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Electronic Services Agreement - Terms & Conditions


Definitions​
Use of the Electronic Services
Limitations
Bill Payments Made through the Electronic Services
Access to Electronic Services by a Mobile Device
Interac e-Transfers
Mobile Payment Service
Confidentiality of Password
Transaction Verification and Records
Tax-Free Savings Account (TFSA) and Registered Retirement Savings Plan (RRSPs)
Service Fees
Transaction Processing
Member's Liability
Consent to Receive Electronic Documents
Termination
Changes to Agreement
Other Agreements
Execution
General

In exchange for Meridian Credit Union Limited (“Meridian”) permitting me to use the Electronic Services, I agree as follows:

 

1. Definitions

Account” means any account under any membership held by the Member with Meridian;

Electronic Services” means all of the services available through the use of Equipment and application software, in combination with the Password, and includes Telephone Service and Internet Services;

Equipment” means the equipment, such as a land-line telephone, personal computer, or Mobile Device, which, when used with software (where applicable) and the Password, permit access to the Electronic Services;

Interac e-Transfers” means the service provided by Interac and offered to
Members as a part of Meridian’s Electronic Services. This service allows
Members to send and receive money to another person provided they hold a
Canadian dollar account with another Canadian financial institution;

Internet Services” means the Electronic Services accessible through the use of Equipment, other than a land-line telephone or the telephonic function of a Mobile Device;

Mobile Device” means a Mobile Device that permits data and/or text messaging and which may or may not feature a telephonic function;

"Mobile Network Operator" means a telecommunications service provider that supplies wireless voice and data communication services to its subscribers. 

“​Mobile Payment Service” means the service that allows Meridian Debit Card holders to perform Point-of-Sale transactions using a Mobile Device. 

“​Passcode” means a 6-12 digit numeric code chosen by the Member for their sole use, which, when used with the Mobile Payment Service, is used to authenticate the Member's identity and authorize transactions. 

Password” means an alphanumeric code assigned to or chosen by the Member for the Member’s use, which, when used with software (as applicable) and Equipment, permits access to the Electronic Services;

Signing Authority” means any person authorized to sign on an Account;

Telephone Services” means the Electronic Services made available through the use of a land-line telephone or the telephonic function of a Mobile Device;

Transaction” means any transaction performed using any of the Electronic Services;

 

2. Use of the Electronic Services 

I acknowledge that I may use the Electronic Services to access any permitted Account and to conduct Transactions as may be permitted by Meridian with respect to any such Account. When using the Electronic Services, I acknowledge that I will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction. I agree to follow the instructions of Meridian in effect from time to time with respect to the use of the Electronic Services.

When a Password or Passcode is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by me in person, and I agree to be bound by each such Transaction. I irrevocably authorize and direct Meridian to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by me at the time of the Transaction, in accordance with Meridians’ normal practices. Meridian’s practices respecting the debiting or crediting of any Transaction under any of the Electronic Services may be revised from time to time with or without notice to me.

I agree to not conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. I will indemnify Meridian for all liability or loss arising out of any such Transaction.

I agree that if I use the Telephone Services without using the specified toll-free numbers, I alone will be responsible for all long distance charges imposed by your telephone service provider.

I consent to Meridian taping, storing or otherwise recording my sessions using the Electronic Services. This consent may or may not be confirmed prior to or during each session. Meridian agrees to keep the contents of any such record confidential and confirms that the records will only be used to verify Transaction and service request details and monitor the performance of its employees.

I irrevocably authorize and direct Meridian to issue me a replacement Password in the event that I forget the Password that was originally issued to me or in the event that I forget the Password chosen by me during my last Password change. To have my Password reissued or reset, I may contact my branch or the Contact Centre at 1-866-592-2226.

 

3. Limitations 

I agree that the Electronic Services will be available only on an “as is” and “as available” basis.

Meridian offers the Electronic Services in order to improve the accessibility of Meridian to its Members. However, the provision of the Electronic Services is dependent in part on communication lines and other third party equipment and services. I agree that I will not hold Meridian liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will Meridian be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever. 

 

4. Bill Payments Made through the Electronic Services 

Meridian will use its best efforts to forward any bill payment Transactions to the merchants specified by me for credit the next or second business day following the day they are authorized through the Electronic Services. However, I agree that Meridian is not responsible for delayed credit or late payments for reasons beyond Meridian’s control. I alone am responsible for entering and authorizing the correct payment amounts, merchant account identification, the Account to be charged, ensuring that each payment is entered and authorized only once, and that there are sufficient funds available in my Account or available through a line of credit to complete the transaction. If the Electronic Service tells me that the Transaction failed, I acknowledge that it remains my sole responsibility to make the bill payment through another channel.

 

5. Access to Electronic Services by a Mobile Device 

I agree that use of the Electronic Services by a Mobile Device is also governed by these terms, as published from time to time on the Meridian Web site at meridiancu.ca 

I agree that any data and/or text messaging charges incurred by my wireless carrier for the use of the Mobile Services are my responsibility.

I understand and accept that text messages exchanged between my Mobile Device and Meridian are not encrypted and can be accessed by anyone with access to my Mobile Device. Though account numbers will be masked, information such as transaction amounts and dates of transactions will be visible to those with access to my Mobile Device. It is my responsibility to take appropriate steps for keeping my financial information confidential, including locking my device with a password known only to me.

 

6. Interac e-Transfers

You understand that e-Transfer is a service provided by Interac and offered as a part of Meridian's Electronic Services. This service allows you to send money to another person and receive money, provided they hold a Canadian dollar account with another Canadian financial institution. You understand that there are limits to the amount of money that you can send and receive. These limits are applied daily, weekly and monthly. e-Transfers are not counted towards your monthly self-serve transactions within the respective chequing package that you hold. You agree to pay Meridian a fee for each outbound item. Both the limits and the fee for outbound transactions are set by Meridian at its discretion and are subject to change without prior notice to you. You are responsible for ensuring that the correct e-mail address for the intended recipient is provided. The receiving financial institution may charge a fee to the recipient. Terms and conditions may vary by institution. More information about e-Transfers can be found on Meridian's public website. 

 

7. Mobile Payment Service 

The Mobile Payment Service allows Meridian Debit Card holders to perform Point-of-Sale transactions using a Mobile Device. 

Eligibility Requirements - In order to use the Mobile Payment Service, I must: (a) be an Authorized User on an Account in good standing with Meridian; (b) have a Mobile Device; and (c) meet any other requirements for the access and use of the Mobile Payment Service that are specified by Meridian. "Mobile Device" means a mobile device that is capable of being used in connection with the Mobile Payment Service. 

Sale or Disposed Mobile Device - If I decide to sell, give away or dispose of my Mobile Device, I promise to delete the Meridian Mobile Payment / Mobile Banking application from my Mobile Device. 

Termination or Suspension of Mobile Payment Service ​- I may terminate my use of the Mobile Payment Service at any time by contacting Meridian. Meridian may terminate or suspend my use of the Mobile Payment Service for any reason at any time without notifying me in advance. I am prohibited from using the Mobile Payment Service on a Mobile Device that I know or suspect has had its security or integrity compromised (e.g. where the device has been "rooted" or had its security mechanisms bypassed). I will be solely liable for any losses, damages and expenses incurred as a result of my use of the Mobile Payment Service on a compromised device. 

Confidentiality and Passcode - I agree to treat the Passcode used to authorize any transactions within the Mobile Payment Service with the same standard of care and confidentiality as my Debit Card PIN. The same terms of confidentiality and care would also apply for Passcodes used in any third party wallet applications. 

Mobile Device Security -  I am prohibited from using the Mobile Payment Service on a Mobile Device that I know or suspect has had its security or integrity compromised (e.g. where the device has been "rooted" or had its security mechanisms bypassed). I will be solely liable for any losses, damages and expenses incurred as a result of my use of the Mobile Payment Service on a compromised device. I further acknowledge that I will properly maintain the security of my Mobile Device used in conjunction with the Mobile Payment Service by protecting it with a secure access code or biometric, by knowing its location at all times, and by keeping it up to date with the latest operating system software, security patches and anti-virus and anti-spyware programs.​

Warranties and Liabilities -  I acknowledge and agree that: (a) Meridian does not warrant the operability or functionality of Mobile Payment Service or that it will be available to complete a Transaction; (b) Meridian does not warrant that any particular merchant will offer the payment method accessed through the Mobile Payment Service; and (c) Meridian does not guarantee the availability or operability of the wireless networks of a Mobile Network Operator or of any mobile device. I understand that I should keep my physical Debit Card with me to use in the event the Mobile Payment Service is unavailable for whatever reason. Furthermore, Meridian will have no liability whatsoever in relation to the performance or non-performance of the Mobile Payment Service. I explicitly exclude Meridian, all partners and associated service providers from all liability whatsoever in relation to the Mobile Payment Service, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of the Mobile Payment Service.  I acknowledge and confirm ownership of the respective intellectual property rights by Meridian, its partners and associated service providers.

Location-based Services - I acknowledge that the Mobile Payment Service may be used in conjunction with location based services, and agree that Meridian may collect, transmit, process, display, disclose, maintain or use location based data.

User Licensing Terms - I agree that I will not copy, modify, adapt, enhance, translate or create a derivative work of the Mobile Payment Service or any part of the Service.  I will not license, sublicense, market or distribute the Mobile Payment Service, or provide any copies to a third party.  I will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Mobile Payment Service, and I will not use any part of the Mobile Payment Service to gain access to interconnecting software applications to do the same.

Jurisdiction - I acknowledge that this agreement is subject to the laws and jurisdictions as defined by Meridian, irrespective of where I downloaded or enabled the Mobile Payment Service.  I understand that Meridian may monitor and enforce compliance with these terms.

 

8. Confidentiality of Password

The Password is for my use alone and may not be assigned or transferred. I agree to keep the Password confidential and not to disclose it to any person other than to a Signing Authority on the Account. I agree not to record the Password in any manner or on any media, whether in writing or otherwise, including, without limitation, in electronic form, or by voicemail or e-mail. I acknowledge that for security reasons, Meridian recommends that I change my Password on a regular basis, such as every 90 to 120 days. If the Password becomes known to any person other than to a Signing Authority on the Account, confidential information about my Account may be accessed. I understand that Meridian has only disclosed the Password to me and to no one else, and should a breach of the Password be discovered, I am to immediately contact my branch or the Contact Centre at 1-866-592-2226 to have the Password reset.

 

9. Transaction Verification and Records

All Transactions are subject to verification and acceptance by Meridian, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date I authorized the Transaction, which may affect the Transaction date. 

Meridian’s records of each Transaction, and Meridian’s accounting records, will be deemed to be correct, and will be conclusive and binding upon me. Any record of a Transaction generated by the Software will be for my convenience only. If I believe that Meridian’s records contain an error or omission, I agree that I must give written notice of the suspected error or omission to Meridian within the time provided in the Personal Membership Operating Terms and Agreement between me and Meridian for the relevant Account or Accounts. 

If Meridian does make an error or omission for any reason, with respect to the recording of any transaction, the liability of Meridian will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to me by Meridian. Specifically, I agree that Meridian will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.

 

10. Tax-Free Savings Accounts (TFSA) and Registered Retirement Savings Plans (RRSPs)

The annual contribution limits for RRSPs and TFSAs can vary by individual. Amounts are determined by a variety of factors including unused room from previous years, contributions throughout the year, and any distributions. I agree that it is my sole responsibility to monitor my contributions and distributions throughout the year, and satisfy myself that I do not over-contribute to my RRSP or TFSA.

 

11. Service Fees

Meridian will establish service fees for use of the Electronic Services and/or for conducting Transactions and may change these service fees from time to time. I authorize Meridian to deduct any applicable service fees from any Account.

 

12. Transaction Processing

When the Password is used by me to conduct a Transaction by accessing the Electronic Services I may not revoke or stop any such Transaction once the Transaction request has been processed.

 

13. Member’s Liability

I agree to notify Meridian immediately, in writing, if my Password becomes known to anyone other than me. 

I am liable for all unauthorized use of the Password until such notification is made and acknowledged, in writing, by Meridian. Until Meridian’s acknowledgment is received by me, notification is not deemed to be received by Meridian.

 

14. Consent to Receive Electronic Documents 

I hereby acknowledge that Meridian Credit Union Limited (“Meridian”) has notified me that:

(a) I may revoke the consent given below by calling Meridian’s Contact Centre during operating hours at 1-866-592-2226.

(b) I am responsible for informing Meridian of any changes I make to the designated information system to which electronic document may be delivered to me by Meridian, including any changes made to contact information related to such designated information system;

(c) Any electronic documents delivered to me by Meridian will be available to me for a period not exceeding two (2) years from its date of posting, unless deleted by me;

(d) I am responsible for retaining a copy of any such electronic document delivered to me;

(e) The consent given below takes effect on the date I electronically sign it;

(f) The information system I have designated for the receipt of electronic documents is the Meridian Online Banking channel --- banking.meridiancu.ca, which is accessible by me by using my unique username and password; and  ​

(g) The following constitute the notices, documents or other information covered by the consent given below:

1. A copy of my application for a registered plan;

2. An electronic confirmation of the assigned number of my registered plan contract;

3. A copy of my registered plan contract, including the Terms and Conditions thereof;

4. Any confirmation by Meridian of the revocation by me of the Consent given below; and

5. Any Maturation Notice in respect a Term Deposit held within my registered plan (but only if I have previously given consent to such a notice being sent to me by way of an unsecure email message to an identified email address).

(h) I consent to you sending to me my Member number by way of an email message, even though email communications are inherently insecure, for the purpose of helping me complete my account application and access online banking. I acknowledge your assurance to me that you will not send to me by email message any other personal information of mine that someone else could use, in conjunction with the Member number, to complete unauthorized transactions on my Meridian account.

 

15. Termination

Meridian may at any time without notice withdraw permission to use any of the Electronic Services, or cancel or alter any of the Electronic Services without being liable for any loss resulting from such action. I agree that the termination of the Electronic Services for any reason will not relieve me of any obligations under this Agreement with respect to the Electronic Services.

 

16. Changes to Agreement

Meridian can add to or change the terms and conditions of this Agreement from time to time, but Meridian will give at least 30 days' notice of any such additional or amended terms and conditions. The 30-day notice will run from the date a notice is mailed or is first displayed at the branch or on sign-on screen. If I continue to use any of the Electronic Services after the effective date of any additional or amended terms or conditions to this Agreement, then I will be deemed to have accepted such additional or amended terms or conditions.

 

17. Other Agreements

The terms and conditions of the Personal Membership Application with Meridian and any other conditions or agreements between me and Meridian regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is an irreconcilable conflict between any provision of any of these other agreements (other than the Personal Membership Application or the Terms of Use for the Mobile Services referred to in Section 5) and provisions of this Agreement,  the conflicting provisions of this Agreement will prevail.

 

18. Execution

This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of the Electronic Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.

 

19. General

If I hold an Account jointly with another person or other persons, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Electronic Services with respect to that Account.​​​​​​​​​