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User's agreement for LBCDirect Internet

In using LBCDirect telebanking and Internet services offered by Laurentian Bank of Canada, I agree to the following terms and conditions:

"Acxsys" means Acxsys Corporation, and includes its successors and assigns. It supplies services related to e-Transfers to the Laurentian Bank of Canada and other financial institutions participating in the e-Transfer Service; "Access Number" refers to the confidential Access Number given to me when I subscribed to these services and which I must use to access said services; "Bank" refers to Laurentian Bank of Canada; "Bill" refers to any eligible Bill that I have chosen to pay by way of the services; "Billing Company" refers to a company which is participating in these services and to which, as I have indicated to the Bank, I wish to pay my Bills by means of these services; "e-Transfer" means an Interac‡ e-Transfer sent or received through the e-Transfer Service; "e-Transfer Question and Answer" means the security question and answer created by a Sender and used for verification purposes for the e-Transfer Service;"e-Transfer Service" means the Interac e-Transfer feature in LBCDirect that allows me (i) to send funds from certain accounts to another person by specifying an email address or mobile number, or (ii) to receive funds; "Password" means a confidential combination of numbers and/or letters I select to identify myself that I must provide to access the Services. The secret access code I use for Telephone Banking, the password I use for LBCDirect and passcodes are all examples of Passwords; "Personal Verification Questions" means the questions and answers that I may be required to choose, and provide answers to when prompted, to help the Bank confirm that I am the person accessing the Services; "Telebanking Centre" refers to the Bank's telebanking centre providing the services; "Third Party" means any party other than me, the Bank or a party when acting as a Third Party Service Provider. It includes merchants, the Bank’s subsidiaries and affiliates, parties to whom I can make payments through the Services, other financial institutions, parties who provide Third Party Services, Account Providers, Aggregators, Account Verifiers, Issuers and any parties participating in Interac Online Payment, the e-Transfer Service or Mobile Payments; "Password" refers to the confidential password I was given the first time I used one of these services and that I must modify when using one of these services for the first time; "Payment" means any payment, debit or transfer made using the Services, including the e-Transfer Service, Interac Online Payment or Mobile Payments; "Recipient" means a person who is the intended recipient of an e-Transfer; "Sender" means a person who initiates an e-Transfer; "Services" refers to all of the services provided from time to time in the context of the LBCDirect Telebanking and Internet services; “Third Party Service Provider" means a party retained by the Bank to act on the Bank’s behalf to provide, or to assist the Bank in providing, the Services;"Transaction" refers to any transaction allowed by the Bank in the context of these services;

Subscription. By subscribing to these services, I have access to LBCDirect Internet services to carry out certain banking transactions via a computer network using a confidential Access Number and password. Allowable banking transactions are set out in

https://www.banquelaurentienne.ca/en/personal_banking_services/my_money/lbcdirect_Internet_banking.html

Communication. I hereby designate the LBCDirect portal and email associated with my account as the communication means for receiving electronic documents.

  1. I agree to receiving electronically the following notices and information regarding my products held with the Bank or products which I may hold in the future, including but without limitation a line of credit, credit card, personal loan, mortgage and personal account:
    1. Statements;
    2. Modifications to the User’s Agreement and product terms and conditions
    3. Annual notice
    4. Notice of change regarding charges or interest rates.
  2. I may also receive other electronic documents, including notices or information that the Bank is required to provide by law as well as secured and non-secured messages from the Bank’s Customer Service department.
  3. I acknowledge that I am responsible for advising the Bank of any change, including but without limitation, my address, phone number and email by phone at le 514-252-1846 or 1 800-252-1846 , at a branch or in My profil section of LBCDirect.
  4. I may cease to receive documents electronically by informing the Bank:
    1. by phone by dialing 514-252-1846 or toll-free 1-800-252-1846; or
    2. online via the LBCDirect secure messaging service; or
    3. at my Laurentian Bank branch.
  5. Documents will be available on my LBCDirect secure session for a maximum period of 7 years and I am responsible for printing and keeping copies of these records.
  6. By clicking “I agree” below, I thereby accept the terms and conditions herein.
  7. The Bank reserves itself the right to send me documents in a paper form should it be unable to send them electronically, if the Bank has a reason to believe I many not have received said documents or in any other circumstance where the Bank feels it is appropriate to do so.

 

Third Party Service Providers and Third Parties..I understand and agree that: (i) the Bank may use Third Party Service Providers or Third Parties to provide or to assist in providing the Services or Third Party Services; and (ii) other than the Bank’s subsidiaries or affiliates, the Bank does not sponsor or endorse any Third Party nor are we affiliated or associated with any Third Party Service Provider or Third Party.

The consents and authorizations contained in this section will not change any other consent, authorization or preference I have given or may give to the Bank regarding the collection, use and disclosure of my information.

I authorize the Bank to collect, use and disclose, any information required to provide or operate a Service or Third Party Service, or any information or content I may provide while using or accessing a Service or Third Party Service to share such information or content with any Third Party Service Provider or Third Party for the purpose of providing or assisting us in providing the Service or Third Party Service.

I also authorize any Third Party Service Provider or Third Party who works with or for the Bank in providing me with a particular Service or Third Party Service to use information or any content I may provide while using the Service or Third Party Service in question for preparing, using and distributing statistical, profiling, performance or operation reports about such Service or Third Party Service, provided that if such reports are distributed to a participant in such Service or Third Party Service other than the Bank, the information contained in all such reports will not be attributable to me.

I expressly understand and agree that my use of any Third Party Service is at my sole risk, and Third Party Services are provided on an "as is" and "as available" basis. The Bank expressly disclaims all warranties in connection with any Third Party Services and all information, products and other content included in or accessible from any Third Party Service, whether express or implied.

e-Transfer. The terms and conditions of this part apply only when I use the e-Transfer Service, either as a Sender or as a Recipient; (ii) are in addition to the general terms and conditions of this Agreement; and (iii) replace all prior agreements between the Bank and me for the e-Transfer Service. If there is a conflict between this part and the general terms and conditions of this Agreement, this Part will apply to the extent necessary to resolve any conflict.

  1. Initiating an e-Transfer. After I initiate an e-Transfer using the e-Transfer Service, the Bank will withdraw the e-Transfer amount from my account and send an email or text message to the Recipient at the email address or mobile number inbox that I provide. The email or text message will identify me as the Sender, and the e-Transfer amount, the name of the Recipient, and that I am using the e-Transfer Service. The Bank will hold the value of the e-Transfer until the Bank receives notice that (i) the Recipient has correctly responded to the e-Transfer Question and Answer and claimed the e-Transfer or (ii) I cancel and reclaim the e-Transfer.
  2. No Interest. The Bank will not pay interest on the e-Transfer amount to any Sender or Recipient, including on an e-Transfer amount sent by me for the period the e-Transfer amount was not in my Account.
  3. Claiming or Declining an e-Transfer.
    (a) A Recipient of an e-Transfer may claim or decline the e-Transfer using LBCDirect, the online or mobile banking services of another financial institution, or the Acxsys payment service. Other financial institutions or Acxsys may charge an additional fee if a Recipient uses its services.
    (b) To claim or decline an e-Transfer, the Recipient must respond correctly to the e-Transfer Question and Answer.
    (c) A Recipient who successfully claims an e-Transfer using LBCDirect or the online or mobile banking service of another financial institution should generally receive funds immediately. A Recipient who successfully claims an e-Transfer using the Acxsys payment service should generally receive funds within 3 to 5 Business Days. However, the actual time to receive funds through either process will vary and may take significantly longer depending on the circumstances. The Bank makes no representations or warranties regarding the maximum time required to complete an e-Transfer.
    (d) A Recipient has 30 days from the time an e-Transfer is sent through the e-Transfer Service to claim the e-Transfer amount, after which the e-Transfer will automatically expire. An e-Transfer sent from another financial institution will also expire after a certain period of time.
  4. Cancelling an e-Transfer. A Sender may cancel an e-Transfer sent using the e-Transfer Service, unless the Recipient has successfully claimed the e-Transfer.

    As a Recipient of an e-Transfer using Online Banking, I agree that an e-Transfer may be stopped at any time by the Sender before I have claimed the e-Transfer.
  5. Declined, Cancelled or Expired e-Transfer. If I send an e-Transfer using the e-Transfer Service that is declined, cancelled or that automatically expired, the Bank may attempt to redeposit the value of such e-Transfer into the Account from which the funds originated or, at its sole discretion, either deposit the value of such e-Transfer into another one of my accounts or hold the funds in one of the Bank’s branches.
  6. The Bank is entitled to rely on an e-Transfer Question and Answer. The Bank, as well as other financial institutions participating in the e-Transfer Service and Acxsys, is entitled to pay an e-Transfer to anyone who, using BLCDirect, the online or mobile banking service of another financial institution, or the Acxsys website, claims the e-Transfer and correctly responds to the e-Transfer Question and Answer, whether or not the Sender intended that person to receive the e-Transfer. I will comply with the Bank’s security obligations of this Agreement and will not use email or text message or any optional message that may accompany the e-Transfer to send the Recipient the e-Transfer Question and Answer. If I am a Recipient, I agree that I will not disclose the e-Transfer Question and Answer to anyone.
  7. Acxsys. If a Recipient claims an e-Transfer from a Sender using the Acxsys payment service but provides information for Acxsys which is insufficient or incorrect, Acxsys may (i) request additional or corrected information from the Recipient, (ii) deposit the money directly into an account provided by the Recipient to Acxsys, or (iii) send a cheque for the e-Transfer amount to the Recipient at the street address provided by the Recipient to Acxsys. If the Recipient fails to cash a cheque sent by Acxsys within a time limit set by Acxsys, Acxsys may return the e-Transfer to the Bank. The Bank will return the e-Transfer, less any fees charged by Acxsys, to the Sender.
  8. Providing the Email Address or Mobile Number of a Recipient. If I send an e-Transfer using the e-Transfer Service, I am responsible for providing a correct and operational email address or mobile number name for the Recipient and for notifying the Bank promptly of any change to the email address or mobile number name of the Recipient.
  9. Optional Message Field. The Bank will not examine any optional message included by a Sender with an e-Transfer and the Bank assumes no responsibility for the contents of the optional message. I should not address any communication to the Bank, any other financial institution, or Acxsys, using the optional message field. I must not reveal any e-Transfer Question and Answer in the optional message field.
  10. Status of e-Transfer. I am responsible for reviewing the status of any e-Transfer I send using the e-Transfer Service.
  11. Limits. A Third Party may set access limits, including the amount of money I am permitted to send or receive when I use the e-Transfer Service. The Bank may establish several limits to access (for example, limits to the amount that I may transfer in a given day or limits to the number of payments I can make in a given day) for the Services. The Bank may modify these limits when it so deems appropriate and without informing me or obtaining my consent.
  12. Security: I must select an e-Transfer Question and Answer for which only the recipient may know the Answer. I must not divulge the e-Transfer Question and Answer to any person other than the Recipient identified for the transfer.

Usage. I shall use the services as per the instructions and guidelines provided by the Bank in the User’s Agreement which may be amended by the Bank from time to time. My registration to and use of the services shall constitute acceptance of the User’s Agreement.

Operation. Any transaction completed by means of the services shall be processed by the Bank as per the terms and conditions described in the User’s Agreement.

Unauthorized payments. By using the services, I cannot pay Bills or transfer funds between accounts with the same suffix in an amount that exceed the available balance or available overdraft of the source account.

Confidentiality. In order to access these services, I must use my Access Number and my password. I agree to keep my Access Number and password confidential. I agree to employ reasonable measures to protect the confidentiality of my Access Number and password. Specifically, I must not act in a negligent manner by, for example, by disclosing my Access Number or password to another person, writing it down on easily accessible documents, using as a password any personal information or that of a friend or family member (such as a birth date, name, telephone number, home address), using a PIN number already in use or a bank card number or account number. I agree to inform the Bank as soon as the confidentiality of my Access Number or password has been compromised or if I suspect that it is known by a third party. I can notify the Bank by telephone by contacting the Telebanking Centre and the notice shall take effect immediately. In such case, I also agree to take the necessary measures to change my Access Number and/or password according to the instructions received from the Bank.

My Passwords, Access Numbers, Personal Verification Questions and e-Transfer Question and Answer that I select must be unique and difficult to obtain by others. I must never select a Password that is identical to my personal identification numbers.

Consent to transactions. I acknowledge and agree that any operation or transaction carried out using my Access Number and password indicates my consent to said transactions, as if the operation were authorized in writing, and as such, require no further verification by the Bank. However, the Bank reserves the right to verify and authorize or refuse any transaction if it deems such action necessary. Furthermore, I agree that the operations or transactions carried out using my Access Number and password, whether they are carried out by myself or a third party, with or without my consent or knowledge, are binding upon me and render me responsible to the Bank as long as the Bank has not been advised of a breach of confidentiality of my Access Number and/or password.

Statements. Statements and records prepared by the Bank, as well as recordings made by the Bank in connection with operations carried out by means of these services, shall be deemed proof of the said operations.

Fees. I agree to pay the Bank the fees for these services, as disclosed when registering for the services, and I authorize the Bank to collect these fees from the account used or from any other account I have selected.

I agree to pay any administration fees and other applicable fees. The Bank will inform me of these administrations fees and may modify them periodically by providing me notice of such changes before they take effect. These administration fees are in addition to fees that already exist and are administered on any given existing account. I also understand and accept that Third Parties may impose supplementary fees, including service fees for connection and access to a service or fees to a Sender or a Recipient of an e-Transfer.

Recording. The Bank may record any telephone conversation I conduct with an employee of the Telebanking Centre.

Disclaimer. The Bank offers no guarantee regarding LBCDirect Internet services and cannot be held liable for any acts or omissions that occur online or on the part of an Internet service provider. I shall not hold the Bank liable with respect to delays, damages or inconveniences caused by the failure or malfunction of these services or by my inability to access said service. I shall settle directly with a Billing Company any claim or dispute related to a transaction. The Bank shall not be liable for the failure of a Billing Company to register the payment of any Bill which I have made by means of these services, nor shall it be liable for any extra costs, including interest penalties or late fees, charged by a Billing Company.

Laurentian Bank of Canada shall not be held liable by myself or a third party for any damages whatsoever (including without limitation direct or indirect, special, incidental or consequential, exemplary or punitive damages, losses or expenses) that could result from the use of said services, the inability to use said services, any defects in performance, errors, omissions, interruptions, delays in operations or transmissions, computer viruses, failure or breakdown of systems or lines, loss of data, unauthorized use or reproduction of the site or information therein or otherwise, even if the Laurentian Bank or its representatives are informed of the possibility of such damages, losses or expenses.

In addition, in no event, even if the Bank is negligent, will the Bank be liable for any loss or damage I may suffer by you that is caused by:

  1. the actions of, or any failure to act by, a Third Party or Third Party Service Provider (and no Third Party will be considered to be acting as the Bank’s agent);
  2. mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data or information (including any passwords and/or answers to personal verification questions required to access information from other financial institutions) given by me to the Bank or to any Third Party Service Provider (including my failure to update); and (ii) any data or information (including any Document) provided to me by any Third Party;
  3. any delay, error, interruption or failure by the Bank to perform or fulfill any of the Bank’s obligations to me due to any cause beyond the Bank’s control, any system malfunctions or any technical failures;
  4. unsecured communication being inaccurate, intercepted, reviewed or altered by others;
  5. any delay or inability to access or use the Services or Third Party Services (including any charges such as late fees or additional interest I may have to pay to a Third Party);
  6. my failure to (i) receive or view a Document that has been presented to me, or (ii) receive notification that a document has been presented to me, and the Bank will not be responsible for any delay, damage or inconvenience that such failure may cause, or for any payments or charges such as late fees, penalties or interest that I may have to pay to an issuer;

Termination of the Agreement. The Bank may terminate this Agreement or the use of these services for any reason whatsoever, without prior notice and without incurring any liability. I may terminate this Agreement at any time by notifying the Telebanking Centre that I wish to do so.

Conservation of documents and proof. The recording of electronic banking operations on a computer storage medium constitutes conclusive proof of said banking operations and shall be binding upon me in case of any dispute or legal proceeding with the Bank.

Modifications. The Bank may, at any time, modify this Agreement or its applicable fees by posting the said modifications at its branches or by sending me a written notice with my regular account statement or by sending me a written notice to my designated e-mail associated with my LBCDirect account, as referred to in section 2.. Any such modifications shall take effect sixty (60) days after being posted in the branches or thirty (30) days after the notice is sent to me. The terms of this Agreement can also be modified by posting a notice at INTERNET LBCDirectwww.laurentianbank.ca. The use of these services following the modifications constitutes my consent to said modifications.

Other Agreements. All other conditions stipulated in the Financial Services Agreement in effect between myself and the Bank remain in effect and apply along with the present Agreement. However, in case of differences between this User’s Agreement and the Financial Services Agreement, the present User’s Agreement shall take precedence.

IMPORTANT NOTICE

This notice governs the use of the Laurentian Bank Internet Web site. Please read it carefully before accessing the site.

INFORMATION PURPOSES ONLY
The content of the Laurentian Bank of Canada Web site (the "Web site" or the "site") is provided for information purposes only, unless otherwise indicated, and does not constitute an offer to purchase or sell the products or services of Laurentian Bank, its subsidiaries or its affiliates ("Laurentian Bank"). This information is not intended as specific investment, financial, accounting, legal or tax advice for any individual and should not be relied on as such.

ACCURACY AND CHANGE OF INFORMATION
Information and materials provided on this Web site are believed to be accurate when posted. Despite its best efforts, however, Laurentian Bank cannot guarantee that they are accurate or complete or that they will be current at all times. Furthermore, Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a party’s computer.

Laurentian Bank reserves itself the right to modify the information and materials contained in this site without prior notice. I agree to review the said information and materials regularly and my continued access or use of the site will mean that I agree to any such changes.

SECURITY OF TRANSACTIONS
The bank complies with the regulation related to the protection of personal information. In addition, it uses the most secure encryption techniques presently available to ensure the confidential nature of the information it exchanges with me. However, complete confidentiality in the transmission of data is not always possible over the Internet and privacy cannot be ensured at any time. The Laurentian Bank will not be responsible for any damages I may suffer if I transmit confidential or sensitive information to the Bank and that information subsequently becomes public through no fault of the Bank.

CONFIDENTIALITY OF CLIENT INFORMATION
As previously mentioned, Laurentian Bank complies with the regulation related to the protection of personal information. To ensure compliance with these regulations, the Bank has developed a Code of confidentiality, the main points of which are summarized in the Bank’s brochure entitled "Questions of Privacy". This code governs the behaviour of Laurentian Bank employees with regard to the accuracy, confidentiality and security of all client information.

The Bank is committed to protecting the security, as well as the confidentiality of personal and financial information within the Web server hosting the Bank’s Web site and the Bank’s internal computer systems. I will be protected against fraudulent activity resulting from a breach in computer security for which I am not responsible provided that I do my part which includes, among other things, guarding my password and preventing unauthorized use of my accounts.

CALCULATORS AND TOOLS
Calculation or projections are provided for general illustrative purposes only, unless otherwise specified and are not warranted to be accurate or complete.

NO WARRANTIES
While every effort is made to ensure that the information and materials contained in the site, including text, graphics, links to other Internet resources or other items is accurate, they are provided on an "as is", where is basis. No warranty of any kind, implied, express, or statutory is given by Laurentian Bank in conjunction with the information and materials including, without limitation, the accuracy adequacy, timeliness, merchantability, operation, non-infringement, usefulness, completeness, reliability and fitness for a particular purpose or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials.

Further, Laurentian Bank does not represent or warrant that the site will be at all times available and meet my requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or losses of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to my computer system. I have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

NO LIABILITY
In no event will the Laurentian Bank be liable to me or anyone else for any damages whatsoever (including without limitation direct or indirect, special, incidental or consequential, exemplary or punitive damages, losses or expenses) arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of data, any unauthorized use or reproduction of the site or the information or otherwise, even if Laurentian Bank, or its representatives are advised of the possibility of such damages, losses or expenses.

NO ENDORSEMENT OF HYPERLINKS
Links to other Web sites from this Web site (or references to products, services or publications other than those of Laurentian Bank) are for convenience only and are at my own risk. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to this site. Such products, services or information are not investigated, verified, monitored, or endorsed by Laurentian Bank.

I am responsible for taking the necessary precautions to detect possible viruses and ensuring that any software program accessed through one of the links offered on this site is compatible with my computer. I must also ensure that I have up-to-date backup copies of the entire contents of my hard disk before installing software downloaded from these links.

TRADEMARKS
© Laurentian Bank of Canada, 2001. All Rights Reserved. Certain names, graphics, logos, icons, designs, words, titles or phrases at this site may constitute trade names, trademarks or service marks of Laurentian Bank or of third parties of which Laurentian Bank is an authorized user. Use of trademarks on this site does not necessarily presume that a licence of any kind has been granted. The ® and ™ symbols designate "registered trademark" and "trademark" respectively.

The trademarks are distinguished from one another and accompanied, at first-time use, with the appropriate trademark symbol: ®/™/*. These symbols are keyed to their respective legend which describes the owner or licensee of the trademark: ® Registered trademark of Laurentian Bank of Canada./ ™ Trademark of Laurentian Bank of Canada./* Laurentian Bank, licensee of trademark.

® The following marks are registered trademarks of Laurentian Bank under the Canadian Trademarks Act. Certain of these marks are also Laurentian Bank property under the applicable trademarks laws/legislation in foreign jurisdictions:

TREE (DRAWING), CORNERSTONE, DISTINCTION, GOLDEN YEARS, INSURANCE … JUST IN CASE, INVESTMENT EXCELLENCE, LBC, LBCDIRECT & DRAWING, LBC FINANCIAL SERVICES, LBC XPRESS & DRAWING, MULTIFUNCTION, NATLINK, OSCAR, OSCAR & DRAWING, LAURENTIAN BANK & DRAWING, THE CORNERSTONE GROUP OF FUNDS & DRAWING, LAURENTIAN BANK & TRUST, SUPERSAVER GOLD, SUPERSAVER, TACTICAL RSP, THE SUPER STATEMENT.

TM: The following marks are trademarks of Laurentian Bank:

TRUST AND LAURENTIAN BANK.

The ownership of the IRIS & DRAWING registered trademark has been transferred to BLC-Edmond de Rothschild Asset Management Inc. on December 31, 2001.

PROPRIETARY INFORMATION
The information contained in the pages of this site is the sole property of Laurentian Bank and is for my personal use only. All information at this site is protected under the copyright laws of Canada and in other countries. This information may not be reproduced, in whole or in part, without the written express consent of Laurentian Bank. Unauthorized public or commercial use, downloading, storage in any medium, retransmission, redistribution or other reproduction or modification of trademarks or information contained in this site is prohibited and may be a violation of such laws, including trademark or copyright laws and could subject the user to legal action.

GENERALITIES
The products and services described on pages of this site are available only in jurisdictions where they may be legally offered for sale. Moreover, all products and services are subject to the terms and conditions of the various Agreements specific to each one.