IDEAL SAVINGS Account Agreement Terms and Conditions

Transcription

1 IDEAL SAVINGS Account Agreement Terms and Conditions Please take the time to carefully read all of these terms and conditions. 1. Ideal Savings A Division of Carpathia Credit Union Limited Ideal Savings is a Division of Carpathia Credit Union Limited. All references to Ideal Savings are as a Division of Carpathia Credit Union Limited. By opening your Ideal Savings account, you are becoming an Associate of the Credit Union and are confirming acceptance of the following "Terms and Conditions" which set out the business relationship between the Associate(s) and Ideal Savings. 2. Account Agreement Wherever the terms "I", "me" or "my" are used, they mean the person or persons who signed the Account Application. Wherever the terms "you" and "your" are used, they mean Ideal Savings. Wherever the term "payment order" or payment orders is used, it means any order by one person directing another to pay money, including cheques, withdrawal instructions, automated funds transfers, direct deposits, pre-authorized debits and any other orders communicated in writing or by means of a computer or telecommunications or digital device. Any terms set out in this Account Agreement that clearly do not apply to the Associate should be disregarded. Where I sign a document that you provide that contains reference to a Member or Members, such reference will be deemed a reference to an Associate or Associates and such document will apply to me even though it might refer to me as a Member and not as an Associate. By signing the Account Application, the Associate requests and authorizes Ideal Savings to open an Account to which Ideal Savings will assign an Account number and which the Associate shall be entitled to operate various accounts utilizing the services provided by Ideal Savings. All Accounts and activity therein are collectively bound by the Terms and Conditions of this agreement. This Account number does not allow the Associate to access any of the services provided through the Credit Union s branches. Ideal Savings accounts do not qualify for the Credit Union s Member Equity Plan. Both at the time of Account Application with Ideal Savings and throughout the duration of hold on account(s) with Ideal Savings, each Ideal Savings Associate must be 18 years of age or older, hold a valid Canadian Social Insurance Number, reside in Canada (excluding Quebec), and meet the eligibility requirements of the Credit Union. Associate Status Carpathia Credit Union Limited is a closed bond credit union, the membership in which has been restricted in accordance with its Articles. The Credit Union has, however, established a provision for the admission of Associates that allows it to do business with individuals, corporations and organizations who do not otherwise qualify for membership. By signing the Associate Application, the Associate requests Associate status in the Credit Union. An Associate has access to the same products and services that are available to Members, will be charged the same fees and earn the same rates. In effect, an Associate will be treated in an identical fashion to Members in all respects, with the exception of the following: (i) an Associate cannot hold or purchase common shares in Carpathia; (ii) an Associate is not entitled to vote at any meeting of the Members; and (iii) an Associate is not eligible to become an officer or director of the Credit Union. Application of Account Agreement This Account Agreement will apply to all of the persons who have signed the Account Application (if more than one) jointly and severally even if, for some reason, the Account Application has not been effectively signed by every person who had been intended to sign it. This Account Agreement will be binding on me and on my estate even if I should die, lose mental capacity or become a bankrupt. This Account Agreement will apply to all accounts opened by you for me from time to time, unless you have opened an account for me under a different Account Agreement and then such other Account Agreement will apply to the accounts opened under it. The types of account to which this Account Agreement applies can include RRSP, RRIF, TFSA, GIC, savings, and any other types of account that you might offer. Consent to Credit Investigation I hereby agree to the conduct of a personal investigation by or for the Credit Union including the use of my Social Insurance Number(s). The personal investigation may involve enquiries from any credit bureau, as well as any current or former financial institution, lender, landlord or employer. This is to allow the Credit Union to assess credit worthiness now

2 and in the future. The information to be collected relates to borrowing and repayment history and performance. The Credit Union is authorized to disclose financial information to other financial institutions, lenders or credit bureaus, on direct enquiry by any of them to allow ongoing assessment of my credit worthiness now and in the future and I agree to indemnify the Credit Union from any claims arising from any such disclosure by the Credit Union. This consent, authorization and indemnity shall continue in effect as long as my Account in the Credit Union continues. Joint Accounts If two or more natural persons signed the Account Application, the account will be joint with right of survivorship and the authority to give payment orders will be as set out in the Account Application and could be authorized by any of the signors. All obligations under this Agreement, including the obligation to pay all overdrafts, all interest charges and fees will be a joint and several. Upon the death of one of the account holders, the surviving individual becomes the owner of the account and will have the legal right to withdraw all funds (as opposed to Power of Attorney), regardless of who deposited the funds into the account. According to the law, all holders of this account have full control and access, regardless of who owned the funds. Upon the death of one of the account holders of this account, all funds in the account will not form part of the estate of the deceased. All funds belong to the surviving account holder. If one holder on this account is divorced, declares bankruptcy, has a garnishment against them or other governmental orders, the funds could form part of the assets of all holders. In these cases, the assets of the account could be affected since the Credit Union must comply with all judicial court orders. Upon the death of one of the account holders, the surviving individual is not automatically the beneficiary of the funds in any registered products (RRSP/RRIF/TFSA). Upon the death of one of the account holders, all term deposits (GIC) will maintain the same conditions that were initially accepted at the time of purchase (non-negotiable term before maturity date). All T5s issued for this account are the responsibility of all account holders. Even though a holder of this account has named someone other than the other holder as executor of his/her will, the executor appointed will not have access to account since all the funds will not form part of the estate. The account cannot be changed from a joint account to an individual account without the consent of all joint holders. Statements I understand that a paper statement will not be issued and that at any time I may access all account information through the Ideal Savings online banking interface. I agree that it is my responsibility to examine and verify all transactions processed through my account(s). The term Discrepancies is defined as any real or apparent error, omission, or unauthorized, forged and/or fraudulently obtained, executed or communicated transaction, charge or payment order debited to my account. Notwithstanding any timeframe set out in the Account Agreement, I will report, in writing, any Discrepancies within 30 days of the posting date. Ideal Savings shall not be liable to me for any Discrepancies reported by me unless I report them within the timeframes set out above. Fees and Charges I agree to pay the usual charges and fees set by you, from time to time, including any costs incurred in providing information about my accounts to me or to those who are authorized by this agreement, by law or by me to request information and I agree that you may debit my account for such charges and fees. You will make a list of your usual charges and fees available to me, but I agree that you may change the amounts of your charges and fees without actual notice to me. Overdrafts and NSF Items I agree that I will not issue any payment order that would result in the Account being overdrawn unless I have first made arrangements with you and those arrangements are in compliance with your overdraft policies. You may debit one account to cover an overdraft in another account (except RRSP/RRIF/TFSA accounts), at your discretion.

3 Deposits to Account Ideal Savings will accept only Canadian funds drawn on a Canadian financial institution. You may accept payment orders on deposit to my account or on collection and may use the services of another financial institution or other agent as determined best by you to present a payment order for payment, acceptance or collection. I waive, as far as possible, all requirements of any legislation governing payment orders and agree that I will not hold you responsible if any payment order payable to or endorsed to me is not honoured. I will indemnify you against all claims made against you or liability incurred by you in connection with any payment order deposited to my credit, including payment orders that have forged or unauthorized signatures or endorsements and those that have been countermanded. I also agree to pay to you, and I agree that you may debit my account with, the amount of any payment orders that I or others may deposit to my account or that l may cash (if your policies allow me to cash payment orders) and that are not honoured or paid to you. Withdrawals from Account You may debit my account the amount of any payment order communicated to you by any means unless you have reason to believe that the payment order is not proper or unless I have countermanded that order by any verifiable means. You are not obliged to certify any payment order made by me. If you do not honour a payment order because you do not believe it to be proper, I agree that you will not be responsible for any damage resulting to me. If I have more than one account, you may debit any one of them, even if the payment order refers to a particular account. I will be responsible for the accuracy and validity of any pre-authorized debits (PADs) from my account unless I report any errors within the applicable period (10 business days for business PADs and 90 calendar days for consumer PADs). RRSP/RRIF/TFSA Accounts The provisions of this Account Agreement as they relate to joint accounts (including the application of monies from one account against debits in another and closing accounts) do not apply to any Registered Retirement Savings Plan (RRSP) or Registered Retirement Income Fund accounts that I may open with you. I agree that each RRSP, RRIF, and Tax Free Savings Account (TFSA) account will be subject of a separate agreement between us and that such separate RRSP, RRIF and TFSA agreement will apply in the event of a conflict between it and this Account Agreement. Holds on Funds I indemnify Ideal Savings against all claims made against you and/or liability incurred by you as a result of or with respect to any payment orders deposited to the Credit Union including but not restricted to, such as may be or contain forgeries or unauthorized signatures. Ideal Savings reserves the right to place a hold on any deposit for a period of up to 10 calendar days. During this period, such funds will earn interest from the date the deposit is made, but be unavailable for withdrawal. Closing Account You may close any account that is not an RRSP/RRIF/TFSA, without notice, to me without affecting any other accounts operated under this Account Agreement, and I agree that any outstanding charges against that account may be debited to another account. Either you or I may, on written notice, close the Account. Limitations on Ideal Savings Carpathia Credit Union Limited (including the Ideal Savings division) is governed by the Laws of Manitoba, including The Credit Unions and Caisses Populaires Act (Manitoba). Nothing herein contained shall limit or merge the rights of Ideal Savings a Division of Carpathia Credit Union Limited under its by-laws or The Credit Unions and Caisses Populaires Act (Manitoba) or given by any other agreement, statute, regulation, document or security and all rights of the Credit Union shall be cumulative. Insurance Where I have requested insurance with respect to any deposit or loan account with you, I agree that the terms of any master policy that you have with the insurer, including any limitations on coverage, will apply to and be binding on me. Identification I agree that I may, from time to time, authorize you to accept a mechanical, computer generated or digital version of my signature. If I have authorized you to accept a mechanical, computer generated or digital version of my signature, you are entitled to accept instructions that contain such mechanical, computer generated or digital version of my signature and to rely on them as having been authorized by me, until you receive actual notice from me that I have cancelled that authority.

4 I agree as well that my use of any card, personal access code, password or personal identification number issued to or chosen by me in connection with my account is at my sole risk and responsibility. You will not be responsible for any unauthorized use of any card, personal access code, password or personal identification number or any loss that I may suffer because of unauthorized use until I have actually communicated to you that such use is unauthorized. I am fully responsible for maintaining the security of all cards, personal access codes, passwords and personal identification numbers issued to or chosen by me in connection with my account. Continuous Agreement This shall be a continuing agreement binding upon me and upon my respective heirs, administrations, successors, and assigns. Legislation Nothing in this Account Agreement alters any provision of The Credit Unions and Caisses Populaires Act or any regulation under that Act. The Laws of Manitoba apply to this Account Agreement and to any disputes relating to it. Notices Either you or I can give notice to the other in writing (at the addresses shown on the Account Application or as changed and communicated from time to time) or by such electronic or digital means as may be convenient. If electronic or digital means are used, both you and I must have access to such means of communication and the communication must be transmitted and received in a way that is reliable and can be confirmed. 3. Debit Card Agreement Nature and Purpose of the Debit Card I will use the Debit Card only for the purpose of obtaining such services as are agreed upon between me and Ideal Savings. On thirty (30) days written notice, you may add to or delete from the types of use that are permitted, and the issuance of the Debit Card does not amount to a representation or a warranty that any particular type of service is available or shall be available at any time in the future. This agreement, and the fact that I have the use of the Debit Card, does not give me any credit privileges or any entitlement to overdraw my Account. Confidentiality and Personal Identification Number (PIN) I will not select an obvious combination of digits for my PIN (e.g. address, card number, account number, telephone number, birthdate or Social Insurance Number). I understand that my Credit Union has only disclosed the PIN to me and to no one else, and I will never, under any circumstances, disclose my PIN to any other person. I will not use my PIN as my telephone or online access code. I will not keep a written record of the PIN, unless the written record is not carried next to the Debit Card and is in a form indecipherable to others. I will always screen the entry of the PIN with my hand or body. Withdrawals and Deposits Unless I have made other arrangements with you, amounts credited to my Account as a result of deposits using the Debit Card will not be available for withdrawal until the deposits are verified and negotiable items such as cheques are honoured. Withdrawals or transfers effected by the use of the Debit Card will be debited to my account as of the time they are made. I will not deposit any coins, non-negotiable items or anything not acceptable for deposit to my Account into any automated teller machine, and will pay you any damages, costs or losses suffered by you as a result of any such deposit. Consequences of a Breach of Card Security Once I have requested and first used the Debit Card service, I will be liable for all authorized and unauthorized uses of the Debit Card by any person up to my established withdrawal limit (including funds accessible through a line of credit or overdraft privilege), prior to the expiry or cancellation of the Debit Card. However, in the event of alteration of my Account balance due to technical problems, card issuer errors and system malfunctions, I will be liable only to the extent of any benefit I have received, and will be entitled to recover from you any direct losses I may have suffered. You will have the discretion to relieve me from liability for unauthorized use of my Debit Card either through no fault of my own or in a case where I have inadvertently contributed to the unauthorized use of my Debit Card and I will co-operate in an investigation. You will not be liable to me for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a Point-of-Sale Transaction. I understand that I must not use my Debit Card and PIN for any

5 unlawful purpose, including the purchase of goods and services, prohibited by local law applicable in my jurisdiction. Lost or Stolen Card, or Compromised PIN If I become aware that the Debit Card is lost or stolen, or that the PIN has been made accessible to another person, I will notify you or its agent immediately, whereupon the Debit Card will be cancelled or the PIN changed. The instant such notice is actually received or when you are satisfied that I became the victim of fraud, theft, or coercion by trickery, force or intimidation, my liability for further use of the Debit Card will terminate, and I will be entitled to recover from you any further losses suffered by me through the use of the Debit Card. Procedures for Addressing Unauthorized Transactions and other Transaction Problems In the event of a problem with a Debit card transaction, or unauthorized Debit Card transaction, other than a matter related to goods or services provided by Merchants, I will report the issue promptly to you and you will investigate and respond to the issue on a timely basis. You will not unreasonably restrict me from the use of any funds subject to dispute, provided that it is reasonably evident that I did not contribute to the problem or unauthorized transaction. You will respond to my report of a problem or unauthorized transaction within 10 business days and will indicate what reimbursement, if any, will be made for any loss incurred by me. Reimbursement will be made for losses from a problem or unauthorized use in this time frame provided that on the balance of probabilities it is shown that I did not contribute knowingly to the problem or unauthorized transaction and that I took reasonable steps to protect the confidentiality of my PIN. An extension of the 10-day limit may be necessary if you require me to provide a written statement or affidavit to aid its investigation. Dispute Resolution If I am not satisfied with your response, you will provide me, upon request, with a written account of its investigation and the reasons for its findings. If I am not satisfied, the issue will be referred to either a Credit Union system dispute resolution service or external mediator, as agreed between me and you. Neither you nor I will have the right to start court action until 30 days have passed since the issue was first raised with you. Any dispute related to goods or services supplied in a Point-of-Sale Transaction is strictly between me and the Merchant, and I will raise no defense or claim against you. Fees I acknowledge having been advised of, and will pay, the applicable fees now in effect for services available under this agreement. New or amended fees will only become effective 30 days after publication by you. Foreign Currency Transactions If the Debit Card is used in connection with a transaction in foreign currency, I understand that the rate of conversion into Canadian currency will be fixed according to the rules of the electronic network through which the transaction is conducted. Evidence of Transactions A paper Transaction Record dispensed mechanically as a result of the use of the Debit Card constitutes a record of my instructions. Whether such a Transaction Record is issued or not, it is my responsibility to verify that the transaction has been properly executed by checking the periodic statement itemizing transactions. In the absence of evidence to the contrary, the records held by you are conclusive for all purposes, including litigation, in respect of any instructions given by me to you through the use of the Debit Card; the contents of any envelope deposited by me into an automated teller machine; the making of a withdrawal, deposit or transfer through the use of the Debit Card; and any other matter or thing relating to the state of accounts between me and you in respect of any electronic transaction. Scope of Agreement This agreement replaces any prior agreement governing the use of the Debit Card and the PIN, but does not replace or supersede any agreement or provision of any agreement relating to any loan, credit facility or the operation of any Account. This agreement applies to any Account specified herein and, as well, to any other account designated by me from time to time for use in connection with the Debit Card. Termination of Agreement Ideal Savings remains the owner of the Debit Card. It may restrict the use of the Debit Card, or may terminate this agreement and my right to use the Debit Card, at any time without notice. I will return the Debit card to my Credit union upon request. Cardholder Privacy

6 I acknowledge that you have policies to protect my privacy and that I may obtain particulars upon request, I hereby agree to the use of my personal information by you and its affiliates to monitor use of financial services in order to detect fraud, develop needed products and services. However, if I have given or hereafter give express consent to the collection, use and further disclosure of my Personal Information by you in a form and content that is more permissive than the consent provided herein, the other form of consent shall govern our relationship. I may withdraw my consent at any time by contacting the Credit Union's Privacy Officer. Code of Practice I understand that the Credit Union system, in concert with the banking industry, has endorsed the voluntary Canadian Code of Practice for Consumer Debit Card Services, a copy of which is available from you on request and Credit Unions will be guided by the principles of the Code in administering the operation of Debit Card matters. Interpretation and Definitions This agreement is intended to be interpreted in accordance with its plain English meaning. Except where otherwise indicated, capitalized terms are used in accordance with the definitions set out in the Canadian Code of Practice for Consumer Debit Card Services. For the purposes of this agreement, Point-of-Sale Transaction means the use of the Card to conduct a contact transaction with its associated PIN or a contactless transaction without the card's associated PIN for such of the following purposes as may be permitted from time to time by you: (a) the transfer of funds from my Account to purchase or lease goods or services from a seller, lessor or service provider (a Merchant) ; (b) the transfer of funds from my Account to obtain a voucher, chit, scrip, token or other thing that may be exchanged for goods, services or money, or (c) the transfer of funds into my Account from an Account of a Merchant (e.g. a refund). 4. Online Internet Banking I agree to use Ideal Savings Online Internet Banking only for the purpose of obtaining such services as are agreed upon between me and Ideal Savings. I understand these terms and conditions must be read together with Ideal Savings Online Internet Banking Terms and Conditions, which are made available on Ideal Savings home page under Forms & Agreements. Once I have requested and first used the online service(s), I will be liable for all authorized and unauthorized uses by any person. However, in the event of alteration of the balance of my account(s) due to technical problems and system malfunction, I will be liable only to the extent of any benefit I have received, and will be entitled to recover from Ideal Savings any direct losses I may have suffered. Ideal Savings will have the discretion to relieve me from liability for unauthorized use in a case where I have inadvertently contributed to the unauthorized use. I understand that only Ideal Savings Online Internet Banking" is a secure site. On other parts of the Ideal Savings website (including electronic mail), the confidentiality and security of information transmitted over the Internet cannot be ensured and Ideal Savings will not be responsible for any damages that I may incur if I communicate confidential information to Ideal Savings over the Internet or if Ideal Savings communicates such information to me at my request. Links to other websites or references to products, services or publications other than those of Ideal Savings do not imply the endorsement or approval of such websites, products, services or publications. I will maintain the confidentially of Online Internet Banking access code(s) and under no circumstances disclose it to any other person. I will not keep physical record of the access code(s) unless the record is in a form indecipherable to others. 5. Bill Payments

7 The bill payment service is included within the Online Internet Banking service options. Vendors are added online or by written request to Ideal Savings. Vendors added online will be deemed to have been authorized by me, although Ideal Savings may contact me for verification for any requests to add a new vendor to the account. I authorize Ideal Savings to debit the account for all bill payments initiated through the account. I understand that it may take up to 3 (three) working days for a payment to be processed and that I am responsible for any charges resulting from a late payment to a vendor. 6. Instructions In some cases, you may advise me that s to Ideal Savings are acceptable. I authorize you to accept such signed instructions or documents without any further verification, and I agree to be responsible for these instructions. I agree that what, in your sole determination based on your records, appears as my signature on such instructions or documents binds me legally and makes me responsible to the same extent and effect as if I had given original, signed, written instructions or documents to you. You will advise me as to what kind of instructions and documents are acceptable by . You may verify ed communication or the source of the communication before accepting them, but you are not obligated to do so. In addition to communication by voice and mail, I authorize Ideal Savings to communicate with me by online notices or to my personal communication devices at such numbers or addresses as I provide to you. 7. Privacy I acknowledge that Ideal Savings has policies to protect my privacy and that I may obtain particulars upon request. These terms and conditions must be read together with Ideal Savings Privacy Terms and Conditions, which are made available on Ideal Savings home page under Forms & Agreements. 8. Marketing and Communications I acknowledge that by agreeing to the Terms and Conditions I have subscribed to the Ideal Savings marketing list and will be sent general information about my account and communications about Ideal Savings products and promotions. The option to unsubscribe from the marketing list will be available to me in all marketing s sent on behalf of Ideal Savings. 9. Guaranteed Investment Certificate (CIC) Agreement I understand that unless otherwise directed by me, all maturing GICs will automatically be reinvested for the same term, at the interest rate in effect on the renewal date. Interest is calculated on the basis of 365 days. Non-registered GIC interest is compounded annually or paid annually in your Ideal Savings savings account. On an RRSP GIC/RRIF GIC/TFSA GIC the interest is compounded annually. 10. Deposit Guarantee All Ideal Savings deposits and interest are guaranteed without limit by the Deposit Guarantee Corporation of Manitoba (DGCM). As established under The Credit Unions and Caisses Populaires Act (Manitoba), the DGCM is required by law to guarantee, without limit, all deposits at a Manitoba credit union. See the DGCM website for more information. 11. Receipt of Copy of Agreement I acknowledge the receipt of a true copy of this agreement and acknowledge further that this agreement does not require signature by The Credit Union to be effective and binding on both parties. 12. Right to Amend Terms and Conditions I acknowledge that Ideal Savings may change these Terms and Conditions at any time and from time to time. The revised Terms and Conditions will be posted on the Ideal Savings website and will be effective as against me thirty (30) days thereafter, without further notice or acknowledgement to me.