prior to 8:00 a.m. and after 4:30 p.m. on business days and on Saturdays, Sundays and holidays, the exchange rate applied to an inter-currency transfer may be adjusted upwards or downwards by Caisse centrale Desjardins, at its sole discretion, and that as a result, the exchange rate may be less advantageous for the user.
6.3 – The user acknowledges that an inter-currency transfer can be cancelled only by an offsetting transaction. If an inter-currency transfer must be reversed, for whatever reason, the user agrees and acknowledges that the exchange rate then applicable will differ from the one initially used to make the inter-currency transfer. The user agrees to assume any risk associated with exchange rate changes as well as any direct or indirect loss arising from such transaction. The user therefore relieves the caisse of all liability in this matter.

7. INTERNATIONAL MONEY TRANSFERS
7.1 – The user agrees and acknowledges that he/she is solely responsible for international money transfers made on an account using the International Money Transfer feature via the AccèsD Internet Service.
7.2 – The user agrees and acknowledges that transactions related to international money transfers, particularly foreign exchange transactions, involve risks, including a risk of loss due to foreign exchange fluctuations.
7.3 – The user agrees and acknowledges that the execution of some transactions covered hereunder or stemming herefrom may be entrusted by the caisse to a third party, including Caisse centrale Desjardins and, in this capacity, for the transactions entrusted to it, this agent is bound to the same obligations and benefits from the same waivers of liability as the caisse.
7.4 – The user agrees and acknowledges that the exchange rate applicable to an international money transfer is the exchange rate determined by Caisse centrale Desjardins and in force at the time the user confirms the transaction and a confirmation number is issued for that transaction.
7.5 – Notwithstanding section 7.4 herein, the user agrees and acknowledges that prior to 8:00 a.m. and after 4:30 p.m. on business days and on Saturdays, Sundays and holidays, the exchange rate applied to an international money transfer may be adjusted upwards or downwards by Caisse centrale Desjardins, at its sole discretion, and that as a result, the exchange rate may be less advantageous for the user.
7.6 – The user agrees that the caisse and its correspondents reserve the right to use the services of financial institutions and correspondents (hereinafter referred to as “intermediaries”) to make international money transfers, but that they cannot be held responsible for any delay or error in transmission or for any action beyond their control, including acts or omissions by correspondents, agencies or subsidiaries acting as agents.
7.7 – The user undertakes, if applicable, to pay the fees displayed on screen at the time of any international money transfer. The user agrees to have these fees and the converted amount of the international money transfer, if applicable, debited by the caisse at the time he/she confirms the transaction and a confirmation number is assigned to said transaction, directly from the USD or CAD account indicated by the user.
7.8 – The user agrees and acknowledges that the recipient may be charged fees by intermediaries to carry out the international money transfer, and that these may be deducted from the amount sent. He/she acknowledges that the caisse has no control over these fees.
7.9 – The user also acknowledges that the caisse has no control over the exchange rates applied by the recipient’s financial institution when said financial institution is required to perform a currency conversion. The user relieves the caisse of all liability for any direct or indirect loss resulting from such a conversion.
7.10 – The user is solely responsible for any error made during the preparation and transmission of his/her instructions regarding an international money transfer. The caisse can therefore not be held liable for any error arising from incorrect or incomplete information provided by the user.
7.11 – Notwithstanding section 16 herein, the user agrees that international money transfers will be made according to the following terms and conditions:
Monday through Friday from 8:30 a.m. to 5:30 p.m., and this provided the international money transfer is carried out on a business day; if the international money transfer is not carried out on a business day, for example, a Canadian statutory holiday, it is processed on the next business day.
7.12 – The user agrees that, regardless of the processing time associated with the option selected for the international money transfer, processing times may vary for reasons beyond the caisse’s control and it therefore cannot be held liable for any damage or any direct or indirect loss arising from such a delay.
7.13 – If the international money transfer cannot be delivered to the recipient for reasons beyond the caisse’s or the intermediaries’ control, the funds may be returned by the recipient’s financial institution. The user agrees that fees may be debited from the amount returned by the recipient’s financial institution. The user may request an investigation, via the AccèsD Internet Service, if the funds have not been received by the recipient.
7.14 – The user acknowledges that any tracing request involving an international money transfer must be made using the form designated for that purpose through the AccèsD Internet Service and agrees to pay all fees related to this request.
7.15 – The user acknowledges that a transaction limit applies to international money transfers made using the AccèsD Internet Service. This daily limit is the lowest of the following three limits:

  • limit identified in the user’s file at his/her caisse;
  • limit authorized by the destination country;
  • limit authorized by Desjardins security services (excluding Desjardins Bank in Florida).

These limits are subject to change without notice. The user will be informed of the applicable limit at the time he/she makes the international money transfer.
7.16 – The user acknowledges that, notwithstanding section 7.11, an international money transfer that is confirmed by the user and for which a confirmation number has been issued is presumed to have been processed and sent and that therefore said international money transfer cannot be cancelled or modified.
7.17 – In the circumstances prescribed in sections 7.13, 7.14 and 7.16 for returned international money transfers, for whatever reason, the user agrees and acknowledges that the applicable exchange rate may differ from the one initially used to make the international money transfer. The user agrees to assume any risk associated with exchange rate fluctuations as well as any direct or indirect loss arising from such a transaction. The user therefore relieves the caisse of all liability in this matter.

8. ALERT SERVICE
8.1 – When the user uses the Alert service, he/she agrees and acknowledges that incoming text message fees and any fees related to reading e-mail on the Internet are his/her responsibility. The user acknowledges that the caisse is not liable for any loss or damage he/she may incur due to errors made while entering delivery settings or if he/she neglects to modify them in a timely manner. Moreover, the caisse cannot be held liable for any loss the user may incur if, despite alerts sent to him/her, he/she does not take appropriate measures in a timely manner.
8.2 – The caisse is also not responsible for any text message transmission or delivery error made by the user’s mobile or Internet service provider. The user is responsible for protecting the privacy of alerts sent to him/her.

9. STOP PAYMENT
9.1 – The user understands and acknowledges that a stop payment may not be placed on a cheque or pre-authorized payment that has already been paid and debited from his or her account.
9.2 – Stop payments on pre-authorized payments or any modification to such a stop payment must be made before 5:00 p.m. on the date the payment is to be processed. Stop payments on cheques can be made at any time.
9.3 – The user agrees that the stop payment fees be debited from the account on which the cheque is drawn or from which the pre-authorized payment is paid. The user understands that if the account balance is too low to cover these fees, the stop payment will not be made.
9.4 – Stop payments cannot be made on loan payments for any loan whatsoever held at a caisse.
9.5 – Unless the user revokes it, a stop payment on a cheque remains in effect for a maximum period of 190 days from the date the cheque was issued, and a stop payment on a pre-authorized payment remains in effect for a maximum period of 372 days from the date the stop payment order was placed.
9.6 – Unless deleted by the user or caisse, stop payment orders placed by the user remain visible on AccèsD Internet for a maximum period of 190 days from the date the cheque was issued, and 372 days from the date the stop payment order on a pre-authorized payment was placed. The user is responsible for verifying that a stop payment has been processed according to his or her instructions before deleting it.
9.7 – The user acknowledges that the caisse cannot be held liable for any loss or damage that he or she may suffer as a result of an error made when entering the information about the stop payment to be made, or due to the fact that the information entered was incomplete.
9.8 – The user releases the caisse from any liability it might incur by stopping payment on a cheque or pre-authorized payment on which the user has placed a stop payment order.
9.9 – The user acknowledges that the caisse cannot be held liable in the event the payment is made despite the stop payment order placed via AccèsD Internet, unless the payment results from gross negligence on the part of the caisse.
9.10 – For pre-authorized payments, these terms of use do not in any way affect the cancellation rules applicable to pre-authorized debits made in compliance with the Canadian Payments Association Rule H1. The user must refer to the Payor’s PAD Agreement signed with the product and services provider to find out his or her rights or visit www.cdnpay.ca.

10. CARD OWNERSHIP
Each card remains the property of the issuing caisse and may not be transferred to a third party. On request, cards must be returned to the issuing caisse, which may also retain or cancel them

11. LOST OR STOLEN CARDS
As soon as a user becomes aware of the loss or theft of a card, he/she agrees to notify the issuing caisse or 1 866 779-COOP.

12. PASSWORD CONFIDENTIALITY
12.1 – The caisse will allocate one initial password per card which the user must change the first time he/she uses the card(s). The user agrees not to choose a password that may be easily discovered (e.g. date of birth, address, postal code, social insurance number, health insurance number or driver’s licence number); otherwise, it shall be presumed that he/she contributed to the unauthorized use of the corresponding card, if applicable.
12.2 – The user agrees not to divulge any of his/her passwords to anyone, in any way whatsoever, and not to write them on any of his/her cards nor on any other document that may be easily consulted, in which case it shall be presumed that he/she contributed to the unauthorized use of his/her card and shall be held liable, if applicable, for any transactions carried out in violation of an agreement concluded with him/her, or for any fraudulent act related to his/her rights, up to the daily withdrawal limits.
12.3 – Should the user become aware of the loss of confidentiality of his/her password(s) or suspect that a password is known by a third party, he/she agrees to change the password(s) immediately; otherwise, he/she shall be held liable for any damage(s) occurring as the result of any transactions carried out with this password.

13. CONFIDENTIALITY OF PERSONAL PHRASE, IMAGE AND QUESTIONS
13.1 – To configure his/her new security settings and log onto an AccèsD Internet session, the user must choose a personal phrase, then memorize the image randomly assigned to him/her. The user may later change this image. The user must also choose three personal questions and answer them. For the purpose of this document, the personal phrase, image, questions and answers are collectively known as “authentication elements.”
13.2 – The user agrees not to divulge any of his/her authentication elements to anyone, in any way whatsoever, nor to write them on any document that may be easily consulted, nor leave them near any accessible device; otherwise, he/she shall be held liable, including for any transactions carried out in violation of an agreement concluded with him/her, or for any fraudulent act relating to his/her rights, up to the daily withdrawal limits.
13.3 – If, while connecting to the AccèsD Internet Service, or to a service that the user believes to be the AccèsD Internet Service, the user notices that his/her personal phrase or image is not displayed, he/she agrees not to continue the connection process, nor to enter his/her password, and to inform the AccèsD Internet Service at 1 866 779-COOP.
13.4 – Should the user become aware of the loss of confidentiality of any of his/her authentication elements, or suspect that these elements are known by a third party, he/she agrees to change the elements immediately; otherwise, he/she shall be held liable for any damages occurring as the result of any transactions carried out via the AccèsD Internet Service following a session opened using these authentication elements.

14. FEES AND LIMITS
14.1 – The user agrees that any transactions that are carried out using AccèsD Internet Service are subject to fees and daily withdrawal limits. The caisse shall communicate the nature of these fees upon request and may change them at any time. Where applicable, the user authorizes the caisse to deduct fees from his/her accounts. The user may have the caisse change his/her daily withdrawal limits.
14.2 – The user also accepts that transactions that are carried out at a subsidiary via AccèsD Internet Service are subject to fees. The subsidiary shall communicate these fees upon request and may change them at any time.
14.3 – A user’s use of AccèsD Internet Service shall indicate his/her acceptance of changes to the fees and conditions as decreed by the caisse and/or subsidiary.

15. TRANSACTION CONFIRMATION
15.1 – The user acknowledges that the confirmation number issued by the AccèsD Internet Service constitutes proof that the transaction that he/she carried out was recorded correctly.
15.2 – Neither the caisse nor the subsidiary is obligated to provide other proof of the transaction, unless the user requires it to prevent or settle a dispute and, in this case, he/she shall provide the caisse or subsidiary with the transaction confirmation number. The user then accepts that the magnetic strip, or its equivalent, on which data relating to the transactions carried out have been recorded, constitutes written proof sufficient for any legal proceeding.
15.3 – Lastly, the user acknowledges that any cheque or account statement sent to L’ACPOL for the purposes of registering the user for the inter-institution transfer feature has the same value as an original document sent by post, or hand delivered, and is admissible as proof in any legal proceeding as if it were the original document.

16. TRANSACTION PROCESSING HOURS
The user accepts that the transactions carried out at a caisse using AccèsD Internet Service shall be processed as follows3:

  • from Monday to Thursday before 9:30 p.m.: on the same day;
  • from Monday to Thursday after 9:30 p.m.: dated the following day;
  • from Friday to Saturday before 6:30 p.m.: dated Friday’s date;
  • from Saturday after 6:30 p.m. to Sunday inclusively: dated Monday’s date.

17. TRANSACTION ACCURACY
17.1 – The user accepts that the accuracy of transactions carried out using AccèsD Internet Service is subject to verification and he/she authorizes the caisse or the subsidiary to proceed with any rectification of the accounts accessible via AccèsD Internet Service, in the event of an inaccuracy or error, within ten (10) business days following such transactions. The user accepts, in addition, that the accuracy of transactions carried out at a subsidiary via AccèsD Internet Service is subject to verification and agrees that the subsidiary may, in the event of an inaccuracy or error, correct these transactions within ten (10) business days of said transactions.
17.2 – The user agrees to promptly verify all entries in his/her passbook or account statement and to notify the caisse of any errors, omissions, mistakes or other irregularities within thirty (30) days of updating his/her passbook or receiving his/her account statement. Online statements are deemed to have been received the day after the end of the statement period.

18. CONFIDENTIALITY
Neither the caisse nor a subsidiary can ensure the confidential nature of transactions carried out by the user if he/she uses a non-secure device to perform them.

19. E-MAIL ADDRESS AND TEXT MESSAGES
If the user must provide his/her e-mail address or other contact information to access or to use certain AccèsD Internet features (e.g. to receive text messages), this information is used by the caisse only to effectively provide the feature and, subject to applicable laws and prior consent of the user, is never shared with third parties.

20. DISPUTE SETTLEMENT
20.1 – The user may, in the event of a dispute in connection with the use of AccèsD Internet Service, have recourse to a dispute settlement procedure, information for which may be obtained upon request at the caisse or the subsidiary concerned, or by calling 1 866 779-COOP.
20.2 – Furthermore, he/she accepts that any problem related to services provided and paid for using AccèsD Internet Service is to be settled directly with the subsidiary concerned and that the caisse is free of any responsibility in this respect (e.g. interest, penalties).

21. LIABILITY
21.1 – The user recognizes that neither the caisse nor the subsidiary can be held responsible for damages, including monetary losses, arising from the unavailability of AccèsD Internet Service, including the inability to display the authentication elements, misuse, or any other interruption of AccèsD Internet Service that may be caused by actions beyond the control of the caisse or subsidiary, including labour disputes and equipment failure. However, the user shall not be held responsible for monetary losses resulting from technical malfunctions of the caisse computer system.
21.2 – Subject to sections 12 and 13 of these terms and conditions, when unauthorized transactions are carried out using AccèsD Internet Service, the user shall not be held liable for those transactions.
21.3 – The user agrees to notify the caisse or subsidiary of any changes to his/her personal information that could affect the transactions carried out via AccèsD Internet Service (e.g. address, phone number, or client number, in the case of a supplier of services or products). The user acknowledges that the caisse or subsidiary cannot be held responsible for damages ensuing from his/her failure to provide updated information, such as interest charges or fees sent to the user by a supplier of products or services.

22. OTHER AGREEMENTS
The user acknowledges that his/her relationship with the caisse and/or the subsidiaries may be governed by other agreements to which they may be party. In the event of a discrepancy between those agreements and these terms, these terms shall prevail.

23. CHANGES TO THE PRESENT TERMS
23.1 – The user acknowledges that the issuing caisse may, unilaterally and without prior notice, change these present terms and provide notification of that fact by means of a notice in the message box. The user may obtain a copy of said notice or of the revised terms upon request at the issuing caisse.
23.2 – Transactions carried out by the user by means of AccèsD Internet Service after changes to or after receipt of the Terms of Use for AccèsD Internet Service constitutes acceptance of those changes and Terms of Use.

24. NOTICE
With the exception of notices that must be sent in accordance with section 20.2, any notice needing to be sent to the caisse in accordance with the terms of this agreement may also be communicated by calling 1 866 779-COOP.

25. WITHDRAWAL FROM/OF ACCÈSD INTERNET SERVICE
The user may withdraw from AccèsD Internet Service and terminate this agreement at any time by contacting the issuing caisse. The caisse may also withdraw service from the user and terminate this agreement at any time, temporarily or definitively, in which case it will not be held responsible for any losses resulting from this action.

1. If the user is the personal representative (ON) of a member, “caisse” is understood to mean the member’s caisse.
2. Personal representative for Ontario residents
3. With the exception of stop payments on cheques, pre-authorized withdrawals and certain bill payments made at an ATM.