Terms and Conditions
Terms and Conditions
These terms and conditions (the "Terms") govern your use of CWB.digital® services which you have selected under your Account Agreement with the Bank and form part of your Account Agreement. Any undefined term used in these Terms shall have the meaning provided in the Account Agreement.
"CWB.digital® services" means both the Transaction services and the Viewing services available through the use of the password in combination with the Website and Equipment.
“Data Transfer” means the process of transferring or sharing, upon your authorization, your data with or to one or more Third Party Applications.
"Equipment" means your personal computer equipment or other device which when used in combination with the Website and the password permit access to the CWB.digital® services.
“E-Transfer" means the electronic transfer of funds to a designated recipient using the process provided through CWB.digital® services.
“Password” means the secret word selected by the you for your use, which, when used with the Website and Equipment, permit access to the CWB.digital® services.
"Service Schedule" means the additional terms applicable to each cash management product made available pursuant to this Agreement;
“Third Party Application(s)” means all products and services developed by third parties that you use in or through CWB.digital® services and/or authorize to access your data.
"Transaction services" means the viewing services and any transaction performed on the Account under these Terms including without limitation transferring funds, placing, and releasing of stop payments on cheques drawn on the Account and making payments from the Account to third parties and "Transaction" means any transaction conducted using the Transaction Services.
"Viewing services" means reviewing records of the Account only and does not mean any of the other Transaction Services.
"Website" means the designated website of the Bank used to access the CWB.digital® services.
2. Use of CWB.digital Services
You may use the CWB.digital® services to access viewing services for the account or to conduct any permitted transaction services with respect to the account, based upon the option you have selected. You agree to follow the instructions of the Bank in effect from time to time with respect to the use of the CWB.digital® Services.
When a password is used to access the CWB.digital® services, the authorization given at that time will be treated as if it was given by you in person, and you agree to be bound by each such authorization and in addition, in the case of transaction services, by each Transaction. You irrevocably authorize and direct the Bank to debit or credit, the amount of any transaction to the account at the time of the transaction, in accordance with the Bank's normal practices. The Bank's practices respecting the debiting or crediting of any transaction under any of the transaction services may be revised from time to time with or without notice to you.
You agree not to conduct or try to conduct any transaction that would result in a negative balance in the account or would exceed the unused balance of any authorized overdraft or line of credit, if available. You agree to indemnify the Bank for all liability or loss arising out of any such transaction.
You acknowledge that although the Bank uses security safeguards to protect against loss, theft, and unauthorized access, because of the nature of data transmission over the Internet, security is not guaranteed, and information is transmitted at your risk.
You acknowledge that the availability of the CWB.digital® services depends on telecommunication lines, computer hardware and software, and other equipment belonging to the Bank and third parties. You agree the Bank will not be liable for any loss, damage (direct, indirect or consequential), delay or inconvenience whatsoever caused by, or arising from, the provision of, or failure to provide, services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the Bank be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.
4. Confidentiality of Password
The password is for your use alone and may not be assigned or transferred. You agree to keep the password confidential and not to disclose it to any person. You agree not to record the password in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Bank recommends that you change your password on a regular basis, such as every ninety (90) to one hundred and twenty (120) days or if you believe that the password may have become known to a third party.
5. Transaction Verification and Records
All Transactions are subject to verification and acceptance by the Bank, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date you authorized the Transaction, which may affect the Transaction date.
The Bank's records of each Transaction, and the Bank's accounting records, will be deemed to be correct, and will be conclusive and binding upon you. Any record of a Transaction generated by the Bank will be for your convenience only. If you believe that the Bank's records contain an error or omission, you must give written notice of the suspected error or omission to the Bank within the time provided in the Account Agreement.
If the Bank makes an error or omission in recording any Transaction, the Bank will only be liable for the amount of the error or omission if you have given written notice to the Bank within the time provided in the Account Agreement. If you have given such notice, the Bank's liability is limited to the amount of the error or omission, plus any applicable Service Charges that may have been charged to you by the Bank. Specifically, you agree that the Bank will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.
6. Transaction Processing
Except for a transaction which is authorized to take effect on a future date (which can be revoked or countermanded prior to such date), once the password is used by you to conduct a transaction by accessing the CWB.digital® Services, you may not revoke or stop any such transaction once the transaction request has been processed. When you use the transaction Services to make bill payments from the Account, transfer funds to another customer's account or otherwise transfer funds out of the Account, you are responsible for ensuring the accuracy of any billing account number, customer
account numbers or other recipient account numbers to which you intend to transfer funds. The Bank will not be liable for any loss or damage because of funds being transferred to the wrong recipient caused by you providing the wrong account number. The Bank will not be responsible or obligated to retrieve or return such funds to you. The Bank reserves the right to apply daily limits and transaction limits.
You acknowledge and agree that bill payments made through the CWB.digital ® Services are not processed immediately and that it is your responsibility to ensure that bill payments are initiated in sufficient time for the payment to be received by the bill payment recipient before its due date. The Bank will not be liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising because of a delay in the processing of bill payments.
Note: Payments made in the same amount on the same day to the same vendor will cause one of the payments to reject.
E-Transfers are only available in Canadian dollars. The Account will be debited as soon as you initiate an E-Transfer and the Bank may hold the E-Transfer amount until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled. The Bank has no obligation to pay and will not pay interest on an E-Transfer amount for any reason. To the extent permitted at law, the Bank is deemed to have a security interest in an E-Transfer amount from the time the account is debited until the recipient successfully claims the E-Transfer or the E-Transfer is cancelled. E-Transfers sent and received through CWB.digital® are subject to number and dollar limits that may change from time to time without prior notice to you. An E-Transfer notice advising the recipient of the E-Transfer will be generated approximately 30 minutes after you originate the E-Transfer. If you are the sender, you agree to keep the E-Transfer answer that you share with the recipient (the "E-Transfer Answer") confidential and agree that you will not disclose it or share it with anyone but the intended recipient. The recipient must correctly provide the E-Transfer Answer to claim or decline the E-Transfer. The Bank, the receiving financial institution, their clearing organizations, and service providers are entitled to pay an E-Transfer amount to anyone who, using the E-Transfer process, claims to be the recipient and successfully provides the E-Transfer Answer. The Bank will not be liable for losses or damages incurred because of a person other than the intended recipient guessing or obtaining the E-Transfer Answer. If you are the sender of an E-Transfer, you agree not to include the E-Transfer Answer in the transfer details. If you are the recipient of an E-Transfer, you agree not to disclose the E¬ Transfer Answer except as required to claim or decline the E-Transfer.
The recipient may claim an E-Transfer using the online banking services of the recipient's financial institution. If the recipient declines an E-Transfer that you initiated, the E-Transfer will be returned to you. While funds are expected to arrive in the recipient's account within 3 to 5 business days from the day the recipient successfully claims an E-Transfer, the Bank does not guarantee the date of deposit. If the recipient successfully claims the E-Transfer but provides incorrect account information, the Bank's clearing organization or its agent may request correct account information from the recipient or may initiate another claim process.
If you are the sender, an E-Transfer will be returned to you:
i) if the recipient does not claim the E-Transfer within 30 days of the date the E-Transfer is initiated.
ii) if the E-Transfer cannot be successfully sent to the recipient's electronic address as provided by you; or
iii) if the recipient declines the E-Transfer.
You are responsible for providing the recipient's correct electronic contact information and as a condition of using the Bank's E-Transfer service, agree that the recipient has consented to your collection, use and disclosure of the recipient's electronic contact information for E-Transfers, including without limitation, to its disclosure to the Bank, the recipient's financial institution, the Bank's clearing organization and their service providers.
The Bank may cancel an E-Transfer if it has reason to believe that a mistake has occurred or if it believes that the E¬ Transfer is a product of unlawful or fraudulent activity. If you are the sender, you may cancel an E-Transfer up to the time the recipient successfully claims it. If you are the recipient of an E-Transfer, you acknowledge that an E-Transfer may be cancelled up to the time you successfully claim the E-Transfer.
The Bank may cancel, suspend or refuse to provide an E-Transfer for you or the E-Transfer service at any time in its discretion. The Bank will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing an E-Transfer or for an E-Transfer claimed by someone other than the intended recipient. The Bank will not be responsible or liable for any losses or damages incurred as a result of funds held and/or limits set by the Bank, its clearing organization or any service provider. All disputes regarding E¬ Transfers will be handled directly between the sender and the recipient.
8. Stop Cheque Payments and Cancellation
A stop payment is an instruction by you to the Bank to refuse payment if that cheque is presented to the Bank for payment. A cancellation of stop payment negates a stop payment. You acknowledge that the Bank cannot stop payment of a cheque which has cleared your Account or has been negotiated at a Bank branch and a cheque can only be stopped if all information required by the on-screen prompts is provided including the number of the Account and the serial number, date and amount of that cheque. The Bank may accept your instruction to stop payment on a cheque without determining whether the cheque has been honoured on presentment. You agree that the Bank is not liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising from the Bank complying or failing to comply with a stop payment or a cancel of a stop payment.
9. Stop Preauthorized Payment
A stop preauthorized payment is an instruction by you to the Bank to refuse payment if the preauthorized payment is presented on the Bank. You acknowledge that the Bank cannot stop a preauthorized payment which has been paid on your account and the payment can only be stopped if all information required by the on-screen prompts is provided including the number of the account, payee, reason and the serial number, next payment date, start date, end date and amount of that payment to be stopped. The Bank may accept your instruction to stop a preauthorized payment without determining whether the payment has been honoured. You agree that the Bank is not liable for any cost, expense, loss, damage or inconvenience of any nature or kind whatsoever arising from the Bank complying or failing to comply with a stop preauthorized payment.
10. Your Liability
You are responsible for each transaction carried out through the use or misuse of the password. All transactions will have the same effect as if signed in accordance with the Account Agreement. The Bank will not be liable in any way to any person, including you, or one or more joint account holders, for transactions even if funds from the Account are used for the benefit of only one joint account holders or of anyone other than you. You are responsible for verifying the completeness of every transaction that you initiate using CWB.digital® services.
You agree to notify the Bank immediately, in writing, if you believe that your password may have become known to anyone other than you.
You are liable for all unauthorized use of the password until such notification is made and acknowledged, in writing, by the Bank. Until the Bank's acknowledgment is received by you, notification is not deemed to be acknowledged by the Bank.
If you are the joint holder of the Account, then each joint holder of the Account will be jointly and severally liable for all Transactions conducted using the CWB.digital® services with the respect to the Account.
In no event shall the Bank be responsible or liable at law or in equity for any claim, demand or loss, whether based on contract, tort (including negligence), or any other theory of liability, or for direct, indirect, special, incidental or consequential damages (including loss of profits) howsoever caused as a result of a password becoming known to or used by third parties.
11. No Representations
The Bank expressly disclaims all representations, warranties, and conditions, express or implied, not contained in these Terms including, but not limited to, implied representations, warranties and conditions of quality, merchantability, performance and fitness for a particular purpose. Without limiting the generality of the foregoing, the Bank does not represent or warrant that CWB.digital® services or the Website will be available at all times, or will function without interruption, that they are free from errors or defects, or that use of CWB.digital ® Services or the Website will be free of viruses, Trojan horses, worms or other destructive components.
You agree to indemnify, defend and hold harmless the Bank and its directors, officers, employees, agents and independent contractors from and against any and all actions, claims, costs, damages, demands, expenses, fees (including without limitation, reasonable legal fees and disbursements, on a solicitor and his own client basis), liabilities and losses (including amounts paid in settlement) whatsoever incurred or paid (a) in connection with or arising out of any misuse of CWB.digital® services or the Website by you; (b) as a direct or indirect result of your negligence, wrongful act, or omission; or (c) any third party claim brought against the Bank by a third party, based upon the misuse of CWB.digital® Services or the Website by you.
The Bank may, after providing not less than five (5) days’ notice to you, withdraw permission to use any of the CWB.digital® services without being liable for any loss resulting from such action. Notice may be personally delivered or mailed to your address shown on the Bank's records for the Account or be otherwise made available to you. If mailed, the notice will be deemed to have been received by you three (3) business days after it was mailed.
You may terminate your use of CWB.digital® services by delivery of a written notice to the Bank not less than five (5) days prior to the termination date stated in the notice. Notice must be received by the Bank to be effective.
The termination of CWB.digital® services for any reason will not relieve you of any accrued obligation with respect to the CWB.digital®.
14. Suspension of Access
The Bank reserves the right to suspend your right to access CWB.digital® services in whole or in part, if the Bank reasonably believes that you or any unauthorized person or thing has used or accessed, or you have permitted the use of or access to, the CWB.digital® services in a manner that threatens the integrity of the Bank or CWB.digital® services or any equipment or services of the Bank or its contractors, or that contravenes any applicable laws or any third-party proprietary rights.
15. Canadian Western Bank My Business Service
Your use of the Canadian Western Bank “My Business” program (the "My Business Service”) indicates that you’ve read, understand, and agree to the terms and conditions contained in the of Canadian Western Bank MB Service Schedule, Canadian Western Bank's (“CWB”) Website Terms and Conditions, Business Account Agreement, and Privacy Statement. You also agree and understand that any other agreements that apply to any products and services that you may have with CWB will also continue to apply when you use the My Business Service.
16. Data Transfer
The Bank may use (and provide to third parties) a service for Data Transfer in order to, among other things, facilitate certain interoperability, data integration, and data access between CWB.digital® services and the applicable Third Party Application. By signing up or by using any Third Party Applications, you agree that: (i) the Bank may transfer your data to all Third Party Applications you request subject to the Third Party Application terms and conditions; and (ii) the Third Party Application provider may transfer your data from the Third Party Application to CWB.digital® services for use in accordance with the Terms. You grant all rights to use your data as reasonably necessary to facilitate the Data Transfer to Third Party Application providers and you acknowledge that Third Party Application providers may be located in a country that does not have adequate security controls to protect your data.
Please carefully review the Third Party Application terms and conditions. If you do not agree with the terms and conditions of any Third Party Application, including Data Transfer, you should not use or access the Third Party Application or permit it to have access to your Software data. Please contact the Third Party Application provider for technical issues with the Third Party Application or Data Transfer to and from CWB.digital® services and the Third Party Application.
The Bank Has No Responsibility for Third Party Applications or Related Data Transfers. You agree and acknowledge that (i) the Bank has no control over any Third Party Applications; and (ii) the Bank does not endorse or recommend Third Party Applications even if they are marketed or distributed via CWB.digital® services, or other products or websites, or otherwise associated with the Bank. You agree that the Third Party Application providers, and not the Bank, are solely responsible for the Data Transfer, the Third Party Application’s performance (including technical support), the content on the Third Party Application provider’s website(s) and their use or disclosure of your data. The Bank will not be liable for any damages, claims or liabilities arising from the third parties or Third Party Applications.
17. Changes to the Terms
The Bank may add to or change the Terms, including any Service Charges or transaction fees, from time to time. Notice of additions and changes to Service Charges and transaction fees will be given to you in accordance with the terms or the Account Agreement. The Bank will give notice of any other additional or amended Terms in the log-in screen to CWB.digital® services. If following your log-in you continue to use any of the CWB.digital® services after notice of the effective date of any additional or amended Terms, then you will be deemed to have agreed to such additional or amended Terms.
18. Supplemental Terms
Supplemental terms and conditions applicable to a specific service made available may be set out in an applicable Service Schedule. Each Service Schedule will be deemed to incorporate all of the Terms. In the event of any inconsistencies between the Terms and any Service Schedule, the Terms prevail unless such Service Schedule specifically states otherwise.
You acknowledge that "CWB.digital" is a trademark owned by the Bank and that nothing in this Agreement grants to you any right to reproduce or use in any manner such trademark without the express prior consent of the Bank.
The provisions of Sections 2, 3, 5 to 12, inclusive, and 15 and 16 of these Terms, will survive termination of your use of the CWB.digital® services.
CANADIAN WESTERN BANK My Business Service
SCHEDULE TO THE CWB.digital® TERMS AND CONDITIONS
This Canadian Western Bank My Business Service Schedule (the “MB Services Schedule”) forms part of the CWB.digital® Terms and Conditions (the “Terms”) between Canadian Western Bank (“CWB”) and you. Any terms contained herein which are capitalized but not defined shall be ascribed the meaning given to them in the Terms or your Business Account Application and Agreement (the “Account Agreement”).
1. The Service
The My Business Service is a conversational program with an artificial intelligence that’s provided by a third-party vendor and is integrated into the CWB and CWB.digital® websites to conduct one-to-one dialogue with you for various practical purposes, including customer service, information acquisition and product recommendations. The My Business Service can assist users in answering general inquiries about CWB’s products and services, as well as certain frequently asked questions.
The information provided by the My Business Service is intended for informational purposes only and shouldn’t be considered as financial advice or a financial plan. You understand and agree that:
• the My Business Service can’t be used or expected to be used as a channel to conduct banking transactions or services.
• the My Business Service has a limited capacity to answer questions and may not be able to provide you with the information you seek.
• Responses from the My Business Service are general in nature, and are provided solely for informational purposes only.
• The responses from the My Business Service shouldn’t be considered as an official CWB statement, and you’re responsible for determining if the response is applicable to you.
• CWB is not responsible for any damage or loss you may suffer as a result of the My Business Service being unable to provide you with the information that you sought through the My Business Service at any time.
3. Your Responsibilities
When interacting with the My Business Service, you understand and agree that:
• We may monitor and/or record the discussion for our mutual protection and to enhance the My Business Service and the quality of our Client service.
• You won’t ask the My Business Service questions that include characteristics personal to you (such as things like your contact information or address, ethnicity or country of origin, colour or race, gender or sexual orientation, marital or family status, disability, religion).
• You agree to protect your login identification, PINs, and other personal banking information and won’t provide these during the My Business Service sessions.
• the My Business Service may collect device-related information including IP address, mobile device identification number (IMEI) (depending on your mobile device), and other device-related information, such as the make and model of your device, its operating system, and the time and date of your use.
• You won’t submit, post, or publish any material that may be considered by us to be defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, indecent, or otherwise harmful to others. In such a case, or at our discretion for any other reason, we may end the My Business Service sessions at any time without prior notice and delete or restrict your access to the My Business Service. CWB won’t be responsible for any direct or indirect damage that someone may claim to suffer in such a circumstance.
4. Limitation of Liability
You acknowledge that CWB won’t be liable for any losses or damages that you may suffer as result of your use of My Business Service, including if the My Business Service is unavailable for any reason.
5. Changing These Terms
You agree that CWB can amend, modify, change or replace the MB Services Schedule at any time by posting a notice on the CWB website, without providing you with a prior notice. The new or revised MB Services Schedule is effective and binding on you when we post them on the CWB website. By continuing to use the My Business Service after we post the notice of change, you agree to and accept the new or revised MB Services Schedule provided as amended.
The MB Service Services Schedule and any related documents, including notices, shall be drawn up in English only.
7. Governing Law
This MB Services Schedule is governed by the applicable laws of the Canadian province or territory in which you reside, and by the applicable laws of Canada. If there is any conflict or inconsistency between the provisions of this MB Services Schedule and the provisions of the Terms, Account Agreement or any other agreements you have with CWB, the provisions of the Terms, Account Agreement or other agreements will govern.