Personal Account and Services Agreement

This Agreement governs the operation of all Accounts and the provision of the Services and replaces all previous agreements between the Member and Coast Capital Savings® Credit Union (CCS) governing the operation of Accounts and the provision of the Services. In exchange for CCS operating the Accounts and providing the Services, the Member agrees as follows:

“Account” means any account of the Member with CCS.

“Application” means the documentation signed by the Member to apply to become a member of CCS and to open one or more Accounts.

“ATM” means an automated teller machine that can be accessed by use of a Card and a PIN.

“Card” means a CCS member card that permits access to the Card Services.

“Card Device” means an ATM, a point-of-sale terminal or any other card reading terminal or similar device that CCS makes available or otherwise has the capability to be used and is used to access the Card Services.

“Card Services” means all CCS Services available through a Card Device, other than credit card services.

“CCS” means Coast Capital Savings® Credit Union.

“CCS Website” means the website operated by CCS through which the Member may access Coast Online® Banking Services.

“Coast Mobile® Banking™ Services” means the online financial services offered from time to time by CCS through use of a PAC and a mobile computing device with internet connectivity or a phone number with text messaging subscription services, and includes text banking, mobile alerts and mobile applications.

“Coast Online® Banking Services” means the online financial services offered from time to time by CCS which are presently accessed by members through use of a PAC, the Card number and the internet.

“Contact Centre Services” means the telephone services offered from time to time by CCS, which enable members to contact a telephone service representative or to use interactive telephone services by use of a PAC or other means of identification.

“EMT Services” means money transfer services accessed through Coast Online® Banking Services, Coast Mobile® Banking™ Services, or other E-Services that facilitate the sending or receiving of money between the Member and Third Parties.

“E-Services” means Coast Online® Banking Services, Coast Mobile® Banking Services, EMT Services and any other services offered from time to time by CCS to members utilizing the internet or mobile computing technology.

“Member” means the person who signs the Application. If two or more persons sign the Application as joint tenants, the Member comprises all of those persons.

“PAC” means a personal access code selected by the Member that permits access to Coast Online® Banking Services, Coast Mobile® Banking™ Services, Contact Centre Services and other services selected by CCS from time to time.

“PIN” means a personal identification number assigned to the Member by CCS or selected by the Member that permits access to Card Services.

“Privacy Policy” means the privacy policy of CCS applicable to individuals, as amended from time to time.

“Proper Instructions” means instructions provided by the Member to CCS, either in person or in writing, by telephone, fax, electronic means (including through E-Services or email), or other means acceptable to CCS.

“Proper Notice” means immediate notice to CCS, either in person or in writing, by telephone, fax, or other means acceptable to CCS.

“Sensitive Information” means financial account information, a PAC, a PIN, added security questions and answers, or any other information that could compromise any security processes or mechanisms with respect to an Account or the Services.

“Services” means, collectively, Contact Centre Services, Card Services, E-Services and any other services offered to the Member by CCS.

“Third Party” means any person, firm, corporation, association, organization, or entity other than CCS or the Member.

“Transaction” means any financial transaction performed utilizing any of the Services including, but not limited to, a point of sale purchase, a bill payment, or the transfer of funds between Accounts.

Liability

Except as otherwise provided in this Agreement, the Member is responsible for all activity in connection with, or resulting from the use of, each Account.

CCS and its affiliates are not responsible or liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person, except for direct damages resulting from the gross negligence or intentional or wilful misconduct of CCS or its subsidiaries arising directly from the performance by CCS of its obligations under this Agreement, and in any such case CCS and its subsidiaries will not be liable for any indirect, special, consequential, exemplary, aggravated or punitive damages, loss of profits, revenue or opportunity, or claims of Third Parties, regardless of the cause of action and even if CCS or any of its subsidiaries has been advised of the possibility of such damages or was negligent.

The Member will indemnify and hold CCS and its affiliates and each of them harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS or its affiliates in connection with the administration or operation of any Account or the provision of the Services or in connection with any proceeding, order, claim, demand or legal process of any kind brought or made by any person arising out of or connected with any Account or the Member’s use of any Account or the Services.

The Member acknowledges that any official cheque or other instrument provided to the Member by CCS should be treated as the equivalent of cash, and that if any such instrument is lost, stolen or destroyed, CCS will have no obligation to replace or cancel such instrument or refund any amount paid by the Member.

Fraud and Improper Purposes

The Member will advise CCS immediately of any suspicious circumstances surrounding any Account, an amount deposited in any Account, or any other Transaction relating to any Account.

CCS may freeze or close any Account or all Accounts without notice if required by law or if CCS has reasonable grounds to believe that the Member did or may commit fraud, use any Account for any unlawful or improper purpose, cause a loss to CCS, operate any Account in a manner unsatisfactory to CCS or contrary to CCS policies, violate the terms of any agreement applicable to any Account, or violate the terms of any other agreement with CCS.

To prevent future losses, CCS may freeze or close any Account or all Accounts if the Member is or may be a victim of fraud or identity theft.

Personal Accounts

An Account may only be used for personal purposes. If the Member uses any Account for business purposes, CCS may in its discretion close the Account or change the Account to a business account that is subject to the service fees that CCS charges for business accounts.

Respect and Civility

The Member will act with utmost respect and civility in dealing with CCS and its representatives. CCS may close any Account or all Accounts without notice if CCS considers that the Member’s conduct toward CCS or its representatives is inappropriate.

The Member will follow the instructions of CCS with respect to the use of the Services. CCS may change the types of Transactions and instructions permitted and implement new procedures and security measures at any time without prior notice.
Responsibility for Service Fees

The Member will pay the applicable service fees established by CCS from time to time that apply in relation to Accounts or Services. CCS may deduct such service fees, when due, from any Account without notice. CCS may change its service fees and impose new service fees from time to time.

Notice of Changes

CCS may give notice of new service fees and of any changes to service fees, from time to time, through:

  • sending a notice by regular mail to the Member’s last known address;
  • including a notice in an Account statement mailed to the Member;
  • service fee disclosure pamphlets;
  • notices of service fees which may be sent by email, posted through CCS ATMs or made available at branches of CCS;
  • the CCS Website;
  • E-Services; or
  • such other means of communication as CCS may offer from time to time.

Operation of an Account or the use of the Services after the effective date of any new service fees or change to service fees will be deemed acceptance of such language.

CCS may change the applicable interest rate that applies to an Account, if any, or the manner of calculating the applicable interest rate, from time to time. CCS may give notice of the change by notices in branches of CCS or on the CCS Website, or by any other means determined by CCS from time to time.
The Member will use only those forms, cheques, ATM cards and other items which are authorized by CCS from time to time.
Privacy Policy

The Member consents to CCS collecting, using and disclosing personal information of the Member in accordance with the Privacy Policy and this Agreement. The Privacy Policy describes the Member's rights in respect of personal information held by CCS and provides contact for the CCS Privacy Office. The Privacy Policy is available on the CCS Website or at any branch of CCS.

Collection and Use of Information

Without limiting the Privacy Policy, this Agreement or any other agreement, CCS may collect and use personal information for the following purposes:

  • to determine the Member's eligibility for products and Services;
  • to process the Member's Accounts, Transactions and statements;
  • to provide products and Services at the time of request and on an on-going basis;
  • to provide the Member with information and materials related to membership;
  • to manage and assess CCS operations and risks;
  • to improve and develop products and Services;
  • to conduct research and generate statistics related to CCS business, products, Services and membership, including statistics summarizing demographics of members voting;
  • to comply with applicable laws and the requirements of regulators;
  • to investigate and protect the Member, other customers, and CCS from error, risk, fraud and criminal activity;
  • to contact the Member for purposes related to an Account, membership and Services;
  • to offer the Member products and Services that may benefit the Member; and
  • to use the Member's social insurance number for income tax reporting and other lawful purposes.

In order to provide the Member with an Account and the Services and to carry on its business, CCS may from time to time collect personal information about the Member from:

  • the Member;
  • government agencies and public registries;
  • credit reporting agencies, other lenders and financial institutions;
  • service providers, agents and other organizations with whom the Member or CCS conduct business;
  • persons authorized to act on the Member’s behalf under a power of attorney or other legal authority;
  • references the Member may have provided to CCS; and
  • other Third Parties.

Optional Use or Sharing of Information

CCS may also use or share personal information for the following purposes:

  • to conduct a credit check for the purpose of assessing an application for credit;
  • to use the Member’s social insurance number to identify the Member, to ensure the accuracy of the Member’s information, or to conduct credit checks;
  • to provide the Member with information about special offers and promotions, and to conduct customer research and surveys;
  • to provide information to Third Party service providers to determine the Member's eligibility for products and Services that CCS may proactively offer to the Member; and
  • to share this information with CCS subsidiaries to conduct research and to offer products and Services to the Member.
The Privacy Policy sets out procedures under which the Member may opt out from this optional using or sharing of personal information. The Member will not be refused credit or Services merely because the Member has opted out from optional use or sharing of personal information.

Disclosure of Information

Without limiting the Privacy Policy, this Agreement or any other agreement, CCS may disclose personal information of the Member:

  • at the Member’s request or otherwise with the Member’s consent;
  • if an Account is a Joint Account, to any person comprising the Member in relation to the Account and membership;
  • to credit reporting agencies and other lenders;
  • to collect a debt owing to CCS;
  • to service providers that help CCS with its business or with providing products and Services to the Member;
  • when required or permitted by law;
  • in relation to an investigation or legal proceeding and to investigate and protect the Member, other customers and CCS from error, risk, fraud and criminal activity; and
  • to connection with a transaction to sell parts of the CCS business, insure, sell or securitize assets, or merge or amalgamate parts of the CCS business with another entity.
In some cases, service providers may be located outside of Canada, and may be required to disclose information under the laws that apply in the jurisdiction where they are located.

Retention of Information

Once the Member is no longer a member of CCS or this Agreement terminates, CCS may keep personal information in its records for so long as CCS reasonably requires the information for legal or business purposes.

Call Taping and Video Surveillance

When the Member speaks to CCS representatives on the telephone, CCS may monitor or record the conversation for quality assurance, record keeping, investigational or training purposes. In order to protect CCS customers and CCS from criminal activity, CCS may use security cameras at its branches and ATMs.

The Member acknowledges that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations applies to the operation of Accounts and the provision of the Services, and that CCS will from time to time adopt policies and procedures to address the reporting, recordkeeping, client identification and other requirements of that legislation. The Member agrees to comply with all such policies and procedures, and consents to CCS conducting such activities, including background checks, as CCS may consider necessary for the purpose of complying with its obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations.
Requests

If the Member requests that CCS provide documents or other information relating to an Account or the membership, CCS will provide to the Member the documents and information which CCS is required to disclose by law and CCS in its discretion may provide to the Member any additional documents or information which CCS is not required to disclose by law. CCS will not provide the Member with documents or information when prohibited by law from doing so. If CCS provides documents to the Member, CCS may redact the documents to the extent CCS in its discretion considers necessary.

CCS may require a reasonable amount of time, as determined by CCS, to consider and respond to a request for documents or information.

Copies

In this section, the term "documents" means copies of documents. CCS has no obligation to provide the Member with originals.

Processing Fee

CCS may require the Member to pay a reasonable processing fee, as determined by CCS from time to time, before providing any documents or information to the Member. This fee will depend on the nature and scope of the request. CCS may estimate this fee in advance, but CCS has no obligation to determine the exact amount of the fee until the documents and information have actually been gathered.

This section only applies if more than one person has signed the Application.

Acknowledgment

Each of the persons comprising the Member acknowledges that all funds deposited in any Account and all interest earned on those funds will be held jointly with the “right of survivorship”, as described in this section, and that CCS is entitled to permit any of the persons comprising the Member to deal with any Account as described in this section, notwithstanding any notice or information to the contrary.

Joint and Several Obligations

The Member’s obligations under this Agreement are the joint and several obligations of each person comprising the Member. Each person comprising the Member is jointly and severally liable for all use of any Account and for all Transactions.

Right of Survivorship

All funds deposited in an Account and all interest earned on those funds is the joint property of all persons comprising the Member, with the “right of survivorship”. That means that if one of the persons comprising the Member dies, all funds deposited in an Account and all interest earned on those funds automatically becomes the property of the surviving persons comprising the Member and does not become part of the deceased joint tenant’s estate. CCS will only have obligations with respect to an Account to the surviving persons comprising the Member.

On the death of a person comprising the Member, any balance in an Account may be withdrawn or made payable to the surviving persons comprising the Member, or CCS may remove the deceased person from the Account. CCS may require evidence of death acceptable to CCS. If it is not possible, due to the death of any person comprising the Member, to obtain signatures required by the Application, CCS may act on the signatures of all survivors.

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by any person in connection with any dispute relating to any Account involving the joint tenants, the estate of a deceased joint tenant, the surviving joint tenants or a Third Party. Each person comprising the Member will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS in connection with any dispute relating to any Account involving the joint tenants, the estate of a deceased joint tenant, the surviving joint tenants and/or a Third Party, even if caused by the negligence of CCS.

Instructions

Any person comprising the Member may sign cheques, withdrawals and other debit instruments. Any authorization given to CCS by any person comprising the Member is binding on all of the persons comprising the Member, and CCS may accept from any such person instructions in person, in writing, by telephone, fax or other electronic means and provide to any such person Contact Centre Services, Coast Online® Banking Services, and Coast Mobile® Banking

CCS may in its discretion, if requested by all persons comprising the Member, require that two or more persons comprising the Member must sign cheques, withdrawals and other debit instruments. Any authorization given to CCS by two or more such persons in accordance with the request is binding on all of the persons comprising the Member, and CCS may accept from such persons instructions in person, in writing, by telephone, fax or other electronic means. CCS will not provide Contact Centre Services, Coast Online® Banking Services, and Coast Mobile® Banking Services to an Account if two or more persons must sign cheques, withdrawals and other debit instruments. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by reason of CCS acting on the instruction or authorization of fewer than the requested number of persons comprising the Member, even if caused by the negligence of CCS.

CCS may in its discretion require all persons comprising the Member to sign instructions or other documents.

Endorsement of Instruments

CCS may credit any Account with the proceeds of any instruments, including securities, which are signed by, drawn by, payable to, the property of, or received by CCS for credit to, any one or more of the persons comprising the Member. Each of the persons comprising the Member agrees that CCS may endorse any of those instruments on behalf of such person.

Release of Information

Each of the persons comprising the Member authorizes CCS to release to any person comprising the Member any information relating to any Account, including information relating to the time period before a person comprising the Member became a joint tenant of the Account. On the death of a person comprising the Member, each of the persons comprising the Member authorizes CCS to release to the estate representative of the deceased person any information relating to the time period prior to the date of death.

CCS may in its discretion contract with, accept instructions from, or permit Account business to be transacted by, a Member's legal representatives (such as holders of powers of attorney, committees or, if deceased, the personal representative of the deceased's estate) as if the legal representative was the Member.

Subject to any right of survivorship, on the death of a Member and on receipt of proper legal documents, which may include a death certificate, grant of probate or a court order, and acceptable instructions from the Member's legal representatives, CCS will transfer the balance of the funds in all Accounts to the legal representatives or permit the legal representatives to operate any Account.

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by any person that is in any way connected to the operation of any Account by a legal representative or a person purporting to be a legal representative. The Member will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS which are in any way connected to the operation of any Account by a legal representative or a person purporting to be a legal representative.

CCS may in its discretion provide copies of images of cheques and other instruments, with the statement of account. In addition, Coast Online® Banking Services may permit the Member to view and print images of cheques and other instruments drawn on an Account. Service fees may apply to the provision of images of cheques and other instruments. The Member acknowledges that such copies or images may be made available before CCS has determined whether the cheque or other instrument will be honoured or accepted. The Member agrees that the provision of such images does not mean the Transaction has been processed or in any way obligate CCS to honour or accept the cheque or other instrument.

The Member acknowledges that physical cheques and other instruments may be destroyed and CCS has no obligation to provide the Member with physical cheques and other instruments.

Acceptance of Deposits

All deposits made to an Account are subject to verification of the source of funds by CCS and to its policies regarding the acceptance of funds for deposit. CCS may change these policies from time to time without notice. CCS may refuse to accept a deposit to an Account.

CCS's policies regarding the acceptance for funds for deposit include, but are not limited to, its “hold-funds” policy. CCS may, in its discretion, apply a "hold-funds" period on deposits so that deposits can clear and funds can be verified. When a "hold-funds" period is in effect, the funds so held will not be available for withdrawal or payment of clearing items.

Acceptance of a deposit or release of a hold does not mean that the deposit is good, free from Third Party claims, or otherwise free from risk of reversal or chargeback. The right to hold funds in this section is in addition to and not derogation of any other rights CCS may have to place holds on Accounts.

Debits to Accounts

The Member is liable to CCS for any cash received or any credit to an Account for a deposit and any applicable interest if for any reason the deposit is uncollected or dishonoured or if CCS determines that the deposit was made in error or was otherwise improper or unauthorized. CCS may without notice reverse any credit made for such a deposit. The Member waives any rights to presentment, notice and protest.

Direct Deposits

CCS may accept direct deposits to an Account but CCS will not be responsible or liable for the type or amount of the deposit or for any delays in crediting the deposit to the Account. It is the responsibility of the Member and not CCS to notify any Third Party making direct deposits of any change in direct deposit instructions.

Availability

All Transactions involving a foreign currency are provided by CCS only on an "as-is" and "as available" basis. Deposits to an Account, whether by cash or non-cash instrument, made and accepted by CCS in a currency other than the currency of the Account, will be converted into the currency of the Account.

Foreign Currency Transaction Irrevocable

Once a Transaction involving a foreign currency has been processed by CCS it cannot be revoked or countermanded by the Member.

Rate of Conversion

In any Transaction entered into directly between the Member and CCS involving a foreign currency exchange, the rate of conversion will be CCS’s selling rate for the conversion Transaction as determined by CCS on the date of the Transaction. The Member understands that CCS’s selling rate for currency may be more than CCS’s rates for buying the same currency. The Member also understands and agrees that a service fee and commission shall also apply to foreign currency exchange Transactions in addition to any spread between buying and selling rates of foreign currency. CCS may apply a percentage based commission to foreign currency exchange Transactions in accordance with the rates disclosed from time to time on the CCS Website and available in branch.

If the Member purchases foreign currency through a non-CCS ATM, a Card Device, or through any Third Party access network, having a secure network access protocol with CCS by which a debit request can be received by CCS for the Member’s Account, the Member understands and agrees that: the non-CCS ATM or Card Device may charge a fee for the use of that ATM or Card Device; the non-CCS ATM or Card Device, and the secure network access providers may charge a fee, a commission, and earn a spread between the buying and selling rates of foreign currency; there may be multiple conversion transactions that occur in the course of delivery of the debit request through the Third Party access network, each of which may be subject to fees and a spread payable to Third Parties; and CCS may debit the Account for an amount that includes all such sums charged or payable to Third Parties to cover the foreign currency purchase; and in addition, CCS may apply a percentage based commission to foreign currency exchange Transactions in accordance with the rates disclosed from time to time on the CCS Website and available in branch. If the debit request is received in a currency other than the currency of the Account, a currency exchange Transaction may be completed as outlined in the preceding paragraph.

CCS May Decline to Act

CCS may in its discretion decline to proceed with a Transaction involving a foreign currency. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by reason of CCS so declining to act.

Effect of Instructions

CCS may in its discretion accept Proper Instructions for the wire transfer of funds. CCS and its corresponding financial institutions may rely, without verification, on the name and account number of the recipient of a wire transfer as provided by the Member.

Wire Transfer Irrevocable

Instructions to wire transfer funds are irrevocable once processed by CCS and funds so transferred cannot be recovered by CCS.

Acknowledgments re Wire Transfers

The Member acknowledges that:

  • the completion of processing of a wire transfer of funds may be subject to the effect of cut off times, differing time zones, and other restrictions;
  • if the Member has provided incomplete or incorrect information, a wire transfer may not be processed, or may be processed incorrectly;
  • there can be no guaranteed time or date of delivery of a wire transfer;
  • a wire transfer may be subject to government interception, which CCS cannot prevent;
  • the recipient of a wire transfer may be responsible for the payment of additional fees levied by intermediary or destination financial institutions; and
  • if a wire transfer is returned for any reason, it may be subject to exchange rate fluctuations and to additional fees levied by CCS or any other financial institutions involved in the wire transfer.

Costs

The Member will pay all fees and costs incurred by CCS and its corresponding financial institutions in connection with processing a wire transfer of funds.

CCS May Decline to Act

CCS may in its discretion decline to act on instructions to wire transfer funds. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by reason of CCS declining to act.

The Member may make withdrawals from an Account at any CCS branch, through a Card Device, or by using such other methods as CCS may make available.

CCS may require that the Member provide five days' prior notice of a withdrawal or such other amount of prior notice as CCS may reasonably require.

Member Responsibility

The Member is responsible for ensuring the accuracy of any billing account number to which the Member intends to transfer funds. If the Member provides the wrong account number, CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred as a result of funds being transferred to the wrong recipient.

Effect of Transaction

The Member acknowledges that when the Member uses any of the Services for bill payments, funds are transferred out of the Account and there is no guarantee that the Transaction can be revoked or countermanded. CCS is not responsible or obligated to retrieve or return such funds to the Member. If CCS does retrieve or return such funds to the Member, applicable service fees may apply.

Disputes re Bill Payments

If the Member has any dispute with a billing company concerning bill payments made using the Services, including the impositions of any additional charges, late fees or penalties, the Member will settle the dispute directly with the billing company.

Instructions

Any countermand or notice of stop payment of a cheque or other negotiable instrument drawn on any Account must either be in writing and signed by the Member or given in accordance with such other procedures as CCS may from time to time make available.

Effect of Instructions

On receipt of a countermand or notice of stop payment, CCS will make a reasonable effort to effect the instructions given, but CCS will not be liable to the Member or any other person by reason of CCS complying with, or failing to comply with, the instructions for any reason. The Member will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, resulting from CCS complying with, or failing to comply with, a countermand or notice of stop payment, even if caused by the negligence of CCS.

All security now or hereafter held by CCS will also be security for any and all indebtedness arising from the operation of any Account or the use of any of the Services. CCS may without notice apply such security to such indebtedness.
Unless a separate agreement creating a line of credit or overdraft protection has been signed by the Member and approved by CCS, the Member has no right to overdraw an Account or effect any Transaction which would result in a negative balance in an Account. CCS may, but is not obligated to, permit such overdraft or Transaction. Whether or not CCS permits such overdraft or Transaction, the Member will pay CCS's applicable services fees and will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS in connection with the overdraft or Transaction. If CCS does permit an overdraft, the overdraft will constitute a loan which is immediately due without demand and which bears interest at the overdraft interest rate established by CCS from time to time.

CCS may at any time and without notice:

  • use any or all of the funds in any Account or any other account in the name of any person comprising the Member to pay any debts or other obligations of the Member to CCS; and
  • use any or all of the funds in any Account to pay any debts or other obligations of any person comprising the Member to CCS.
Service Fee

CCS may levy applicable service fees on any Account that has had no Member generated activity for a period of more than 24 months, and may deduct the service fees from the Account. CCS will give notice to the Member of such fees only with respect to those Accounts that have a credit balance in excess of $100.

Closing Accounts

If at any time the balance in an Account is less than the amount of the applicable service fee, CCS may close the Account without notice to the Member.

Effect of Instructions

CCS is authorized to act on Proper Instructions given by the Member as if the Member had attended on CCS in person and given signed written instructions.

CCS may in its discretion decline to act on instructions. For example, and without limiting CCS's discretion, CCS may decline to act on instructions if there are insufficient funds in an Account, if CCS doubts that the instructions have been properly authorized, or if CCS doubts that it has properly understood the instructions.

Telephone, Fax and Electronic Communications

All telephone, fax or electronic instructions acted on by CCS will be conclusively considered to be valid instructions. CCS may from time to time in its discretion decline to accept instructions given to CCS using a particular communication method.

Evidence

CCS may rely on or enter into evidence at any trial, fax documents received by CCS as if they were original documents and the fax documents (or photocopies or electronic images of them) will be sufficient and valid proof of their contents. CCS may also rely on or enter into evidence at any trial, copies of electronic documents and communications which are printed from the files or records established by CCS as if they were original documents and such copies will be sufficient and valid proof of their contents.

Verification of Instructions

CCS may, but is not obligated to, verify the source of communications before acting on instructions.

Timing of Transactions

Depending on the time of day the instructions are received and the nature of the Transaction requested, CCS will act on telephone, fax, electronic or other acceptable means of instructions given in accordance with this Agreement during normal business hours on the earliest possible business day.

Contacting CCS

CCS will provide the Member with designated telephone and fax numbers or other means of contacting CCS acceptable to CCS, and will advise the Member as to what kinds of instructions and documents it will accept by fax or other electronic means.

Indemnification

The Member will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS as a result of CCS acting or failing to act on telephone, fax or other electronic instructions from the Member, even if caused by the negligence of CCS.

CCS Not Responsible

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred if a Member communicates confidential or personal information to CCS by fax or other electronic means or if, at the request of the Member, CCS communicates such information by fax or other electronic means to a fax number or electronic address designated by the Member.

Records of CCS Conclusive

In the absence of evidence to the contrary, the records of CCS are conclusive for all purposes, including litigation, in respect of any instructions given by the Member to CCS through the use of:

  • a Card;
  • the contents of any envelope deposited by the Member into an ATM or business depository;
  • the making of a withdrawal, deposit or transfer through the use of any of the Services; and
  • any other matter or thing relating to the state of accounts between the Member and CCS in respect of any Transaction.

Transaction Records for Convenience Only

A record of the Transaction generated by a Card Device or otherwise is solely for the convenience of the Member. Whether such a record is issued or not, it is the Member's responsibility to verify that the Transaction has been properly executed by checking the itemized account statement mailed by CCS or, if no statement is mailed, by use of Contact Centre Services, E-Services or by use of such other means as may be made available by CCS.

CCS may from time to time deliver notices, documents or other information to the Member by electronic delivery to an email address provided by the Member, through E-Services or by posting copies of the notices, documents or other information on the CCS Website where they can be accessed by the Member.
Mailing Address

CCS may mail an account statement together with any copies of imaged cheques (if provided), notices and other items to the Member's last known address. CCS may, in its discretion, change the content, frequency or method of distribution of account statements. If an Account is a Joint Account, an account statement mailed to any one of the persons comprising the Member is deemed to have been mailed to all of the persons comprising the Member.

If, on three consecutive occasions, account statements or other documents sent by CCS to the Member are returned, CCS is not required to send any further account statements or documents to the Member until the Member informs CCS in writing of the Member's new address.

Other Methods

In addition to reviewing statements when received, the Member is encouraged to regularly use E-Services or any CCS ATM to verify Account entries and balances.

No Mailed Statement Option

The Member may, by notice to CCS in a form acceptable to CCS, request that no statements of account be mailed by CCS to the Member. If the Member so requests, CCS may, where permitted by law, discontinue mailing statements of account to the Member. In such event, the Member agrees that it is thereafter the responsibility of the Member to verify, by use of Contact Centre Services or E-Services, or by use of such other means as may be made available by CCS, that there are no errors, omissions or irregularities with respect to the entries posted to an Account. The Member agrees to conduct such verification on a regular (not less than monthly) basis.

If an Account is closed, E-Services may cease to display information about the Account. In this event, it is the responsibility of the Member to verify that there are no errors, omissions or irregularities with respect to the entries posted to the Account by using Contact Centre Services, by attending a CCS location, or by using such other means as may be made available by CCS.

Errors or Omissions in Statement

Within 30 days of the statement date or, if the Member has elected to not receive statements by mail, within 30 days of the date on which the entry was or should have been posted to an Account, the Member must give Proper Notice to CCS of any errors, irregularities or omissions in the statement, entries, cheques, or other items (including any unendorsed items, forged or unauthorized endorsements, other forgeries or other debits wrongly or fraudulently made). The Member agrees that, if the Member does not notify CCS within the applicable timeframe of any such errors, irregularities or omissions, then, notwithstanding any negligence on the part of CCS:

  • the entries and balances shown on the statement, or, if the Member has elected to not receive statements by mail, in the records of CCS, are correct and binding on the Member;
  • the Member is not entitled to be credited with any sum not shown on the statement or, if the Member has elected to not receive statements by mail, not shown in the records of CCS; and
  • the Member will have no claim against CCS for reimbursement relating to any entry on the statement or, if the Member has elected to not receive statements by mail, any entry in the records of CCS, even if the entry is unauthorized or is based on a cheque or other instrument or instruction that is unendorsed, forged, fraudulent or unauthorized.

However, if the entry to an Account relates to a preauthorized debit which was for the payment of consumer goods and services, then the Member has 90 days from the date of the entry to make a written request to CCS to return the item.

Nothing in this Agreement will oblige CCS to:

  • honour any cheque or instrument drawn by the Member on CCS,
  • accept any money from the Member for investment in shares or for deposit,
  • redeem shares,
  • transfer money between Accounts, or
  • lend money to the Member.
If CCS has notice of a claim or possible claim against, or interest in, any Account, or of a claim or possible claim against any one or more of the persons comprising the Member, under any proceeding, court order, statutory demand, or under the Family Law Act, the Wills, Estates and Succession Act or other legislation, then CCS may refuse to permit the Member to have any dealings with one or any Account, or refuse to honour cheques or other items drawn on one or any Account. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person resulting from any such refusal.

CCS may change the terms of this Agreement from time to time. CCS will inform the Member of any change by:

  • sending a notice of such change by regular mail to the Member's last known address;
  • including a notice of such change in an Account statement mailed to the Member;
  • posting a notice on the CCS Website;
  • through E-Services;
  • posting a notice in each branch;
  • sending an email notification to an email address provided by the Member for the purpose of receiving notices from CCS; or
  • such other means as CCS considers appropriate.
The effective date of the change will be set out in the notice.

Operation of an Account or the use of Services after the effective date of any change will be deemed acceptance of such change.

CCS may for any reason in its discretion close any Account at any time and pay the balance, subject to any rights of set-off, to the Member. Account closure by CCS or by the Member may be subject to a service fee. Account closure does not release the Member from any debt or obligation to CCS.

CCS may freeze or restrict any Account or all Accounts (including Joint Accounts) without notice if:

  • any person comprising the Member is determined by a court to be, or if in the reasonable opinion of CCS any person comprising the Member might be, mentally incapable of managing the person's financial affairs; or
  • any person comprising the Member becomes bankrupt or a receiver is appointed over the person's assets.

In the event that any person comprising the Member becomes bankrupt or a receiver is appointed over the person's assets, the Member agrees that CCS may receive instructions from an appointed trustee in bankruptcy or receiver in relation to any Account.

Confidentiality of PAC and PIN

The Member will keep any PAC or PIN confidential and will not record a PAC or PIN in any format or medium, including, but not limited to, an electronic form, voice mail or e-mail, unless the record is in a form which is indecipherable to others. The Member will not select an obvious combination of digits or letters for a PAC or PIN, such as the Member's name, address, telephone number, birthdate or social insurance number. The Member will always screen the entry of a PAC or PIN.

The Member may change a PAC or PIN at any time and will change a PAC or PIN if and when required by CCS. For added safety and security, CCS recommends that the Member change each PAC and PIN on a regular basis, such as every 90 days.

Use of PAC or PIN

The Member acknowledges that the use of a PAC or PIN to conduct a Transaction is the equivalent of an electronic signature and constitutes authorization of the Transaction in the same manner as if authorization was given by the Member's signed written instructions. The Member will be bound by each such Transaction. CCS is not required to verify the actual identity or authenticity of any user of a PAC or PIN.

Misuse of PAC or PIN

If the Member suspects or becomes aware that a record of a PAC or PIN has been lost, or that there has been misuse or unauthorized use of a PAC or PIN, or that a PAC or PIN has become known or accessible to another person, the Member will notify CCS immediately in person or by telephone. CCS will provide the Member with a telephone number to call to report such loss, misuse or unauthorized use or knowledge of a PAC or PIN.

Member's Liability

The Member is liable for all authorized use of the PAC or PIN by any person and, save as specifically set out in this Agreement, for all unauthorized use of a PAC or PIN by any person which occurs before CCS has received notice in person or by telephone that a Card may have been lost or stolen, or that a record of the PAC or PIN may have been lost, or that there may have been misuse or unauthorized use of the PAC or PIN, or that the PAC or PIN may have become known or accessible to another person. The Member acknowledges that this liability includes liability resulting from any entry error or any fraudulent or worthless deposit at a Card Device as well as liability for funds which are accessible through a line of credit or overdraft protection. On receiving such a notice CCS will promptly cancel the PAC and/or the PIN and/or block the Card's access to the Services. 

The Member acknowledges that CCS does not have access to the PAC or PIN and that CCS is not responsible for any such unauthorized activity.

Services are available only on an "as is" and "as available" basis. The availability of Services is dependent on telecommunication lines, computer hardware and software, and other equipment belonging to CCS, the Member and Third Parties.

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person arising from the provision of, a delay in the provision of, or the failure to provide the Services, or from the malfunction or failure of telecommunication lines, computer hardware, software or other equipment for any reason, including the negligence of CCS.

Member's Responsibility

The Member is solely responsible for obtaining, assembling and maintaining all computing devices, hardware and software (including an up-to-date operating system, web browser, anti-virus and anti-spyware software, and a firewall), telephone services and equipment, internet access, and any other equipment and services necessary to enable access to the Services.

The Member acknowledges that there are inherent risks associated with the use of the internet and that security is not guaranteed. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member resulting from the Member's use of the internet or from the Member's failure to use reasonable measures to protect the Member's Sensitive Information and other confidential and personal information.

Reasonable Measures

The Member will take all reasonable measures to protect the Member's Sensitive Information and other confidential and personal information, including:

  • proactively scanning for and preventing receipt or transmission of malicious software, such as viruses, Trojan horses, spyware, worms, keystroke capturing applications or other dangerous or destructive elements;
  • not providing Sensitive Information to anyone in response to unsolicited emails, callers or other parties who may pretend to represent CCS and ask for this information;
  • not clicking or following a link provided in an unsolicited email, but instead accessing Coast Online® Banking Services and Coast Mobile® Banking™ Services by directly accessing the CCS Website;
  • verifying the identity of any caller claiming to represent CCS or the authenticity of any telephone number, website address, or link to the CCS Website provided by a caller or in an unsolicited email;
  • on completing a session of Coast Online® Banking Services or Coast Mobile® Banking™ Services, signing off and closing the web browser; and
  • taking all other appropriate measures to protect Accounts from fraudulent activities by Third Parties, such as always keeping any PAC and PIN confidential.
Use of Contact Centre Services

The Member will follow the instructions of CCS with respect to the use of Contact Centre Services. CCS may change permitted Transactions and instructions at any time.

Transactions Using Contact Centre Services

The Member may use Contact Centre Services to conduct such Transactions as may be permitted by CCS. When the Member conducts a Transaction using Contact Centre Services, once the Transaction has been processed, the Member may not revoke or countermand the Transaction.

CCS may, in its discretion, permit a Member to use Contact Centre Services to modify certain terms of agreements between the Member and CCS, such as payment dates. If CCS does permit such modifications, the Member will be bound by the terms of such modifications as if the Member had signed and delivered a written modification agreement. Notwithstanding the foregoing, at the request of CCS, the Member will sign such documentation as CCS may consider necessary to reflect and record such modifications.

Availability of Contact Centre Services

Contact Centre Services are available only on an "as is" and "as available" basis. The availability of Contact Centre Services is dependent on telecommunication lines, computer hardware and software, and other equipment belonging to CCS and to Third Parties.

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person arising from the provision of, a delay in the provision of, or the failure to provide the Contact Centre Services, or from the malfunction or failure of telecommunication lines, computer hardware, software or other equipment for any reason, including the negligence of CCS.

Authorization

The Member irrevocably authorizes and directs CCS to debit or credit, as the case may be, to an Account the amount of any Transaction effected using the Contact Centre Services, in accordance with the normal practices of CCS. CCS's procedures respecting the debiting and crediting of any Transaction may be changed from time to time with or without notice to the Member.

Restriction, Modification and/or Termination of Contact Centre Services

CCS may modify any Contact Centre Services, or restrict the use of any Contact Centre Services, or terminate the Member's right to use any Contact Centre Services at any time without notice. The modification, restriction or termination of the Member's right to use Contact Centre Services does not relieve the Member from any obligations incurred prior to such modification, restriction or termination.

Transfers From Accounts

When Contact Centre Services are used for transfers of funds from an Account, once the Transaction has been processed or the Instruction implemented, the Member may not revoke or countermand the Transaction or Instruction. The Member is responsible for ensuring the accuracy of the recipient account numbers to which the Member intends to transfer funds. If the Member uses the wrong account number, CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member as a result of funds being transferred to the wrong recipient. CCS is not responsible or obligated to retrieve or return such funds to the Member.

Other Agreements

Pressing the telephone key pad to accept any legal agreements presented by telephone will have the same effect as if the Member had signed and delivered hard copy versions of such agreements to CCS, and the Member will be legally bound by the terms of such agreements.

Use of E-Services

The Member will follow the instructions of CCS with respect to the use of E-Services, such as Coast Online® Banking Services, Coast Mobile® Banking™ Services and EMT. CCS may change permitted Transactions and instructions at any time.

Transactions Using E-Services

The Member may use E-Services to access any permitted Account and to conduct such Transactions as may be permitted by CCS. When the Member conducts a Transaction using E-Services, once the Transaction has been processed, the Member may not revoke or countermand the Transaction.

Availability of E-Services

E-Services are available only on an "as is" and "as available" basis. The availability of E-Services is dependent on telecommunication lines, computer hardware and software, and other equipment belonging to CCS, the Member and to Third Parties.

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person arising from the provision of, a delay in the provision of, or the failure to provide the E-Services, or from the malfunction or failure of telecommunication lines, computer hardware, software or other equipment for any reason, including the negligence of CCS.

Authorization

The Member irrevocably authorizes and directs CCS to debit or credit, as the case may be, to an Account the amount of any Transaction conducted using E-Services, in accordance with the normal practices of CCS. CCS's procedures respecting the debiting and crediting of any Transaction may be changed from time to time with or without notice to the Member.

Restriction, Modification and/or Termination of E-Services

CCS may modify any E-Services, or restrict the use of any E-Services, or terminate the Member's right to use any E-Services at any time without notice. The modification, restriction or termination of the Member's right to use E-Services does not relieve the Member from any obligations incurred prior to such modification, restriction or termination.

Transfers From Accounts

When E-Services are used for transfers of funds from an Account, once the Transaction has been processed or the Instruction implemented, the Member may not revoke or countermand the Transaction or Instruction. The Member is responsible for ensuring the accuracy of the information required to direct the transfer to the person or account to which the Member intends to transfer funds. If the Member uses the incorrect information, CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member as a result of funds being transferred to the wrong recipient. CCS is not responsible or obligated to retrieve or return such funds to the Member.

The Member will ensure that the intended recipient has consented to the use of its information to carry out the Transaction, including the provision of its information to CCS, Third Party financial institutions and Third Party payment services needed to complete the Transaction.

CCS may debit an Account for all applicable service fees for transfers from an Account using E-Services, including service fees imposed by Third Parties for EMT Services. If the Transaction is successfully cancelled or cannot be completed, except as expressly required by law, CCS shall have no obligation to refund service fees charged by CCS or any Third Parties for an E-Services Transaction.

Certain EMT Services

Where funds are sent or received by a Member using an EMT Service (including, without limitation, Interac® E-Transfer) that requires a recipient to provide the answer to a security question, a code or other security information (“Security Information”) in order to receive the funds, the Member agrees as follows:

  • The Member will not disclose or make available the Security Information to any person except to the sender or the intended recipient of the funds, as applicable.
  • The Member will not send Security Information by email or include Security Information in any optional message provided with the Transaction.
  • Funds transferred using EMT Services may be paid to any person who claims to be the intended recipient and provides the Security Information to CCS, a Third Party financial institution or a Third Party payment service, as applicable. CCS, the Third Party financial institution and the Third Party payment service have no obligation to verify that the Transaction amount was claimed by the person intended by the sender.
  • CCS may debit an Account when the Member initiates a Transaction through EMT Services and may hold the amount of the Transaction, without obligation to pay interest, until the amount is claimed, the Transaction is declined, the Transaction is cancelled as it has not been claimed or CCS or a Third Party financial institution, as applicable, determines that the Transaction cannot be completed.
  • The amount of the Transaction may not be remitted to the recipient immediately after being successfully claimed. CCS does not guarantee the date of deposit of the amount of the Transaction.
  • A Transaction may be cancelled by the sender up to the time the funds are successfully claimed by the recipient by providing the Security Information in the manner required to CCS, a Third Party financial institution or a Third Party payment service, as applicable. CCS, the Third Party financial institution or the Third Party payment service may cancel a Transaction if it has reason to believe that a mistake has occurred or the Transaction is a product of unlawful or fraudulent activity.
  • CCS will not be responsible for any cost, expense, loss, damage or inconvenience or any nature or kind whatsoever arising as a result of a Transaction being delayed, declined, cancelled, incomplete or claimed by a person other than the intended recipient.
  • CCS or Third Party financial institutions or other Third Party payment services may limit the number of Transactions that can be conducted by the Member through EMT Services, Accounts that may be used to conduct EMT Services, currencies that may be used for Transactions conducted using EMT Services, and impose limits on the value of Transactions that may be conducted using EMT Services, all without prior notice to the Member.
Coast Mobile® Banking™ Services

If the Member subscribes to Coast Mobile® Banking™ Services:

  • the Member's registered mobile phone and/or registered email address can be used to access information and receive automatic alerts about an Account (including information or alerts about Transactions, Account balances and other Account activities) without having to provide any PIN, PAC or other password;
  • the Member is liable for all authorized use of Coast Mobile® Banking™ Services and for all unauthorized use of Coast Mobile® Banking™ Services through the Member's registered mobile phone and/or registered email address by any person which occurs before CCS has received notice in person or by telephone that that the registered mobile phone may have been lost or stolen or that the Member's registered email address may have been compromised;
  • CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person as a result of any of the following:
    • any delay or failure to send and/or the Member's failure to receive, an automatic alert for any reason whatsoever;
    • an automatic alert issued in error or containing inaccurate or incomplete information; or
    • any disruption in Coast Mobile® Banking™ Services for any reason whatsoever including but not limited to a disruption caused by the Member's mobile phone and/or email service provider; and
  • the Member is wholly responsible for all fees which may be charged by the Member's mobile phone and/or email service providers.

Other Agreements

Any electronic display pages accessed by way of E-Services constitute written agreements. Clicking or otherwise activating "OK", "Proceed", "I Agree" or similar areas on the screen in accordance with on-screen instructions will have the same effect as if the Member had signed and delivered hard copy versions of such agreements to CCS, and the Member will be legally bound by the terms of such agreements.

Use of Card Services

The Member will follow the instructions of CCS with respect to the use of Card Services. CCS may change permitted Transactions and instructions at any time.

Transactions Using Card Services

The Member may use Card Services to conduct such Transactions as may be permitted by CCS. When the Member conducts a Transaction using Card Services, once the Transaction has been processed, the Member may not revoke or stop the Transaction.

Availability of Card Services

Card Services are available only on an "as is" and "as available" basis. The availability of Card Services is dependent on telecommunication lines, computer hardware and software, and other equipment belonging to CCS, the Member and to Third Parties.

Authorization

The Member irrevocably authorizes and directs CCS to debit or credit, as the case may be, to an Account the amount of any Transaction effected using the Card Services, in accordance with the normal practices of CCS. CCS's procedures respecting the debiting and crediting of any Transaction may be changed from time to time without notice to the Member.

Restriction, Modification and/or Termination of Card Services

CCS remains the owner of the Card and may restrict the use of the Card, modify the Card Services, cancel the Card and any Card Services, or terminate the Member's right to use the Card, at any time without notice. The restriction, modification or cancellation of the Card or any Card Services or the termination of the Member's right to use the Card or Card Services does not relieve the Member from any obligations incurred prior to such restriction, modification, cancellation or termination.

The Member will return the Card to CCS on request by CCS or on the Member ceasing to be a member of CCS.

If the Member uses the Card after CCS has requested its return, the Member remains liable for all Transactions.

Use of Card

The Card is for the Member's sole use and the Member will use the Card only for the purposes of obtaining Card Services. CCS may change the types of use that are permitted. The fact that a Card has been issued to the Member does not amount to a representation or a warranty that any particular type of service is available or will be available at any time in the future.

The Member will not deposit any coins, non-negotiable items or anything not acceptable for deposit into an Account into any ATM, and will pay to CCS any damages, costs, or losses suffered by CCS as a result of such deposit.

If an Account balance is altered or not altered due to technical problems, card issuer errors or system malfunctions, the Member will be liable to the extent of any benefit the Member has received, and will be entitled to recover from CCS any amounts debited in error from the Account.

The Member will not effect any Transaction through the Card which would result in a negative balance in an Account unless the Member has entered into a separate agreement with CCS which permits that Transaction. The Member will indemnify and hold CCS harmless from and against any and all liabilities, losses, claims and costs, including legal costs, incurred by CCS arising from such Transactions.

Lost or Stolen Card or Compromised PIN

If the Member suspects or becomes aware that the Card is lost or stolen, or that the PIN has been made accessible to another person, the Member will notify CCS immediately, in person or by telephone.

Liability

The Member is liable for all authorized use of the Card or PIN by any person and, save as specifically set out in this Agreement, for all unauthorized use of the Card or PIN by any person which occurs before CCS has received notice in person or by telephone that the Card may have been lost or stolen, or that the PIN may have been made accessible to another person. The Member acknowledges that this liability includes liability resulting from any entry error or any fraudulent or worthless deposit at a Card Device as well as liability for funds which are accessible through a line of credit or overdraft protection. On notification, CCS will promptly cancel the Card and/or the PIN or block the Card's access to the Services and the Member's liability for further use of the Card will terminate.

If CCS is satisfied on a balance of probabilities that the Member is a victim of fraud, theft, or coercion by trickery, force or intimidation, that the Member did not acquiesce in or contribute knowingly to any improper use of the Card or PIN, and that the Member took reasonable steps to protect the confidentiality of the PIN, and if the Member co-operates fully in any investigation, then the Member will be entitled to recover from CCS any amounts debited from an Account through such improper use of the Card or PIN.

Dispute Resolution

In the event of a problem with a Transaction involving Card Services, other than a problem related to goods or services provided by a Merchant, the Member will first try to reach a solution with CCS, and CCS will not unreasonably restrict the Member from the use of any funds subject to dispute.

CCS will respond to the Member's report of a problem or unauthorized Transaction within 10 business days and will indicate what reimbursement, if any, will be made for any loss suffered by the Member. An extension of the 10 business day limit may be necessary if CCS requires the Member to provide a written statement or affidavit to aid in its investigation.

If the Member is not satisfied with the response from CCS, CCS will provide the Member, on request, with a written explanation of the reason for its response. If the Member remains unsatisfied with the response from CCS, then the issue will be referred to appropriate CCS management personnel. If the Member remains unsatisfied with the response from CCS, then the issue will be referred for mediation to either a credit union system dispute resolution service, or if no such service is available, to an external mediation if agreed between the Member and CCS.

Neither CCS nor the Member will have the right to start any legal proceedings against the other until 30 days have passed since the problem was first raised with CCS.

Point of Sale Transactions

Once the Member has authorized a Point of Sale Transaction, the Card has been accepted by the Merchant, and the PIN and the Transaction request have been processed, the Member may not revoke or countermand the Transaction. Any dispute related to goods or services supplied in a Point of Sale Transaction is strictly between the Member and the Merchant. CCS will not be liable for the quality or non-receipt of the goods or services.

For the purposes of this section, "Point of Sale Transaction" means the use of the Card and the PIN for such of the following purposes as may be permitted from time to time by CCS:

  • the transfer of funds from an Account to purchase or lease goods or services from a seller, lessor or service provider (a "Merchant");
  • the transfer of funds from an Account to obtain a voucher, chit, scrip, token or other thing that may be exchanged for goods, services, or money; and
  • the transfer of funds into an Account from an account of a Merchant (e.g. a refund).

CCS is Not Liable

CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person arising from use of or attempted use of the Card or from any mechanical or operations failure in connection with such use or attempted use, even if CCS is negligent. CCS will not be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person if the Card is not honoured or if an Account cannot be accessed or used for any reason.

Foreign Currency Transactions

If the Card is used in connection with a Transaction in a foreign currency, the rate of conversion into Canadian currency will be fixed according to the rules of the electronic network through which the Transaction is conducted.

Renewals

CCS may issue renewals of the Card to the Member from time to time. All terms and conditions of this Agreement, as changed from time to time, apply to such renewals of the Card.

Code of Practice

This section is drafted with due regard to the Canadian Code of Practice for Consumer Debit Card Services, a copy of which is available from CCS on request.

The Member acknowledges that:

  • the information provided on the CCS Website is for general information purposes only and is not intended to provide specific financial, tax, accounting or legal advice;
  • while CCS believes the information contained on the CCS Website to be correct and attempts to keep the information current, CCS does not warrant the accuracy or completeness of any such information and expressly disclaims any liability for errors or omissions in this information;
  • any links to other websites are provided for convenience only, no endorsement of any Third Party products or services is expressed or implied by such links, and use of such other websites is at the Member's sole risk;
  • CCS does not represent or warrant that the services provided through the CCS Website will be uninterrupted or error free, that defects will be corrected, or that the CCS Website or the server that makes it available are free of viruses or other harmful components;
  • CCS recommends that the Member use an up-to-date operating system, web browser, anti-virus and anti-spyware software, and a firewall whenever the CCS Website is accessed. CCS also recommends that the Member establish a secure data backup and recovery process to protect data from any loss, compromise or damage;
  • in no event will CCS or any of its affiliates be liable for any loss, damage, injury or inconvenience suffered or incurred by the Member or any other person, including destruction, damage to or loss of data, software or hardware, caused by or arising in connection with any failure of performance, error, omission, delay in operation or transmission, computer virus or other harmful component; and
  • use of the CCS Website is subject to any additional legal terms specified on the CCS Website.

This Agreement applies only if an application for overdraft protection (the "Overdraft Application") has been made by the Member and approved by CCS. By making the Overdraft Application, the Member agrees to the terms in the Overdraft Application and the following terms (collectively, the "Overdraft Agreement").

Occasional Overdraft Privileges

The Member may overdraw an Account to the maximum amount indicated on the Overdraft Application (the "Overdraft Limit"). CCS reserves the right to change the Overdraft Limit on written notice to the Member.

Debits to Accounts

CCS may debit from any Account the amount of any cheque, withdrawal, service fee or other debit item drawn on the Account and interest as provided in this Agreement. CCS may refuse to pay any cheque, withdrawal or other debit item if the outstanding debit balance of the Accounts exceeds, or would after payment of such cheque, withdrawal or other debit item exceed, the Overdraft Limit on the day such cheque, withdrawal or other debit item is presented to CCS for payment.

Promise to Pay

The Member will pay to CCS on demand the amount by which any Account is overdrawn. The Member will also pay to CCS the applicable service fees established by CCS from time to time and, both before and after demand and judgment, interest charges on all amounts which overdraw any Account calculated on a daily basis from the date when each such amount is debited to the Account until the date of payment at the rate per annum and on terms that CCS may from time to time establish for overdrafts on CCS personal deposit accounts. Interest will be charged to the Account monthly. The Member will pay an amount equal to the amount of interest charged within one month of the date interest has been charged to an Account.

Member's Responsibility

The Member acknowledges that it is the responsibility of the Member to determine, by use of Contact Centre Services, Coast Online® Banking™ Services, or Coast Mobile® Banking Services, or by use of such other means as may be made available by CCS, the amount by which an Account is overdrawn, the rate of interest on such overdrafts, and the interest payments and principal payments due thereon.

The interest rate for overdraft protection may be obtained from any branch of CCS, through Contact Centre Services or on the CCS Website.

Use of Credit

The credit available under the Overdraft Agreement is to be used solely to cover overdrafts on Accounts, and must not be used as a long term credit facility. Until demand is made, the Member will make monthly deposits so that an Account will not remain overdrawn for more than 60 consecutive days.

Supply of Information to CCS

The Member will supply to CCS such further information as CCS may require from time to time to make current the information provided by the Member to CCS as part of the completion of the Overdraft Application process or after.

Failure to Make Payments

If the Member fails to make any payment in accordance with the Overdraft Agreement, or if the Member fails to do anything required under the Overdraft Agreement or under any other agreement with CCS, or if the Member dies, has given false information or becomes subject to or takes advantage of any law relating to bankruptcy or insolvency or for the relief of debts, or on attachment, execution or levy against the Member or any Account or the property of the Member, CCS will have no further obligation to pay any cheques, withdrawals or other debit items which would overdraw an Account or increase an overdraft in the Accounts and, at the option of CCS, any outstanding debit balance in any Account will, without limiting any of the other rights of CCS, become immediately due and payable without notice or demand.

Joint Tenants

If more than one person has signed the Overdraft Application, then the Member's obligations under the Overdraft Agreement are the joint and several obligations of each person who signed the Overdraft Application. CCS is authorized to pay any cheques, withdrawals or other debit items drawn on an Account which overdraw the Account or increase an overdraft in the Accounts in accordance with the signing authority for the Accounts.

Modification of Overdraft Agreement

CCS may change the terms and conditions of the Overdraft Agreement by providing notice using any of the means that CCS may use to inform the Member of a change to this Agreement. The effective date of such change will be set out in the notice. Operation of an Account or the use of Services after the effective date of any change will be deemed acceptance of such change.

Changes to Interest Rate

CCS may change the interest rate established by CCS for overdrafts on CCS personal accounts or the manner of calculating such interest rate, at any time without notice.

If the interest rate is based on a "prime rate", then the prime rate is the reference rate of interest per annum established by CCS from time to time for Canadian dollar loans as its Prime Rate. Every time the Prime Rate changes, the interest rate charged by CCS on the overdraft will automatically change by the same amount without notice.

Termination of Overdraft

Either the Member or CCS may terminate the Overdraft Agreement by giving written notice to the other, but no termination will relieve the Member of any obligation to CCS under the Overdraft Agreement until the Member has paid in full the outstanding debit balance of each Account, including all accrued and outstanding interest.

This Agreement is intended to be interpreted in accordance with its plain English meaning.

If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.

A waiver by CCS of the application of any provision of this Agreement will not create a waiver of any past or future application of that provision or any other provision of the Agreement. No waiver by CCS will be effective unless made in writing by a person with actual authority to grant the waiver on behalf of CCS. CCS’ failure or delay in exercising any right under this Agreement will not create a waiver of that right or any other right under the Agreement. A single or partial exercise of any right will not preclude CCS from any other or further exercise of that right or the exercise of any other right it may have.

All provisions of this Agreement that limit the liability of CCS or that provide for indemnification of CCS will survive the closing of the Accounts and the termination of this Agreement. Each provision of this Agreement that limits the liability of CCS or that provides for indemnification of CCS is independent, and no such provision shall be interpreted as limiting the effect of any other such provision.

This Agreement binds the Member and the Member's heirs, executors, administrators, successors and assigns. If the Accounts are Joint Accounts, this Agreement binds each of the persons comprising the Member and the heirs, executors, administrators, successors and assigns of each of them.

This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia.

The bold headings are for easy reference only and are not intended to affect the interpretation of the more detailed provisions under each heading.

The Member acknowledges receipt through the CCS Website or otherwise, of a true copy of this Agreement.

©2015 Coast Capital Savings Credit Union
Coast Capital Savings®, Coast Online®, and Coast Mobile® are registered trademarks of CCS.
® INTERAC is a registered trade-mark of Interac Inc.

For information on changes to deposit insurance and the transition period if we become a federal credit union, see the notice pursuant to the Disclosure on Continuance Regulations (Federal Credit Unions).