Terms of Use and legal notes

All services and information made available to users by Caisse populaire acadienne ltée and some subsidiaries (hereinafter called "the Caisse") via uni.ca are covered by the terms and conditions described below. By registering for and using the Caisse's website, you agree to abide by these terms and conditions.

The Caisse reserves the right to change the terms and conditions at any time without advance notice. In such cases, the Caisse may post change notices directly on the site or may insert links to such change notices.

Any use of the masculine gender on uni.ca is for the sole purpose of brevity; it is not, in any way, intended to be discriminatory.

Jurisdiction

1. Description of services
2. User identification
3. Protection of personal information
4. Protection of children
5. User ID, passwords and security
6. Restrictions on use of content
7. Links to outside Web sites
8. Access to caisses sites
9. Notes about the InstaBalance and the Hop 'n S@ve tools
10. Financial information
11. Statement : information and advice
     12. Information use and storage
13. Changes made to the Service
14. Termination
15. Dealings with merchants
16. Intellectual property
17. Warranties
18. Limitation of liability
19. Copyrights and trademarks
20. Registered plan contracts
21. Mobile Deposit
22. Fingerprint unlock (Touch ID)
23. Apple Pay
24. Miscellaneous


Jurisdiction
This Web site is governed by the laws of the province of New Brunswick and the applicable Federal laws, irrespective of the principles of conflict of laws or jurisdiction.

Any litigation, dispute or claim of any nature whatsoever resulting from the use of this site must be subject to the jurisdiction of the courts of the province of New Brunswick. Consequently, by using this site users agree that the courts of the province of New Brunswick have exclusive jurisdiction in any suit, action or proceeding stemming from the use of this Web site.

The information on this website is only intended to be used in Canada, in the provinces where the mentioned products and services can legally be offered for sale or made available and is not intended for use or sale in locations where such use would not be permitted by local laws.



1. Service description
The Caisse currently provide users with a wide selection of online services. These include communication and transactional tools, services provided by merchants and the products and services marketed through the Caisse service network (collectively "the Service").

Unless otherwise specified, any new feature that enhances or augments one or more existing services, or any new service launched by the Caisse will be subject to the Terms of Use in effect for this site.

You alone are responsible for paying the costs associated with use of the Service, such as Internet connection charges or fees charged for connecting to networks that provide access to Internet content. As well, you are responsible for acquiring any equipment needed for such connections.

2. User identification
You are not required to identify yourself when making use of the Service, except when such identifying information is required to access the site's transactional tools. At the same time, the more accurate, complete and current your personal information, the easier it will be to tailor the Service to your requirements.

3. Protection of personal information The Caisse is keenly aware of the need to protect your security and privacy, particularly in regards to any information you provide to us while making use of the Service.

Please refer to the site's Confidentiality statement for details about the Caisse's practices in this area.

4. Protection of children
The Caisse's is concerned about protecting children who use this site.

We invite parents to monitor their children's Internet usage and to bear in mind that the services provided via the Caisse's site are designed to appeal to a broad audience. Therefore, as the legal guardians of their children, parents are responsible for determining which services may or may not be appropriate fortheir children and monitoring their use in this regard.

5. User ID, passwords and security
When you register for the Service, you must choose a user ID and password that will enable you to access the Service.

Likewise, when you complete the e-mail registration form, you will receive a Web address, which will also serve as a password. The Web address will allow you to access your registration profile and to make any necessary changes.

You alone are responsible for protecting the confidentiality of your user ID and passwords as well as the confidentiality of any actions undertaken in regard to the identification or password authentication process.

Moreover, you are responsible for immediately notifying the Caisse about any unauthorized use of your user ID or passwords and any other security breach, as well as for taking every possible precaution to ensure that you use the Service under optimal security conditions.

To find out more about security measures concerning the use of uni.ca and its personalized version, please read this site's Security statement.

The Caisse is in no way liable for any loss or damage arising from a failure to comply with the requirements described in this Section 5.

6. Restrictions on use of content
It is prohibited to reproduce by any means whatsoever the information, data, text, software, music, sounds, photos, images, videos, communications and other materials (collectively "Content") included with the Service.

More specifically, it is prohibited to:

1. forge headers or otherwise manipulate content transmitted through the Service

2. upload, post, e-mail, transmit or otherwise make available any Content that contains computer viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer, application or telecommunications equipment (this list may include other elements without limitation)

3. interfere with, disrupt, or make abusive use of the Service, or servers or networks connected to the Service, or refuse to comply with any requirements, procedures, general regulations or regulatory provisions applicable to networks connected to the Service.

4. infringe, whether intentionally or not, any existing national or international

5. collect and store personal information relating to other users

6. sell, resell or operate on any commercial basis whatsoever any portion of the Service or any use of the Service or access privileges associated with the Service

7. Links to outside Web sites
The Service or third parties may include links to other Web sites or other Internet sources. Since it has no control over these outside sites and sources, the Caisse is not responsible for their availability, nor can it assume any responsibility for the content, links, advertising, products, services or other materials made available by or through such external sites or sources. Furthermore, the Caisse is not liable for any loss or damage, caused or alleged to be caused by, or arising in connection with, the use of or reliance on Content, products and services made available on these outside sites or sources.

Consequently, it is up to you to exercise discretion in your use of such Content. Likewise, you are responsible for assuming all inherent risks, particularly when you rely on the timeliness, usefulness or completeness of the content made available on or through the sites or sources referred to by the Service.

Links leading to software download sites are provided for your convenience; the Caisse is not liable for any difficulty arising from the download of any such software applications.

Links to other sites do not indicate that these outside sites endorse the Caisse or its products and services.

8. Access to caisses sites
The Caisse is solely and entirely responsible for, but not limited to, the information conveyed in the pages of its Internet site on uni.ca, as well as for any payment solution it makes available and fundraising campaign and cause it supports.

9. Notes about the InstaBalance and the Hop 'n S@ve tools
Hop 'n S@ve and InstaBalance are available as part of the mobile services app. Once you set them up, you won't have to log in again to use certain features and get information. These tools are also available on a compatible smartwatch connected to the mobile device. When setting up these tools, the mobile services users agree to protect their mobile devices and compatible smartwatches.

The information displayed in InstaBalance does not take into account balances available, limits or any funds held that can or could affect the account or folio in question. Consequently, the Caisse cannot be held liable for any direct or indirect damage resulting from operations or transactions carried out based on the information displayed in InstaBalance.

Learn more about security on mobile devices.

10. Financial information
Stock quotes, investment fund values, exchange rates, interest rates and other similar financial data as well as the various product features posted on uni.ca are provided for your information only. This information originates from a variety of sources and is updated on a regular basis. Despite every effort to present information that is as up to date as possible, the Caisse, its officers, managers, employees and agents are in no event responsible for the consequences of any inaccurate information or for any damage sustained as a result of using such information.

11. Statement: information and advice
The Service is provided to you for information purposes only. Therefore, content disseminated in connection with the Service is not destined to be used in conducting transactions or making investment decisions. The Caisse will not assume any responsibility for the Content or the accuracy of all or part of the information transmitted in connection with the Service. Likewise, the Caisse will not be responsible for investment orders or decisions based on such information.

12. Information use and storage
The Caisse may establish general rules and deadlines concerning use of the Service. This may include, without limitation, determining the maximum number of days of account inactivity and the maximum number of times you may access the Service during a given period of time (as well as the maximum duration of each access session).

Furthermore, the Caisse is in no way responsible for the personalized settings of site users and does not make any warranty with respect to the deletion of your data or any failure to preserve your data.

13. Changes made to the Service
The Caisse reserves the right at any time to change, temporarily suspend or terminate the Service in whole or in part without informing you in advance. In no event will the Caisse be liable to you or to any third party for a modification, suspension or termination of the Service.

14. Termination
The Caisse reserves the right to terminate access privileges in whole or in part relating to your ID and passwords and to even delete your ID and passwords.

The Caisse also has the right to remove or relocate any Content made available as part of the Service. This may be done for any reason, including lack of use or in situations where the Caisse has good reason to believe that you have violated the Terms of Use applicable to this site.

Any termination of your access to the Service consistent with the established Terms of Use will take place without advance notice of any kind. The Caisse also reserves the right, at any time, to de-activate or delete with immediate effect any folder or any file within a folder, and/or to prohibit future access to such files or to the Service itself.

In no event will the Caisse be liable to you or to any third party for the termination of your Service access.

15. Dealings with merchants
Any dealings with merchants relative to the Service are strictly between you and the merchants concerned. This applies to any correspondence, business relationship or participation in promotions organized by merchants through the Service, including the payment and delivery of goods or services, and, if applicable, any other terms, conditions, warranties or representations arising from these transactions. Consequently, the Caisse will in no way be liable for any loss or damage of whatsoever nature arising from such dealings or, more generally, from the participation of merchants in connection with the Service.

16. Intellectual property
The Service and any software or applications used in connection with the Service ("Software and Applications") may contain confidential information protected by existing intellectual property laws or other legislation.

Content included on the site or in advertising and information made available to you as part of the Service, or presented by merchants in connection with the Service, are protected by the laws applicable to copyright, trademarks and patents and by any other rights set forth in existing legislation, and are the intellectual property of the Caisse, its licensors or the person recognized as the Content supplier.

The site is protected by copyright legislation as a collective work or compilation as defined in Canadian and foreign laws.

Except as expressly authorized by the Caisse or by a merchant, it is strictly prohibited to:

  • copy, alter, rent, borrow, sell, distribute or create derivative works based in whole or in part on the Content, the Service or related Software and Applications;
  • reverse engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law) or to sell, assign, sub-license or transfer in any way the rights attached to the Software and Applications;
  • modify the Content or the Software and Applications in any way or to use modified versions of the Software and Applications in order to gain unauthorized access to the Service or for other purposes not limited to this;
  • access the Service by any means other than the interface provided to you by the Caisse for this purpose; or
  • use the site or its Content, in whole or in part, except as expressly fixed by these Terms of Use.

17. Warranties

  1. The Service is provided to you and is accessible to you based on its availability. The Caisse makes no warranties, either express or implied, including but not limited to warranties as to the quality of the Service or its fitness for a particular purpose, or as to the non-infringement of the Service's Terms of Use by users.
  2. More specifically, the Caisse does not warrant that:
    1. the Service will operate without interruption or error or in a secure and timely manner
    2. results obtained by using the Service will be accurate and reliable
    3. the quality of any product, service, information or other materials purchased or obtained by you in connection with the Service will meet your expectations
    4. defects in the Software and Applications, if any, will be rectified
  3. You alone will be responsible for any damage sustained by your computer or any loss of data that may result when downloading material
  4. No advice or information, whether oral or written, obtained by you from the Caisse or in the course of using the Service may be construed as creating any warranty not expressly stipulated in the site's Terms of Use.

18. Limitation of liability
To the fullest extent possible pursuant to applicable law, the Caisse will in no way be liable for any direct or indirect damage, including without limitation the loss of profits, customers or data, or other loss of intangible assets, even if the Caisse has been advised about the possibility of such damage, that may arise:

  1. from the use or inability to use the Service
  2. following unauthorized access to the Service by a user or following a change in your transmissions or your database
  3. from the actions or conduct of a third party in the course of using the Service
  4. from the loss or theft of a user's mobile devices and/or smartwatches

19. Copyrights and trademarks*
All information on this Website is protected by copyright. Users may only copy its contents for their own personal use. No one may redistribute, reproduce, republish, store in any medium, retransmit, or modify the information on this Web site for commercial purposes without the written authorization of the Caisse, or make public use thereof without crediting the source.

All trademarks and logos (including certain names, words, titles, drawings, illustrations and icons) appearing on the site are trademarks or registered trademarks of the Caisse or third parties. Any use of these trademarks is strictly forbidden without the owner's written authorization. Any unauthorized downloading, retransmission, or other copying or modification of trademarks and/or site content may be a violation of federal or other laws applying to trademarks and/or copyrights and could subject the copier to legal action.

*VISA is a trademark of VISA International, Inc.

20. Registered plan contracts
Visit section Registered plan contracts.

21. Mobile Deposit

1. General Terms and Conditions
The following terms and conditions of use and all amendments hereto (the “Terms and Conditions”) constitute an agreement between you (“You”), the Fédération des caisses Desjardins du Québec (“We” or “Us”) concerning your use of the Mobile deposit function (“Mobile Deposit”), a function of the Caisse Mobile Services Application.

If You use Mobile Deposit on behalf of a company or other legal person, a general or limited partnership, a joint venture, a sole proprietorship, an association, etc. (each a “Business”) then “You” refers both to the Business and to You as an individual user acting on its behalf and You declare that You are duly authorized to agree to these Terms and Conditions on behalf of the Business.

It is important that You read and understand these Terms and Conditions since they apply to each use You make of Mobile Deposit. By checking at the appropriate place and clicking on “I agree”, You will be deemed to have read and agreed to the Terms and Conditions.

You agree that we may at any time make additions or changes to the Terms and Conditions. If We modify the Terms and Conditions, We will notify You by means of a notice published in the Caisse Mobile Services Application or by any other means. Your use of Mobile Deposit after such notice has been given means that You agree to the amended Terms and Conditions.

If, at any time, You no longer agree to these Terms and Conditions or the amendments We have made thereto, You must stop using Mobile Deposit.

The terms and conditions of the agreements You have entered into with respect to your accounts at the Caisse, the terms and conditions of AccèsD and AccèsD Affaires, the terms and conditions of use of the Caisse websites, the terms and conditions of the Caisse Mobile Services Application or any other agreement with us (The “Agreements”) also apply to the use of Mobile Deposit. These Terms and Conditions do not replace or amend Agreements but are an addition thereto.

You recognize that the execution of certain operations under this Agreement or resulting therefrom may be conferred by the caisse to a third party mandatary, including an entity that is part of the Desjardins Group, and that, for this purpose, for the operations conferred to it, this third party shall be held to the same obligations and benefit from the same release from liability as the caisse.

If You have any questions about these Terms and Conditions or the use of Mobile Deposit, You may reach us at the following number for an Individual member or a Business member.

2. Description of the Mobile Deposit Services
Mobile Deposit allows You to deposit cheques or any other eligible item (as defined below under “Eligible Items”) in an eligible deposit account (an “Account”) by taking a photograph of the front and back of an original Eligible Item (the “Images”) using an electronic device with an operating system that is compatible with the Caisse Mobile Services Application (a “Mobile Device”) and sending us the Images and any other required information through Mobile Deposit.

Every Image captured using Mobile Deposit must be an image of an original Eligible Item and not an image created using a photocopy or a print-out of an electronic copy.

In order to use Mobile Deposit, You must satisfy eligibility criteria defined by us. Thus, only certain individual members, business members, Eligible Items, Accounts and Mobile Device operating systems are eligible for Mobile Deposit.

3. Agency
You agree that by creating Images of the Eligible Items using a Mobile Device, you are acting as our agent and, in that capacity, the Image will be treated as though we had created the image itself in accordance with the Canadian Payments Association (“CPA”) Rules and Standards published at www.cdnpay.ca.

You agree to this appointment and agree that this role cannot be transferred to any third party.

In acting as agent, You agree to comply with these Terms and Conditions and with any applicable law, regulation or standard, including the Payments Canada Rules in force from time to time.

4. Eligible Items
Mobile Deposit allows You to deposit the following original paper items issued in Canadian dollars by a Canadian financial institution or a federal, provincial, municipal or territorial government in Canada:

  • Cheque:
    • (i) Personal
    • (ii) Business
    • (iii) Government/municipal
    • (iv) Certified cheque
    • (v) Traveller’s cheque
  • Money order
  • Bank draft
  • Gift certificate with the transcode 81

The following items are not eligible for Mobile Deposit:
a) items payable to a person or business other than You
b) items payable jointly, unless they are deposited in a joint Account of all the payees
c) postdated or stale-dated items
d) items that You know or should have known to be fraudulent
e) items drawn on a financial institution located outside Canada
f) items payable in a currency other than Canadian currency
g) items that have previously been deposited
h) illegible items
i) the image of a photocopy, print-out or PDF file of an item
j) returned items
k) altered items
l) invoice payment slips
m) bonds, coupons, debentures and Government of Canada Treasury Bills.
n) instruments in a non-standard format not approved by Payments Canada
o) instruments that are ineligible under current Payments Canada's rules

5. Eligible Accounts
Mobile Deposit allows Eligible Items to be deposited in certain Accounts only.

For individual members, only Personal Chequing Account (PCA) and Regular Savings Accounts (RS) are eligible. Accounts with registered accounts (RRSPs, TFSAs), allowance saving, personal trust, estate accounts, in-trust account and foreign currency accounts are not eligible.

For business members, only chequing accounts are eligible (including trust accounts). Regular Savings Accounts, Term Savings accounts, and foreign currency accounts are not eligible.

6. Mobile Devices
To be eligible for Mobile Deposit, your Mobile Device’s operating system must be compatible with the Caisse Mobile Services Application. You can view the list of compatible operating systems for Individuals or for Businesses.

In addition, in order to use Mobile Deposit, You must obtain and maintain at your own expense the hardware, software and wireless services access required by this function. The Caisse accepts no liability and gives no warranty in respect of Mobile Devices, software and applications used for Mobile Deposit. You acknowledge and accept all the costs and risks associated with use of Mobile Deposit or with technological changes and any resulting deficiency or loss.

We are not liable for the hardware, software and wireless services access that are required to use Mobile Deposit. We have the right, at our sole discretion and without informing You, to make changes to Mobile Deposit from time to time such that your electronic access device, hardware, operating systems and software may no longer be compatible with Mobile Deposit, in which case We accept no liability to You or to any other person.

7. Image Quality
When depositing an Eligible Item using Mobile Deposit, You must ensure that the Image is legible and that the following information can be seen on the Image: the date, the payor’s institution, the payee, the amount in letters and/or figures, the payor’s signature and the magnetic ink character recognition line (the MICR line). The Image quality of Eligible Items must satisfy the Caisse and the Payments Canada requirements.

8. Receipt of Eligible Items
We have the right to reject any item received, for any reason, including because the Image transmitted is illegible or the deposited item is ineligible. We shall not be liable for errors that may occur during the transmission of Images, including Images that are not fully received or that are misdirected and the risk that a deposited item may be intercepted and information may be disclosed.

We shall not be liable for losses, charges or penalties that may result from the illegibility or poor quality of an Image, including damages that may arise from the rejection of an Image, , the replacement of an instrument, a delay or incorrect payment in connection with the information transmitted.

You agree that we have the right: (i) to change the amount that appears in your Account to reflect the amount indicated on the Image received, or (ii) to cancel an entry made in your Account if an item transmitted was ineligible for deposit. In the above cases, You agree that we shall not be liable for any resulting losses, charges or penalties.

9. Availability of Funds
When You make a deposit using Mobile Deposit, the amount of the deposited items is credited temporarily to your Account at the date We receive your Image until the Image is processed. The availability of the funds is subject to our hold funds policy and your available funds limit. You may view the restrictions applicable to Individual members and to Business members.

You agree that by using Mobile Deposit to deposit a cheque issued by the Government of Canada or a cheque issued by a provincial or territorial government, the funds deposited will be subject to a hold in the Account for the applicable customary time, as if the cheque were issued by a business or an individual. To avoid a hold being placed on the funds, We recommend that You deposit the cheque at the counter.

10. Deposit Processing Time
You can use Mobile Deposit 7 days a week. Deposits will only be processed the same day if they are deposited on a business day before 7:00 p.m. (Atlantic Time). For deposits made after 7:00 p.m. (Atlantic Time) on a business day or at any time on a non-business day, the date of processing will be the following business day. For greater certainty, Saturdays, Sundays and statutory holidays are not business days.

11. Mobile Deposit Limits
Daily and cumulative limits apply to amounts You deposit using Mobile Deposit.

Individual members:

  • Daily limit: $10,000
  • Limit of $100,000 per 30-day period


Business members:

  • Daily limit: $100,000
  • Limit of $1,000,000 per 28-day period

12. Charges
If You are an individual using Mobile Deposit, there are no additional charges for deposits made using the Mobile Deposit function, subject to the customary operating charges set out in the Agreements. If You are a business using Mobile Deposit, charges may apply to every deposit made. You can view the rates applicable to Business members.

13. Destroying the Deposited Item
After depositing an Eligible Item using Mobile Deposit, You must keep the Eligible Item in a safe place for 10 days after the deposit date. After that time, You must immediately destroy the Eligible Item using a method of destruction that ensures the Eligible Item cannot be reused.

Even if We send You a confirmation number for the deposit of the Eligible Item, You are responsible for verifying on your Account statement that the amount corresponding to the Eligible Item deposited appears on your statement before you destroy the Eligible Item.

14. Duplicate Deposits
Once You have deposited an Eligible Item, You cannot deposit, attempt to deposit (physically or electronically) or cash the same Eligible Item at any other financial institution or redeposit it with the Caisse. The Eligible Item cannot be endorsed or otherwise transferred to any other person or business. If You contravene any of these terms, You will be liable for all applicable costs and losses.

15. Your Covenants and Representations to the Caisse
15.1 Every time You use Mobile Deposit, You represent, warrant and covenant:

  • 15.1.1 To deposit only Eligible Items.
  • 15.1.2 To deposit only items issued in Canadian dollars by a Canadian financial institution or a Canadian federal, provincial, municipal or territorial government.
  • 15.1.3 To transmit only a legible Image of the original of the deposited item and not an image of a photocopy, print-out or pdf file of an item.
  • 15.1.4 Not to deposit postdated or stale-dated items.
  • 15.1.5 Not to deposit items for which a stop payment has been issued.
  • 15.1.6 Not to deposit items that You know or should have known are fraudulent.
  • 15.1.7 Not to transmit incorrect information or information that You know or should have known is incorrect or fraudulent.
  • 15.1.8 Not to deposit items that have previously been deposited.
  • 15.1.9 Not to deposit items payable to an individual or business other than You.
  • 15.1.10 Not to request a third party to create an Image of an Eligible Item payable to You and to deposit it in your Account.
  • 15.1.11 To keep the deposited item in a safe place for 10 days following the date of deposit and to destroy it after that time.
  • 15.1.12 To deposit cashable items as defined by law and to comply with the requirements of the Payments Canada Rules. The date, the payor’s institution, the payee, the amount in letters and/or figures, the payor’s signature and the magnetic ink character recognition line (the MICR line) must be clearly legible in the transmitted Images.
  • 15.1.13 To comply with these Terms and Conditions of use of Mobile Deposit and any amendment that may be made hereto and with all applicable laws and regulations.

15.2 Every time You use Mobile Deposit, You also declare:

  • 15.2.1 that the acceptance and payment of an Eligible Item is subject to the applicables laws (including the Bills of Exchange Act ) and to the Payments Canada Rules, including without limitation the following grounds for rejection: fraudulent endorsement, postdated cheque, duplicate payment, miscoded amount, altered cheque, unusable image.
  • 15.2.2 that the deposit of an Eligible Item in your Account is subject to the terms and conditions of your account agreement, which supplement these Terms and Conditions, but do not replace them.

16. Termination
16.1 The Caisse has the right to terminate your access to Mobile Deposit, at its sole discretion and at any time, including and without limitation if:

  • 16.1.1 You have breached these Terms and Conditions.
    16.1.2 We have reason to believe that You are using Mobile Deposit incorrectly, or in an unauthorized or illegal manner.

16.2 Your appointment as agent expires on the date your access to Mobile Deposit ends. Consequently, upon receipt of a notice of termination, You must immediately stop creating Images using Mobile Deposit.

17. Access to and Security of your Mobile Device
You must secure and incorporate in your Mobile Device user codes, passwords or other authentication devices and ensure that they remain secret and confidential at all times. We recommend that You maintain your operating system up-to-date.

We are not liable for losses You may incur if an unauthorized person succeeds in hacking your IT security system or accessing your Mobile Device or your Account using hardware containing software that may reveal or compromise passwords, required user codes or other authentication devices.

18. Loss or Theft of your Mobile Device
You are responsible for all deposits made using your Mobile Device. If your Mobile Device is lost or stolen, You must notify us immediately by dialling the following number if You are an Individual member or a Business member.

19. Deactivating the Mobile Deposit Function
You can deactivate the Mobile Deposit function at any time by contacting us at the following number if You are an Individual member or a Business member.

20. Limitation of Liability
Except where provided by law, the Caisse, its subsidiaries, officers, directors, employees, agents and subcontractors cannot be held liable to You for any loss or damage that may arise from your use or inability to use Mobile Deposit, for any reason whatsoever, including without limitation, as a result of any delay in the processing of deposited items, the non-availability of Mobile Deposit or its interruption at the time of a deposit, steps taken by You to obtain a replacement item or any failure of your Mobile Device following your use of Mobile Deposit. The Mobile Deposit service is offered to You on an “as is” and “as available” basis, without any express, implied, statutory or other warranty or condition.

21. Indemnification
You agree to save and hold the Caisse harmless and indemnify the Caisse for any loss sustained as a result of any dispute, third-party claim or damage of any kind associated with your use of Mobile Deposit and your failure to comply with your obligations under these Terms and Conditions, including, without limitation, under the Payments Canada Rules.

22. Cooperation
You agree to act and cooperate in good faith with the Caisse at all times in using Mobile Deposit or in any investigation regarding unusual or fraudulent transactions.

23. Applicable Laws
These Terms and Conditions are governed by the laws in force in the province where You have your Account and the laws of Canada applicable therein.

22. Fingerprint unlock service (the “Service”)

By signing up for the Service, you accept the following terms of use. These terms are in addition to the AccèsD Internet terms of use and are deemed to be an integral part thereof. In the terms below, “you” means “the user” within the meaning of the AccèsD Internet terms of use.

All fingerprints recorded in your device allows your identification and authentication when gaining access to the AccèsD Internet service. It is both your access code/user code and password. You must therefore ensure that only your fingerprints are recorded in the device on which you are activating the Service.

You may sign up for the Service on only one device. If you wish to add a device to the Service, you must sign up again on the other device and the other device must be eligible for the Service, as determined by the Caisse.

For security reasons, if you add a new fingerprint to your device after having signed up for the Service, the Service will automatically be deactivated on the device and you will have to sign up for the Service again to be able to use it.

Signing up for the Service is optional. At no time does the Caisse have access to your fingerprint data.

Adding your fingerprint to your device is subject to other terms of use that are not established by the Caisse (i.e., manufacturer’s terms and conditions). the Caisse has no control over these terms, which you must also have accepted before you can sign up for the Service.

23. Apple Pay
Conditions for using your debit card

Interac
To use this application (the "Application") with your debit card (the "Card"), you must agree to the following:

I understand that all transactions carried out through the Application using my Card are subject to the agreement governing the use of the Card.

I understand that to use the Application, I have to (i) be a cardholder and have an account in good standing, (ii) have a mobile device onto which the Application can be downloaded and a contract in good standing with a telecommunications service provider, and (iii) agree to the terms of use of the Application, the financial institution, or other third parties (these terms are subject to change), and to meet all other requirements that the Card issuer, the telecommunications service provider, or the Application provider may set out.

I understand that the Application allows me to carry out transactions with my Card, as long as my Card has been programmed into the Application beforehand, by waving my mobile device in front of a payment terminal or other accessible device, without needing to insert or swipe my card in the payment terminal or other accessible device, and without necessarily having to enter my personal identification number (PIN), at participating merchants, up to a maximum amount to be determined by the financial institution that issued the Card. I understand that every transaction carried out using my Card through the Application is considered to be an authorized use of my Card and I am subject to the same liability as if I had entered the personal identification number (PIN) for my Card in a payment terminal or any other accessible device.

To prevent any unauthorized use of my Card, I agree to take all necessary precautions to keep my mobile device safe, as well as any passwords or information that would allow someone to use the Application to make a transaction with my Card. If such precautions are not taken, I understand that I will be presumed to have contributed to the unauthorized use of my Card and assume all liability therefor, if any. If my mobile device is lost or stolen, or if someone has gained access to my credentials, I agree to immediately inform you by calling the number on the back of my Card.

I understand that solely the Application provider is liable for any problem with or associated with the Application, and the financial institution that issued the Card is not involved in any way. I understand that solely my mobile device provider and/or telecommunications services provider is liable for any problem with or associated with my mobile device, and the financial institution that issued the Card is not involved in any way.

I understand that the financial institution may change the type of card that can be used for payment services or stop participating in this service at any time. I understand that, at any time, the financial institution can stop me from linking a card or suspend my right to pay for purchases with a card using the Application without prior notice, for any reason, including if I fail to comply with these conditions or any other conditions associated with my Card, if the financial institution suspects fraud, if my account is not in good standing, if there is a change to the applicable legislation, or for any other reason.

VISA
Conditions for using your credit card with this application

To use this application (the "Application") with your credit card (the "Card"), you must agree to the following:

I understand that all transactions carried out through the Application using my Card are subject to the agreement governing the use of the Card. I understand that every transaction carried out using my Card through the Application is considered to be an authorized use of my Card, and I am subject to the same liability as if I had signed for each transaction or entered the personal identification number (PIN) for my Card in a payment terminal or any other accessible device.

To prevent any unauthorized use of my Card, I agree to take all necessary precautions to keep my mobile device safe, as well as any passwords or information that would allow someone to use the Application to make a transaction with my Card. If such precautions are not taken, I understand that I will be presumed to have contributed to the unauthorized use of my Card and assume all liability therefor, if any.

24. Miscellaneous
The Service Terms of Use represent the entire agreement between the Caisse and you with regard to use of the Service and they supersede any prior agreement between you and Caisse concerning use of the Service. You may also be subject to additional Terms of Use specific to certain services, third party content and third party software that will be disclosed to you once you access such services, content or software. The failure by the Caisse to exercise any rights conferred upon it by virtue of the Terms of Use in no way constitutes a waiver of such rights. Should any provision of these Terms of Use be judged to be invalid by the decision of a court, all other provisions will remain in effect and continue to apply. The section titles in the Terms of Use are provided for information purposes only and have no legal effect.

Finally, the use of some Caisse services may require compliance with additional or specific rules, conditions, provisions or guidelines that will be set forth in a separate agreement. Such rules and guidelines will be considered an integral part of these Terms of Use. In the event of any disagreement or confusion between the Terms of Use and the separate agreement, the latter will prevail.


Term of use
Debit Card - Individual

1. DEFINITIONS

In the present form, the following terms and expressions mean:

  • AccèsD Internet Service: Service offered via an access system, such as a computer or smartphone, making it possible for the cardholder to carry out transactions as defined in the present Terms of Use.
  • Access code: Access code consisting of information shown on a card.
  • Access system: ATM, point of sales terminal, Touch-Tone phone connected to a Touch-Tone line, smartphone, computer or other device allowing the cardholder to carry out transactions with the Caisse or a subsidiary.
  • Authorized transit: Amount set by the Caisse and up to which it accepts to refrain from withholding funds for negotiated instruments.
  • Business day: in New Brunswick, a working day generally allocated to business operations or professional activities. Typically does not include weekends and holidays.
  • Caisse: means Caisse populaire acadienne ltée.
  • Canadian financial institution: Any Canadian financial institution other than the Caisse or a subsidiary as defined in this document.
  • Card: Debit Card.
  • Cardholder: Person who has obtained a card.
  • Confirmation number: Number designated by certain access systems that confirms a transaction carried out by the cardholder using one of his/her cards.
  • Daily limits: Maximum limits for daily folio withdrawals made via an access system.
  • Desjardins: Fédération des caisses Desjardins du Québec.
  • Folio: refers to the chequing or any savings account or any account or sub account opened in relation to the folio.
  • Merchant: Business that, through the intermediary of an access system, accepts the card as payment for products or services.
  • Password: The cardholder's personal and confidential password.
  • Personal phrase and image: Phrase and image specific to the cardholder that are shown each time they log on to an AccèsD Internet session to carry out transactions.
  • Personal questions: Three questions chosen by the cardholder, the answers to which are specific to, and known only by, the cardholder. The cardholder may be asked any of these questions when logging on to an AccèsD Internet session.
  • Personal representative: Understood to be an attorney, agent, property guardian, legal guardian, executor, estate trustee or any person who is authorize to manage the property of the cardholder.
  • PIN: The cardholder's confidential personal identification number.
  • Point of sale terminal: Electronic terminal equipped with a card reader and a keyboard, used to carry out transactions using a card.
  • Subsidiary: Corporation controlled by the Caisse and/or Desjardins when the Caisse and/or Desjardins 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 Desjardins and its members Caisses.
  • Terminal for making AccèsD transactions at the Caisse: Electronic terminal with a card reader and a keyboard that is used to perform operations using a card and that is only available at the Caisse upon request.
  • Transaction record: Record issued by some access systems that confirms a transaction carried out by the cardholder using one of his/her cards.
  • Unauthorized transaction : Transaction carried out after i) the cardholder has reported that the card has been lost or stolen ii) the card has been cancelled or has expired iii) the cardholder has reported that another person may have knowledge of his/her PIN or password if, in the case of the PIN, the cardholder was unable to change it as soon as he/she suspected that a third party might have knowledge of it iv) the cardholder was obliged, under threat, to give his/her card or divulge his/her PIN or password to a third party on condition that he/she file a police complaint, that he/she inform the Caisse immediately and that he/she collaborate with any future investigation or v) the cardholder’s PIN or password has been appropriated or stolen without his/her knowledge.

2. RESPECTING TERMS OF USE

2.1 The cardholder acknowledges having in his/her possession one or several cards, as he/she wishes.

2.2 If the cardholder has several cards linked to each of the folios that have been assigned to him/her, in the Caisse, he/she acknowledges that, unless he/she indicates otherwise, each individual card provides access via certain access systems to all folios and accounts he/she holds in the Caisse or subsidiaries.

2.3 He/she also acknowledges that the use of one of his/her cards, as well as transactions carried out with it, is subject to conditions and regulations periodically enacted by the Caisse, which he/she accepts and agrees to respect, including, the terms and conditions set forth hereafter.

3. TRANSACTIONS CARRIED OUT WITH THE CARD

3.1 The cardholder acknowledges that one of his/her cards may serve as an identification card at the Caisse or a Caisse affiliated with Desjardins.

3.2 He/she acknowledges that his/her personal phrase, image and questions are security measures required to verify his/her identity, as well as for AccèsD Internet service, and that any procedure that involves logging on to an AccèsD Internet session must be discontinued if his/her individual phrase or image is not shown on the monitor, except for a transaction using the terminal for making AccèsD transactions at the Caisse.

3.3 He/she also acknowledges that use of one of his/her cards or access codes, with the PIN or 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 access systems (e.g. access information, deposits, withdrawals, bill payments, transfers, line of credit payments, pay merchants, purchase financial products and services).

3.4 Through each access system, the Caisse or subsidiary will indicate to the cardholder i) the types of transaction that may be carried out, which may vary, depending on the system used; ii) folios and accounts accessible for the purposes of carrying out transactions; iii) the instructions necessary to complete a transaction using the system (e.g. card and PIN, access code and password).

4. TRANSACTIONS CARRIED OUT BY A PERSONAL REPRESENTATIVE

When the cardholder is the personal representative of a cardholder, or of a client of a subsidiary, the cardholdler or subsidiary client authorizes his/her personal representative to carry out transactions using the card, as stipulated in section 3, and thus assumes total responsibility for all transactions carried out with his/her card by his/her personal representative.

5. INTER-INSTITUTION TRANSFERS

Only those accounts that require one signature, are in Canadian currency and are held by the cardholder in a Canadian financial institution may be included in a cardholder’s file. The cardholder agrees that funds from an inter-institution transfer may be subjected to a variable freeze period, depending on the authorized transit granted to the member by the Caisse. As such, the Caisse may hold these funds while awaiting final payment from the Canadian financial institution where the withdrawal was made. Information on statement of account submitted to the inter-institution transfer service by users shall remain strictly confidential and, will only be used to add a Canadian financial institution account to users AccesD user files and complete inter-institution transfers.

6. INTER-CURRENCY TRANSFERS

When a cardholder makes an inter-currency transfer using the AccèsD Internet service, he/she is subject to the following terms:

6.1. The cardholder agrees and acknowledges that the exchange rate applied to an inter-currency transfer is the exchange rate determined by Desjardins and in force at the time the cardholder confirms the transaction for the last time.

6.2. The cardholder agrees and acknowledges that prior to 9:00 a.m. and after 5:30 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 Desjardins, at its sole discretion, and that as a result, the exchange rate may be less advantageous for the cardholder.

6.3. The cardholder 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 cardholder agrees and acknowledges that the exchange rate then applicable may differ from the one initially used to make the inter-currency transfer. The cardholder agrees to assume any risk associated with exchange rate changes as well as any direct or indirect loss arising from such transaction. The cardholder therefore relieves the Caisse of all liability in this matter.

7. INTERNATIONAL MONEY TRANSFERS

When a cardholder makes a money transfer using the International Money Transfer feature available through the AccèsD Internet service, he/she is subject to the following terms:

7.1 The cardholder agrees and acknowledges that he/she is solely responsible for international money transfers made on a folio using the International Money Transfer feature via the AccèsD Internet service.

7.2. The cardholder 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 cardholder 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 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 cardholder agrees and acknowledges that the exchange rate applicable to an international money transfer is the exchange rate determined by Desjardins and in force at the time the cardholder confirms the transaction and a confirmation number is issued for that transaction.

7.5. Notwithstanding section 7.4 herein, the cardholder agrees and acknowledges that prior to 9:00 a.m. and after 5:30 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 Desjardins, at its sole discretion, and that as a result, the exchange rate may be less advantageous for the cardholder.

7.6. The cardholder 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 cardholder undertakes, if applicable, to pay the fees displayed on screen at the time of any international money transfer. The cardholder agrees to have these fees and the converted amount of the international money transfer, if applicable, debited by the Caisse at the time the cardholder confirms the transaction and a confirmation number is assigned to said transaction, directly from the USD or CAD folio indicated by the cardholder.

7.8. The cardholder 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. The cardholder acknowledges that the Caisse has no control over these fees.

7.9. The cardholder 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 cardholder relieves the Caisse of all liability for any direct or indirect loss resulting from such a conversion.

7.10. The cardholder 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 cardholder.

7.11 Notwithstanding section 16 herein, the cardholder agrees that international money transfers will be made according to the following terms and conditions:

    Monday through Friday from 9:30 a.m. to 6:30 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 cardholder 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 cardholder agrees that fees may be debited from the amount returned by the recipient's financial institution. The cardholder may request an investigation, via the AccèsD Internet service, if the funds have not been received by the recipient.

7.14. The cardholder 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 cardholder 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 cardholder's file at the 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 cardholder will be informed of the applicable limit at the time he/she makes the international money transfer.

7.16. The cardholder acknowledges that, notwithstanding section 7.11, an international money transfer that is confirmed by the cardholder 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 cardholder agrees to and acknowledges that the applicable exchange rate may differ from the one initially used to make the international money transfer. The cardholder agrees to assume any risk associated with exchange rate fluctuations as well as any direct or indirect loss arising from such a transaction. The cardholder therefore relieves the Caisse of all liability in this matter.

8. ALERT SERVICE

8.1 When the cardholder uses the Alert service, he/she agrees and acknowledges that incoming text message fees and any fees related to reading email on the Internet are his/her responsibility. The cardholder 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 cardholder 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 cardholder's mobile or Internet service provider. The cardholder is responsible for protecting the privacy of alerts sent to him/her.

9. INFORMATION ABOUT INSTABALANCE AND HOP 'N S@VE

Hop 'n S@ve and InstaBalance are available in the mobile services app. Once you set the tools up on your mobile device, you won't have to log in again to use some of the features or access certain information. Hop 'n S@ve and InstaBalance are also available on a compatible smartwatch connected to your mobile device. When setting up these tools, mobile services users agree to read the advice provided at www.uni.ca/security, and to protect their mobile devices and compatible smartwatches. Users acknowledge that the Caisse cannot be held liable for damages, including loss of confidentiality of their information or monetary losses, resulting from the loss or theft of their mobile device or compatible smartwatch.

The information displayed by InstaBalance does not take into account the balance available, limits or any other amount withheld or frozen in the account or folio in question. Consequently, the Caisse cannot be held liable for any direct or indirect damage resulting from operations or transactions carried out based on information provided by InstaBalance.

10. STOP PAYMENT

When making a stop payment via AccèsD Internet, the cardholder is subject to the following terms of use:

10.1 The cardholder 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 folio.

10.2 Stop payments on pre-authorized payments or any modification to such a stop payment must be made before 6 p.m. on the date the payment is to be processed. Stop payments on cheques can be made at any time.

10.3 The cardholder agrees that the stop payment fees be debited from the folio on which the cheque was drawn or from which the pre-authorized payment was paid. The cardholder understands that if the folio balance is too low to cover these fees, the stop payment will not be made.

10.4 Stop payments cannot be made on loan payments for any loan whatsoever held at the Caisse.

10.5 Unless the cardholder 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.

10.6 Unless deleted by the cardholder or the Caisse, stop payment orders placed by the cardholder remain visible on AccèsD Internet 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. The cardholder is responsible for verifying that a stop payment has been processed according to his or her instructions before deleting it.

10.7 The cardholder 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.

10.8 The cardholder releases the Caisse from any liability it might incur by stopping payment on a cheque or pre-authorized payment on which the cardholder has placed a stop payment order.

10.9 The cardholder 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.

10.10 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 Payments Canada Rule H1. The cardholder 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.payments.ca.

11. CARD OWNERSHIP

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

12. LOST OR STOLEN CARDS

As soon as a cardholder becomes aware of the loss or theft of a card, he/she agrees to notify the Caisse or 1 877 722-2343.

13. PIN CONFIDENTIALITY

13.1 If the cardholder chooses a PIN, he/she agrees not to choose one that may be easily discovered (e.g. date of birth, phone number, address, postal code, social insurance number, health insurance or driver's licence number), otherwise, it will be assumed that he/she contributed to the unauthorized use of the corresponding card, if applicable.

13.2 The cardholder agrees not to divulge any of his/her PINs to anyone, in any way whatsoever, and not to write the PIN on any of his/her cards, nor on any 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 in a manner that constitutes a fraudulent act related to his/her rights, such as a transaction carried out following a fictitious deposit, up to the daily withdrawal limits.

13.3 Should the cardholder become aware of the loss of confidentiality of his/her PIN, or suspect that a PIN is known by a third party, he/she agrees, for the purposes of continuing to carry out secure transactions, to change it immediately within the Caisses Desjardins, New Brunswick and Caisses populaires de l’Ontario ATM network or, should this be impossible, to notify the Caisse or 1 877 722-2343. All transactions carried out after such a PIN change do not meet the definition of “unauthorized transaction”, as defined in the present Terms of Use.

14. PASSWORD CONFIDENTIALITY

14.1 The Caisse will allocate one initial password per card which the cardholder must change the first time he/she uses the card(s). The cardholder agrees not to choose a password that may be easily discovered (e.g. date of birth, phone number, address, postal code, social insurance number, health insurance or driver's licence number), otherwise it shall be presumed that he/she contributed to the unauthorized use of the corresponding card, if applicable.

14.2 The cardholder 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 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.

14.3 Should the cardholder 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 or, otherwise, he/she shall be held liable for any damage(s) occurring as the result of any transactions carried out with this password

15. CONFIDENTIALITY OF PERSONAL PHRASE, IMAGE AND QUESTIONS

15.1 To configure his/her new security settings and log on to an AccèsD Internet session, the cardholder must choose a personal phrase, then memorize the image randomly assigned to him/her. The cardholder may later change this image. The cardholder 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”.

15.2 The cardholder 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 access system, in which case he/she will be held liable, including for any transactions carried out as a result of and 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.

15.3 If, while connecting to the AccèsD Internet service, except for a transaction using the terminal for making AccèsD transactions at the Caisse, or to a service that the cardholder believes to be the AccèsD Internet service, the cardholder 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 Caisse or the AccèsD Internet service at 1 877 722-2343.

15.4 Should the cardholder 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.

16. FEES AND LIMITS

16.1 The cardholder agrees that any transactions that are carried out using one of his/her cards are subject to fees and daily limits. The cardholder also accepts that the card is subject to other fees, such as fees for replacing or issuing an additional card. The Caisse shall communicate the nature of these fees and limits upon request and may change them at any time. Where applicable, the cardholder authorizes the Caisse to deduct fees from his/her folio(s). The cardholder may request that the Caisse change his/her daily withdrawal limits. The Caisse may accept or refuse the cardholder’s request at its sole discretion.

16.2 The cardholder agrees that deposits made using one of his/her cards are subject to an authorized transit.

16.3 The cardholder also accepts that transactions that are carried out at a subsidiary with one of his/her cards are subject to fees. The subsidiary shall communicate these fees upon request and may change them at any time.

16.4 A cardholder's use of the card shall indicate his/her acceptance of changes to the fees and conditions as decreed by the Caisse and/or subsidiary.

16.5 The cardholder acknowledges that merchants and Canadian financial institutions may also impose limits on transactions carried out at their respective businesses, particularly in regards to cash withdrawals.

16.6 Cross-border debit transactions: Any foreign currency purchases made using the Debit Card shall be debited in Canadian funds, the conversion of which will be made using the exchange rate set by Desjardins, or its service provider, at the time of the transaction. Foreign currency conversion fees of 2,5% will be applied to foreign currency transaction amounts converted to Canadian dollars.

17. TRANSACTION CONFIRMATION

17.1 The cardholder acknowledges that the transaction record or the confirmation number issued by the access system constitutes proof that the transaction that he/she carried out was recorded correctly.

17.2 Neither the Caisse nor the subsidiary is obligated to provide other proof of the transaction, unless the cardholder requires it to prevent or settle a dispute and, in this case, he/she shall provide the Caisse or subsidiary with a transaction record or transaction confirmation number. The cardholder 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.

17.3 The cardholder acknowledges that any cheque or account statement sent to the Caisse for the purposes of registering the cardholder 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.

18. TRANSACTION PROCESSING HOURS

The cardholder accepts that the transactions carried out at the Caisse, using one of his/her cards shall be processed as follows2 :

  • from Monday to Thursday before 10:30 p.m.: on the same day;
  • from Monday to Thursday after 10:30 p.m.: dated the following day;
  • from Friday to Saturday before 7:30 p.m.: dated Friday's date;
  • from Saturday after 7:30 p.m. to Sunday inclusively: dated Monday's date.

19. TRANSACTION ACCURACY

19.1 The cardholder accepts that the accuracy of transactions carried out using one of his/her cards via any access system is subject to verification and he/she authorizes the Caisse to proceed with any rectification of the folio(s) associated with one of his/her cards, in the event of an inaccuracy or error, within ten (10) business days following such transactions. The cardholder accepts, in addition, that the accuracy of transactions carried out at a subsidiary using one of his/her cards via any access system, 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.

19.2 The cardholder 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.

20. CONFIDENTIALITY Neither the Caisse nor a subsidiary can ensure the confidential nature of transactions carried out by the cardholder using a non-secure system.

21. EMAIL ADDRESS AND TEXT MESSAGES If the cardholder must provide his/her email 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 cardholder, is never shared with third parties.

22. DISPUTE SETTLEMENT

22.1 The cardholder may, in the event of a dispute in connection with the use of one of his/her cards, his/her access code, his/her password or any of his/her authentication elements, have recourse to a dispute settlement procedure, information for which may be obtained upon request at the Caisse or the subsidiary concerned.

22.2 Furthermore, he/she accepts that any problem related to merchandise delivered or services provided and paid for using one of his/her cards or access code and password is to be settled directly with the merchant or subsidiary concerned and that the Caisse is free of any responsibility in this respect (e.g. interest, penalties).

23. LIABILITY

23.1 The cardholder 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, the impossibility of using an access system due to a malfunction, temporary downtime including the inability to display the authentication elements, misuse, or any other service interruption of such systems that may be caused by actions beyond the control of the Caisse or subsidiary, including labour disputes and equipment failure. However, the cardholder shall not be held responsible for monetary losses resulting from technical malfunctions of the Caisse computer system.

23.2 When unauthorized transactions are carried out using the cardholder's card, the cardholder shall not be held liable for those transactions.

23.3 The cardholder agrees to notify the Caisse or subsidiary of any changes to his/her personal information that could affect the transactions carried out using one of his/her cards (e.g. address, phone number, or client number, in the case of a supplier of services or products). The cardholder 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 cardholder by a supplier of products or services.

24. OTHER AGREEMENTS

The cardholder acknowledges that his/her relationship with the Caisse and/or 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.

25. CHANGES TO THE PRESENT TERMS

25.1 The cardholder acknowledges that the Caisse may, unilaterally and without prior notice, change these present terms and provide notification of that fact by posting notices at various access system locations managed by the Caisse or distributing them via said access systems (e.g. sending a message, notice in message box) or through other means. The cardholder may obtain a copy of said notice or of the revised terms upon request at the Caisse. A copy of the amended terms are available on www.acadie.com/Termsofuse

25.2 The updated Terms of Use for the Debit Card are included each time a card is issued or replaced.

25.3 Transactions carried out by the cardholder using one of his/her cards after changes to or after receipt of the Terms of Use for the La Populaire Card constitutes acceptance of those changes and Terms of Use.

26. APPLICATION OF THE PRESENT TERMS TO ALL DEBIT CARDS

These Terms of Use for the Debit Card, as they may be amended from time to time, also apply to any replacement cards.

27. NOTICE

With the exception of notices that must be sent in accordance with the last paragraph of section 24, any notice needing to be sent to the Caisse in accordance with the terms of this agreement may also be communicated by calling 1 877 722-2343.

28. CARD CANCELLATION

The cardholder may cancel one of his/her cards and terminate this agreement at any time by contacting the Caisse. The Caisse may also cancel a card it has issued and terminate this agreement, temporarily or definitively, in which case it will not be held responsible for any losses resulting from this action.

29. CODE OF PRACTICE

This agreement was drafted in keeping with the Canadian Code of Practice for Consumer Debit Card Services. A copy of the Code is available upon request from the Caisse.

1 With the exception of stop payments made on cheques and pre-authorized payments, and some bill payments made at ATMs.

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