Legal

Interac Corp. Website Terms of Use

Last updated: November 2^nd, 2021

Copyright © 1998 – 2008 Interac Inc., All Rights Reserved.

PLEASE TAKE NOTE THAT YOUR USE OF THE INTERAC WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

The following sets forth the terms and conditions for the use of the www.interac.ca website imposed by Interac Association, Interac Inc. and Acxsys Corporation (collectively, “we” or “us” or the “sponsor”). Visitors to our website (“you” or “your”) are subject to these terms and conditions.

Links to other sites

This website provides links to third party websites which are not maintained or controlled by us. We do not warrant the accuracy, completeness or timeliness of any information available via linked third party websites, or endorse their products or services, or endorse any opinions expressed on such sites.

Hyperlinks

Unless you have a written agreement in effect with us that states otherwise, you may only provide a hypertext link to the Interac website from your website, provided that:

• the link is a text-only link clearly marked “Interac Home Page” or “www.interac.ca”;
• the link points to the URL “https://www.interac.ca” and not to any other page within the Interac website;
• the appearance, position and other aspects of the link on your website does not damage or dilute the goodwill associated with our names or trade-marks;
• the appearance, position and other aspects of the link does not create the false appearance that any entity is associated with or sponsored by us;
• the link, when activated by a user, displays the Interac website full-screen and not within a “frame” on the linked website; and
• we reserve the right to revoke its consent to the link at any time in its sole discretion

Privacy

Our collection, use and disclosure of your personal information is governed by our Privacy Statement, as may be amended from time to time.

Changes to these Terms of Use

These Terms of Use were last updated on March 24, 2008. We reserve the right to revise them at any time. You are bound by such revisions so we encourage you to visit this page frequently to stay informed.

Applicable laws and regulations

Your access to and use of this website is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to our site.

Your agreement

This website (excluding linked sites) is controlled by our service provider from its offices in Ontario, Canada. By accessing this website, you and the sponsor. agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of Canada and Ontario, without regard to the conflicts of laws principles thereof. You and the sponsor also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

The names, words, titles, phrases, logos, icons, graphics, designs, or other content (including copyright-protected content) on our website are subject to intellectual property rights (including trademark protection) and are owned by Interac Corp., or by third parties and are used under licence by Interac Corp. and/or its subsidiaries (Interac). Interac and the Interac logo are registered trademarks of Interac Corp.

Without limiting the generality of the foregoing, trademarks owned by Interac include but are not limited to the following:

• “Be in the Black” and design
• CertaPay and design
• CertaPay Email Transfer and design
• CertaPay Virements de Fonds Par Courriel and design
• “Everyday Simply”
• “Tous les jours, tout simplement”
• Flash
• Hands & Keypad design
• Interac
• Interac and design
• “Interac Flash” and design
• “Flash Interac” and design
• InLife
• Interac Instant
• Interac logo
• Interac master logo and sound
• Interac Direct
• Interac e-Transfer
• Virement Interac
• Instant Interac e-Transfer
• Interac Instant e-Transfer
• Interac Instant Transfer
• Interac Verified and design
• KONEK and design
• KONEK tile design
• Kontac and design
• Kontac tile design
• “Own Your World” and design
• “Votre univers en main” and design
• Ochre & colour
• “Pay in a flash”
• “Payez en un flash”
• “Powered by Canada”
• “Propulse par le Canada”
• “Powered by Interac”
• “Propulse par Interac”
• “PROTECT YOUR PIN” and design
• “PROTEGEZ VOTRE NIP” and design
• “Swipe the Stripe”
• “Smarter than Cash”
• “Plus brillant que l’argent”
• The Armoured Car Logo
• Voop
• Voop and design
• 2Keys
• Other trademarks comprised of “Interac”

 

The display of trademarks or service marks within our website does not grant you a license of any kind to such marks. You are prohibited from using tradenames, trademarks or services marks displayed on out website for any purpose without our prior written permission.

The information on our website is for your personal use only, provided such use includes a reference to the respective copyright and/or trademark notice or attribution as denoted on the pages copied. Except when otherwise stipulated, the information may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Interac. The information on our website is protected under the copyright laws of Canada. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents of our website may be a violation of federal or other law that may apply to trademarks and/or copyrights, and such actions could subject the copier to legal action.

Last updated: August 7^th, 2021

1.1 Introduction

Interac Corp., (“Interac”), is the provider of the Interac e-Transfer^® service (previously Interac^® Email Money Transfer offered by Interac’s predecessor, Acxsys Corporation), including Interac e-Transfer^® Bulk, Interac e-Transfer^® for Business, Request Money and Autodeposit (collectively, the “Interac e-Transfer service”). If you have received an email or text message from the Interac e-Transfer service, it is because (i) you are the sender of an Interac e-Transfer transaction or a request to send an Interac e-Transfer transaction (“Request Money”) via your participating financial institution; (ii) you are the recipient of an Interace-Transfer transaction and the sender has provided us with your name and contact information via their participating financial institution; (iii) you are the recipient of a Request Money and the sender has provided us with your name and contact information via their participating financial institution; or (iv) you have registered for the automatic deposit feature of the Interac e-Transfer service (“Autodeposit”).  If you have an account at one of Interac e-Transfer’s participating financial institutions, you can choose to receive or make a payment through that institution’s online banking service. By using the Interac e-Transfer service, including by accessing any of Interac’s websites (including but not limited to www.interac.ca) or the Interac e-Transfer gateway page (collectively, the “Sites”), you are agreeing to these terms and conditions as more fully set out in section 1.5. If you do not agree with all of these terms and conditions, please contact the sender of Interac e-Transfer funds or the requester of Interac e-Transfer funds to arrange another method of payment.

1.2 Definitions:

When we use the words “we” or “us” or “Interac” in these terms and conditions, we mean Interac, its directors, officers, employees, agents, contractors, subcontractors and suppliers, as applicable.

1.3 The Interac e-Transfer Service:

The Interac e-Transfer service is a payment service that lets one person or business make or receive a payment to or from another electronically. See how it works by visiting https://www.interac.ca/interac-e-transfer-consumer. Interac only facilitates Interac e-Transfer transactions. Interac is not a financial institution and is not subject to banking regulations. For banking services, you should contact one of the Interac e-Transfer participating financial institutions.

1.4 Privacy:

Interac may be required to collect limited personal information about you in order to complete Interac e-Transfer transactions. The collection and use of that information is subject to our Privacy Notice, available here, and which may be updated from time to time. Please review our Privacy Notice carefully for a full description of the information we collect, why we need it, how we use it, and how we protect it. Any references in our Privacy Notice to Acxsys Corporation also include Interac, Acxsys Corporation’s legal successor. Acceptance of our Privacy Notice is deemed when Interac e-Transfer services are used.

 1.5 Agreement to Terms and Conditions:

By accessing the Interac e-Transfer gateway page or by otherwise using the Interac e-Transfer service, you are agreeing (a) to these terms and conditions, (b) that you have read and understood them, and (c) that you are bound by them  and will comply with them.  You are also agreeing to your financial institution’s terms and conditions when you access your financial institution’s website to deposit, send payments, use Request Money or register for Autodeposit via the Interac e-Transfer service.

Interac may make changes to these terms and conditions at any time. Any changes we make will be effective immediately once posted on the Sites and you are bound by the terms and conditions in effect at the time that you access the Sites. A copy of the terms and conditions are available on the Sites, and you may review them at any time. We encourage you to print a copy of these terms and conditions and any updates for your own files.

1.6 Use of the Interac e-Transfer Service:

a) You may only use the Interac e-Transfer service to send your own funds and to collect funds that are intended for you in accordance with your financial institution’s terms and conditions. You may not use the service to collect transactions where you are not the intended recipient.

b) You may only use the Interac e-Transfer service to send your own funds or deposit funds to your own account in accordance with your financial institution’s terms and conditions. You may not use the service to deposit transactions to a bank account for which you are not the account holder or an account for which you are not a legal signatory. You may not use the service to deposit transactions on behalf of a third party. You may not use the service to send funds from another person’s account.

c) When an Interac e-Transfer transaction is sent to you, the sending financial institution will hold the funds for you until you either deposit the transferred funds, the Interac e-Transfer transaction is cancelled, or the Interac e-Transfer transaction expires. You will not earn interest on the funds during the time that the funds are held in a clearing account at one of our participating financial institutions.

d) Once our records show that you have deposited an Interac e-Transfer transaction, the Interac e-Transfer transaction will be final.

e) Until you have attempted to deposit the Interac e-Transfer transaction or the transaction has been automatically deposited, the sender may cancel the Interac e-Transfer transaction and you will no longer have a right to collect the Interac e-Transfer transaction. Interac may also decline to process or complete the Interac e-Transfer transaction because: you have supplied incorrect information; you cannot answer the sender’s question; your personal or business information cannot be verified; Interac or a participating financial institution suspects that you, or any other party to the transaction is involved in illegal or wrongful activity; or the Interac e-Transfer transaction exceeds a transaction limit. If the Interac e-Transfer transaction cannot be completed, we will automatically notify the sender that it must be cancelled. If the Interac e-Transfer transaction is cancelled for any of the above reasons, your sole remedy for non-payment is against the sender and you will have no claim against Interac.

f) In order to process Interac e-Transfer transactions and verify your personal information, you authorize us to disclose any personal information provided to us by you or on your behalf to the applicable participating financial institution and to other carefully selected third parties who may check the accuracy of such personal information and may provide verification of such personal information based on information they have previously collected about you.

g) You agree that you will not (i) use any robot, spider, offline reader, site search application, site retrieval application or other device, tool, or process (whether manual or automatic) to: access the Interac e-Transfer service or the Sites; retrieve any Interac e-Transfer transactions; or retrieve, index or data mine the Interac e-Transfer service the Sites; or in any way reproduce or circumvent the navigational structure or presentation of the Interac e-Transfer service or the Sites or their respective contents, including with respect to any CAPTCHA displayed, unless expressly authorized by us in writing and you agree that we may revoke any such authorization at any time; (ii) use any automated software or computer system to search for, retrieve, process or otherwise allocate Interac e-Transfer transactions unless expressly authorized by us in writing, and you agree that we may revoke any such authorization at any time; (iii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (iv) use the Interac e-Transfer service or the Sites, alone or in conjunction with any device, program or service, in an attempt to circumvent any technological measure that effectively controls access to, or the rights in, the Interac e-Transfer service, the Sites or any Interac e-Transfer transaction in any way including, without limitation, by manual or automatic device or process, for any purpose whatsoever; (v) use, permit the use of, or advocate, promote, assist or facilitate the use of the Interac e-Transfer service or the Sites in a manner that is, in whole or in part: (A) criminal in nature, gives rise to civil liability or otherwise violates applicable law; or (B) harassing, hateful, illegal, profane, obscene, defamatory, threatening, injurious, discriminatory or that promotes or encourages inappropriate activity.

1.7 Disclaimers:

a) System malfunction: Interac provides the Interac e-Transfer service and the Sites “as is” and “as available”. Interac does not guarantee that the Interac e-Transfer service or the Sites will always be error-free or that the Interac e-Transfer service or the Sites will always function without disruptions, delays or imperfections. Interac is not responsible for the actions or information of third parties, and you release Interac from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Further, and without limiting the limitation of liability set out in section 1.14, Interac is not responsible or liable for any loss resulting from causes outside its direct control, such as failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labour problems, wars, disease, epidemic, governmental restrictions, or for any loss of information caused by disruptions in or malfunctions of service.

b) Exclusion of Warranties: You expressly understand and agree that Interac provides an intermediary service only. Interac’s only obligation is to carry out the Interac e-Transfer payment instructions by inviting you to collect or send an Interac e-Transfer transaction through the Interac e-Transfer service. To the fullest extent permitted by applicable law, Interac expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise, with respect to the services we render and with respect to the transactions between you and other parties, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. You assume all liability and risk arising from your acceptance or creation of Interac e-Transfer transactions through Interac or otherwise, including any liability or risk that an Interac e-Transfer transaction was improperly sent to or requested from you, that you may be required to return the Interac e-Transfer transaction or associated funds for any reason, that the Interac e-Transfer transaction was illegal, or that you may legally be required to turn the Interac e-Transfer transaction or any associated funds over to another person for any reason. You agree that Interac is not liable or responsible for any losses or damages suffered by you because of Interac e-Transfer transactions accepted by you.

1.8 Eligibility and Your Responsibilities:

a) Eligibility: To use the Interac e-Transfer service, you must have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut and Yukon). If you are under the age of majority, you must have your parent’s permission to use the Interac e-Transfer service. Please ask your parent or legal guardian to read these terms and conditions with you. If you are a parent or legal guardian, and you allow your child to use the Interac e-Transfer service, then these terms and conditions apply to you and you are responsible for your child’s Interac e-Transfer transactions. You must possess an account with one of Interac e-Transfer’s participating financial institutions. The first time you use the Interac e-Transfer service to receive or respond to an Interac e-Transfer transaction, your financial institution may register you with Interac by providing certain identifying information about you. You may also have to answer a question created by a sender before you can deposit any funds.

b) Information: You must provide true, accurate and complete information in all of your communications with Interac. You agree not to impersonate any person or use a name you are not authorized to use. If any information you provide to us changes, you agree to notify Interac (and you authorize your financial institution to notify Interac) prior to depositing subsequent payments. You agree that we are entitled to rely on the information you or your financial institution provide us, including as to your deposit account, address, email address, telephone number or identity, and that any loss suffered because this information is inaccurate or incomplete will be borne by you alone and not by Interac. If any information you give, or that is given on your behalf, is untrue, inaccurate, outdated or incomplete, Interac has, among other remedies, the right to disable or terminate your registration immediately, block you from being registered again and block you from otherwise using the Interac e-Transfer service. In addition, Interac can recover from you any costs or losses incurred by it because of its use of untrue, inaccurate, outdated or incomplete information.

c) Use of the Interac e-Transfer Service: You agree to use the  Interac e-Transfer service and the Sites only for lawful purposes. You will not use the Interac e-Transfer service or the Sites in violation of any applicable laws or regulations. You agree that Interac has the right, in its sole discretion, to disable your profile or refuse to process any transactions with you. As described more fully in the Privacy Notice, Interac may also report suspicious activity to the appropriate authorities, the participating financial institutions and other third parties. You agree that Interac will not be liable to you or held responsible for such termination or refusal of service or for reporting suspicious activity to the appropriate authorities, participating financial institutions or other third parties.

d) Intellectual Property:

All content on the Sites (including, without limitation, the design, text, html code, multimedia clips, graphics, icons, java code, audio, visual materials, trademarks, service marks, logos, slogans and internet domain names), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, service marks, patents, or other proprietary rights and laws (the “Intellectual Property”).

Interac or its licensors shall retain all rights, title, ownership and interests in the Sites’ content and any Intellectual Property rights therein. Except as expressly provided, nothing in these terms or within the Sites shall be construed as granting any license under any of the Intellectual Property rights, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing or using, in whole or in part, any of the Sites’ content or Intellectual Property appearing on the Sites without the prior written consent of Interac or any third party owner of the Sites’ content or Intellectual Property. We will take the appropriate legal action necessary to enforce our rights respecting any prohibited use of any Site content or Intellectual Property appearing on the Sites.

You acknowledge that the names Interac Corp., Interac e-Transfer, Interac e-Transfer for Business and Interac e-Transfer Bulk, and all Interac trademarks, logos and service marks, and contents of the Interac e-Transfer gateway page and Interac’s website are the property of Interac, protected under copyright, trademark and other laws. You may not sell, copy or modify any of the contents of the Sites or otherwise use them for any public or commercial purpose.  By using the Sites, you acknowledge that the unauthorized use of the materials contained on the Sites may cause irreparable harm to Interac and that in the event of any unauthorized use, Interac shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Interac.

e) Indemnification: To the greatest extent permitted by law, you shall indemnify, defend and hold Interac and its directors, officers, employees, agents, contractors, subcontractors and suppliers harmless for any claims, liability and expenses of any kind (including reasonable legal fees and costs) arising out of your breach of these terms and conditions, wrongful activity, illegal act or your use of the Interac e-Transfer service, the Sites, their respective contents, or any other material or information provided to you by or on behalf of Interac. Interac reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

1.9 Electronic Communications:

You agree that these terms and conditions constitute a binding contract between you and Interac with respect to accessing the Interac e-Transfer service and the Sites. You agree that the following may be provided to you by electronic means, including by posting the relevant information on the Sites: notice of amendments to the terms and conditions; records of payments received or declined through Interac, including confirmations of individual transactions; disclosures or notices required to be provided by law; and customer service communications, including any communications with respect to claims or complaints initiated by you. We are entitled to rely on the contact information (including the email address) provided to us by you or on your behalf, and any electronic communication sent to you will be deemed to have been received by you no later than five business days after Interac sends it to you whether or not you actually receive or retrieve the communication. You should print a paper copy of these terms and conditions and any electronic communications from Interac for your records.

1.10 Passwords:

Before depositing funds, you may be asked to answer a question asked by the sender to assist in protecting the funds. Neither you nor the other party to the Interac e-Transfer transaction should reveal the answer to anyone and you must not answer a question related to an Interac e-Transfer transaction that is not directed to you. Interac is not responsible for any losses incurred as a result of someone else receiving an Interac e-Transfer transaction intended for you or sent by you, answering the question the sender posed or depositing the associated funds.

1.11 Sending and Receiving Transaction Limits:

Interac has the right to impose limits on the value of any transaction and the cumulative value or number of transactions during a specified period of time. You agree that Interac will not be liable if it refuses to make a payment to you that would exceed any limits established by it for security reasons.

1.12 Records of Transactions:

A confirmation will be sent by electronic communication to you and/or the other party to the Interac e-Transfer transaction when, according to Interac’s records, an Interac e-Transfer transaction has been initiated to or declined by you; when an Interac e-Transfer transaction has been processed; when the funds have been sent back to the financial institution of the sender; when you make or receive a Request Money; or when you register for Autodeposit. However, you may not receive any transaction confirmations from Interac if the sender of an Interac e-Transfer transaction has opted to not have Interac send confirmations; in these instances, you may only receive notifications from your financial institution. You should print or otherwise retain a copy of these communications for your own files. Interac does not guarantee the accuracy of transaction records, may not be able to reproduce such records at a later date and will not be liable for any losses caused by your failure to retain such records or your reliance on such records. If you think a confirmation or transaction record is incorrect, you must contact Interac no later than 30 (thirty) calendar days after a transaction confirmation has been sent to you; otherwise the confirmation will be deemed to be correct. Any dispute relating to records of transactions from the Interac e-Transfer service will be resolved as set out in section 1.20.

1.13 Funds Delivery Time:

You acknowledge that there are a number of factors outside of the control of Interac that affect the timing of when funds are transferred to your account, such as internal rules of your financial institution regarding the transfer of funds. We make no representations or warranties regarding the timing of any deposit of funds into your account. You agree that Interac is not be liable for any actions taken or which are not taken by third parties including by your financial institution in relation to the timing of delivery of funds, whether or not the timing was in the control of Interac, and that Interac is not liable for any direct, indirect or consequential damages relating to the same.

1.14 Limitation of Liability:

In no event will Interac, its directors, officers, employees, agents, contractors, subcontractors and suppliers be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type other than out of pocket expenses, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with your use of the Interac e-Transfer service, sending, receiving or failing to receive an Interac e-Transfer transaction, your use of the Sites, or any product or service purchased or sold using any service provided by Interac, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the generality of the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any act or omission of another user of the Interac e-Transfer service or the Sites; (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your use of the Interac e-Transfer service or your access to or use of the Sites or any of our other services or those of our affiliates; (c) any unauthorized access to or use of Interac’s secure servers or any and all personal information or financial information stored on such servers; (d) any worms, bugs, viruses, trojan horses, date bombs, defects, time bombs or other items of a destructive nature which may be transmitted to or using the Sites or any of Interac’s services; or (e) any errors, mistakes, inaccuracies or omissions in any content. Your sole and exclusive remedy for dissatisfaction with the Interac e-Transfer service is to stop using the service. The limitations in this section will apply even if any limited remedy fails of its essential purpose. Interac’s liability will be limited under this paragraph and these terms and conditions to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply only to the extent applicable law permits the recovery of damages, attorneys’ fees or costs that would otherwise be prohibited by the limitations in this section.

1.15 Termination:

Interac has the right, in its sole discretion, to terminate your ability to access the Interac e-Transfer service or the Sites or use any other services provided by Interac or its affiliates.

1.16 Severability:

If any provision of these terms and conditions is found to be invalid, the invalidity of that provision will not affect the validity of the rest of these terms and conditions, which will remain in full force and effect.

1.17 Waiver:

Our failure to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.

1.18 Entire Agreement:

These terms and conditions, including the Privacy Notice, constitute the entire agreement between you and us with respect to the Interac e-Transfer service, and supersede and replace any prior agreements we may have had between us regarding the Interac e-Transfer service and your use of the Sites, including but not limited to any prior versions of these terms and conditions.

1.19 Assignment:

These terms and conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

1.20 Jurisdiction:

The Interac e-Transfer service is maintained in the Province of Ontario, Canada. It can, however, be accessed from places around the world. Although these places may have different laws from Ontario, by using the Interac e-Transfer service, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of the Interac e-Transfer service, without regard to rules relating to conflict of laws. Interac makes no claims that anything on this site may be lawfully viewed or downloaded outside of Canada. Access to materials on the Sites may not be legal by certain persons or in certain countries. If you access the service from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any dispute relating to these terms and conditions or the Interac e-Transfer service will be resolved as set out in section 1.20.

1.21 Links:

The Sites may contain links to third party websites. These links are provided solely as a convenience to you and do not imply any endorsement by Interac. Interac is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

1.22 Complaints or Disputes:

If you need more information or you believe that a confirmation or transaction record is incorrect, contact Interac Corp., by email to etransfer_support@interac.ca, or in writing to:

Complaints and Disputes – Interac e-Transfer

Interac Corp.

Royal Bank Plaza, North Tower, P.O. Box 45

200 Bay Street, Suite 2400

Toronto, Ontario M5J 2J1

Canada

Any dispute or complaint must be submitted to Interac within 30 calendar days of receiving the confirmation that you believe is incorrect. If you contact Interac by telephone, you must confirm your dispute or complaint by email or in writing within ten business days. Interac will investigate any written dispute or complaint and advise you of its decision on your complaint or dispute in writing within 60 days. Any dispute arising out of or in any way connected with these terms and conditions or the Interac e-Transfer service will be determined by arbitration pursuant to the provisions of the Arbitrations Act, 1991 (Ontario) as they may be amended from time to time.

Arbitration may be initiated upon either party giving 5 business days’ written notice to the other. The arbitration shall be by a single arbitrator to be appointed by agreement of the parties. If the parties fail to agree on the selection of an arbitrator, then, within 15 business days of written notice, either party may apply to the ADR Institute of Canada, Inc. for a list of arbitrators pursuant to Article 10 of their Rules of Procedure for Commercial Arbitration. The parties shall then select an arbitrator from that list according to those rules. All costs and expenses of arbitration shall be borne by the parties equally, unless the arbitrator in his or her sole discretion otherwise directs. The parties further agree that any arbitration shall take place in the City of Toronto, in the Province of Ontario, Canada.

Interac Corp., by publishing this document, does not guarantee that any information contained herein is and will remain accurate or that use of the information will ensure correct and faultless operation of the relevant service or equipment. Interac Corp., its agents and employees shall not be held liable to or through any user for any loss or damage whatsoever resulting from reliance on the information contained herein.

Welcome to Sound of Spending

The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at https://www.interac.ca/sound-of-spending/. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending.

Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such  notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage.

About Sound of Spending; Further Definitions

Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending.

Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac.

You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks.

Representations and Warranties

You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending.

Intellectual Property and Limited License

All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”).

Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”).

Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending.

By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same.

Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark.

Agreed Usage

You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose.

When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use.

Sharing of Tracks

You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media.

Privacy

Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information.  We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending.

General Disclaimer

WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE.

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO.

USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct.

Termination

Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination.

Use Prohibited Where Contrary to Law

Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.

Modifications

Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof.

Governing Law

These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect.

Injunctive Relief

You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

Assignment

These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email

Welcome to Sound of Spending

The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at [link]. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending.

Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such  notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage.

About Sound of Spending; Further Definitions

Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending.

Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac.

You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks.

Representations and Warranties

You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending.

Intellectual Property and Limited License

All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”).

Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”).

Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending.

By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same.

Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark.

Agreed Usage

You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose.

When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use.

Sharing of Tracks

You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media.

Privacy

Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information.  We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending.

General Disclaimer

WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE.

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO.

USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.

NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct.

Termination

Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination.

Use Prohibited Where Contrary to Law

Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.

Modifications

Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof.

Governing Law

These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect.

Injunctive Relief

You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

Assignment

These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email socialmedia@interac.ca

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THIS WEBSITE AND CERTAIN OTHER WEBSITES OPERATED BY THE GOVERNMENT OF CANADA. THIS AGREEMENT IS BETWEEN YOU AND 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.

DEFINITIONS:

• “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof.
• “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service.
• “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service.
• “Government Websites” means the websites operated by or on behalf of the Government of Canada with which the Service may be used.
• “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp.
• “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings.
• “Modification” has the meaning given to it in section 4 hereof.
• “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you.
• “Released Parties” means Interac, the Government of Canada, the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents.
• “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to certain Government Websites, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by the Government of Canada, by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the Government Websites you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider.
• “Third Party Offerings” has the meaning given to it in section 6 hereof.
• “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider.

CLAUSES

1. The Service

The Service is provided by Interac. The Service allows you to authenticate your credentials at certain Government Websites by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement.

2. Your Responsibility for use of Your Credentials

You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason.

3. Personal Information

Interac does not collect any Personal Information from you in the operation of the Service. Any Personal Information collected from you when you access the Government Websites using the Service is collected by the Government of Canada, and is subject to the privacy policy of the Government of Canada and all applicable laws. Any Personal Information collected from you when you access websites operated by or on behalf of your Credential Service Provider with which the Service may be used is collected by your Credential Service Provider, and is subject to the privacy policy of your Credential Service Provider and all applicable laws.

4. Modification of Service or Termination of Service or this Agreement by Us

We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you.

We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service.

You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service.

5. Intellectual Property Ownership, Reservation of Rights

The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason.

6. Third Party Offerings

The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, Government Websites and websites operated by your Credential Service Provider. The links to Third Party Offerings, including websites operated by Credential Service Providers, are not under the control of the Government of Canada or any other government institution, are provided solely for the convenience of users, and the content of such Third Party Offerings and websites may not be subject to the Official Languages Act.  Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, is governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings.

LIMITATIONS

7. No Warranties

THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

8. Limitation of Liability

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.

IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON.

9. Indemnity

You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason.

10. Assignment

You may not assign this Agreement.

11. Entire Agreement

This Agreement represents the entire agreement between you and us concerning the Service for accessing Government Websites (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

12. Governing Law and Jurisdiction

This Agreement is governed by and subject to the laws of the Province of Ontario, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto.

13. Additional Provisions

The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

14. Contact Information

If you have any questions about this Agreement including the Service, please visit www.interac.ca.

Privacy Notice

The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on certain websites of the Government of Canada (the “Relying Parties”), using credentials they have been provided by their financial institution or other Sign-In Partners. The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp..

Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice.

If you do not wish to use the Interac Service, the Relying Parties’ online services do allow you to use alternative government credentials, as well as provide options to access such services by phone, fax, mail, or in person. For further details, contact the Relying Party.

The End User Information We Collect

We do not collect or use your personally identifying information in the operation of the Interac Service. This is achieved through the use of anonymous authentication requests and anonymous identifiers in the authentication responses. The personal information you provide to your Sign-In Partner is not collected by us, it is provided by you to your Sign-In Partner pursuant to their privacy policy, and is not provided by them to us. In addition, the personal information you provide to the Relying Parties to use their services is not provided to us.

In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”):

• An anonymous session identifier (contained in a session cookie);
• The end user’s language preference (contained in a session cookie);
• The end user’s Internet Protocol (IP) address.

Details as to how we use this information are listed below.

How We Use End User Information

We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Parties to the extent required to provide you with the service.

The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies.

The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes.

Our Disclosure of End User Information

We only disclose End User Information to Sign-In Partners and Relying Parties, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Parties have the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services.

We may disclose End User Information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required under any applicable law, rule, or regulation, and (d) in good faith, to protect or defend our rights or property or those of other persons.

Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service.

If you require clarification about this statement, please contact our Privacy Office by email at privacy@interac.ca, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1.

For more information on privacy issues and the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in general, please consult the Department of Justice / PIPEDA website, or call 1-800-O-Canada (1-800-622-6232). Each Relying Party and Credential Service Provider has their own Privacy Policy. For more information please refer to the specific Relying Party or Credential Service Provider website.

Interac and the Interac logo are trademarks of Interac Corp.

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THE WEBSITE OPERATED BY ÉPARGNE PLACEMENTS QUÉBEC (“EPQ”). THIS AGREEMENT IS BETWEEN YOU 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.

DEFINITIONS

• “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof.
• “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service.
• “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service.
• means the website operated by or on behalf of EPQ with which the Service may be used.
• “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp.
• “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings.
• “Modification” has the meaning given to it in section 4 hereof.
• “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you.
• “Released Parties” means Interac, EPQ , the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents.
• “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to the EPQ Website, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by EPQ , by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the EPQ Website to which you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider.
• “Third Party Offerings” has the meaning given to it in section 6 hereof.
• “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider.

CLAUSES

1. The Service

The Service is provided by Interac. The Service allows you to authenticate your credentials at the EPQ Website by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement.

2. Your Responsibility for use of Your Credentials

You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason.

3. Personal Information

Except for the IP address of the computer that communicates with our Websites, Interac does not collect any other Personal Information from you in the operation of the Service. Any Personal Information collected from you when you access the EPQ Website using the Service is collected by EPQ , and is subjectwithout limitation to the provisions of the Tax Administration Act (CQLR, c. A-6.002) and of the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR, c. A-2.1). Any Personal Information collected from you when you access websites operated by or on behalf of your Credential Service Provider with which the Service may be used is collected by your Credential Service Provider, and is subject to the privacy policy of your Credential Service Provider and all applicable laws.

4. Modification of Service or Termination of Service or this Agreement by Us

We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you.

We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason with reasonable notice or immediately for a serious reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service.

You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service.

If you are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1), we will send you prior notice of 30 days of the modification of or termination of your participation in the Service. You may refuse the modification by notifying us within 30 days after such modification comes into force.

5. Intellectual Property Ownership, Reservation of Rights

The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason.

6. Third Party Offerings

The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, Government Websites and websites operated by your Credential Service Provider. Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, are governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings.

LIMITATIONS

7. No Warranties

THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES MAKE NO REPRESENTATION OR CONDITION AND DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

8. Limitation of Liability

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR REPUTATION, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THEIR CONTROL.

IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON.

THIS LIMITATIONS OF LIABILITY IN THE FIRST AND SECOND PARAGRAPHS ABOVE DO NOT APPLY TO MATERIAL INJURY CAUSED THROUGH INTENTIONAL OR GROSS FAULT.

IN ADDITION, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU IF YOU ARE A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT.

9. Indemnity

You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of Section 2 of this Agreement and/or arising from a breach of Section 2 of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason.

10. Assignment

You may not assign this Agreement.

11. Entire Agreement

This Agreement represents the entire agreement between you and us concerning the Service for accessing the EPQ Website (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

12. Governing Law and Jurisdiction

This Agreement is governed by and subject to the laws of the Province of Québec, and the federal laws applicable therein, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Québec.

13. Additional Provisions

The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

14. Contact Information

If you have any questions about this Agreement including the Service, please visit www.interac.ca.

Privacy Notice

The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on the EPQ Website (the “Relying Party”), using credentials they have been provided by their financial institution or other supplier (a “Sign-In Partner”). The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp.

Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice.

If you do not wish to use the Interac Service, the Relying Party’s online services do allow you to use alternative government credentials, as well as provide options to access such services. For further details, contact the Relying Party.

The End User Information We Collect

Except for the IP address of the compute that communicates with our Websites, we do not collect or use your personally identifying information in the operation of the Interac Service. This is achieved through the use of anonymous authentication requests and anonymous identifiers in the authentication responses. The personal information you provide to your Sign-In Partner is not collected by us, it is provided by you to your Sign-In Partner pursuant to their privacy policy, and is not provided by them to us. In addition, the personal information you provide to the Relying Party to use its services is not provided to us.

In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”):

• An anonymous session identifier (contained in a session cookie);
• The end user’s language preference (contained in a session cookie);
• The end user’s Internet Protocol (IP) address.

Details as to how we use this information are listed below.

How We Use End User Information

We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Party to the extent required to provide you with the service.

The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies.

The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes.

Our Disclosure of End User Information

We only disclose End User Information to Sign-In Partners and Relying Party, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Party has the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services.

We may disclose End User Information as permitted under the Act respecting the protection of personal information in the private sector (RSQ, c. P-39.1).

Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service.

If you require clarification about this statement, please contact our Privacy Office by email at privacy@interac.ca, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1.

For more information on privacy issues in general, please consult the Website of the Commission d’accès à l’information at http://www.cai.gouv.qc.ca/, or call 418 528-7741 or 514 873-4196.

The Relying Party and each Credential Service Provider has their own Privacy Policy. For more information please refer to the specific Relying Party or Credential Service Provider website.

Interac and the Interac logo are trademarks of Interac Corp.

Terms and Conditions

Last Updated: March 21, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY.  THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS EXCLUSIONS AND LIMITATIONS ON LIABILITY.

By using or accessing the Interac^® document verification service site, application, software or services (collectively, the “Services”), you agree that you will comply with and are bound by the following terms and conditions.  If you do not agree to these terms and conditions (referred herein as either the “Agreement” or the “Terms”), you may not use our website, software or Services. These Terms may be accessed via your device or on our website at https://www.interac.ca/legal/#interac-document-verification-service-terms-and-conditions .  If you wish to retain a copy of these Terms, you may print them from our website.

The term “Interac”, “we”, “us” or “our” refers to 2859824 Ontario Limited, a subsidiary of Interac Corp.  The term “you”, “user” or “users” refers to you and other users of our Services.

Our software may be distributed or used in association with third party software components. Users are subject to the user agreements governing the use of such third party software components.  You must ensure that your use of the Services does not violate these Terms or the terms applicable to such third party components.

By clicking “Agree”,

• you are agreeing to be bound by these Terms; and
• you consent to the collection, use and disclosure of your personal information pursuant to the Privacy Statement accessible via https://www.interac.ca/document-verification-service/terms-and-conditions-and privacy-notice/#privacy-notice; and
• you are confirming either that you have reached the age of majority in the province in which you reside or that you are a minor and your parent or legal guardian has had an opportunity to review this Agreement and has consented to your use of the Service.

 

This Agreement takes effect on the date that you click “Agree”.

1. Overview

Our Services provide a platform that facilitates digital identity verification capabilities, which may include document and facial recognition technologies along with proprietary data matching software that compares data from uploaded documents to data generated or held by other data providers, which may include your mobile service provider (or its authorized agent), a credit bureau or your financial institution.  Accessing any third party software, services or websites through our Services, or entering into any transaction with any third party, is done at your own risk, including any transaction with a digital asset consumer via the digital identity service offering known as the Interac ^® verification service, which, for greater certainty, is distinguished in these Terms from the Interac document verification service offered by Interac.  Any such transaction is solely the responsibility of the parties entering into the transaction.

Interac and its service providers are not responsible for the accuracy or completeness of any user information.  By uploading any materials, documents, images, information, data or other content to our service providers or our databases through the use of our Services, you warrant that you have the full legal right, power and authority to grant us, our service providers, our customers or any other user of our Services the rights and licenses described in these Terms.

You are responsible for, and agree to abide by, all laws, rules and regulations applicable to your use of our Services and any transaction you enter into through the Services or in connection with your use of the Services.

We assume no liability or obligation to take any measures or actions to assist users to avoid potentially fraudulent or illegal activity associated with the content available through our Services. We, however, reserve the right to investigate any transaction that we believe, in our sole discretion, is abusing or has abused the Services, or is otherwise fraudulent or illegal.  If we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate, or that such messages will reach any or all users they should have reached in a timely manner or at all, or that such messages or measures will prevent any harm or otherwise have any impact.

Use of our Services may result in charges incurred from your network operator or internet service provider.

2. Limited License

Users are granted a limited, revocable, non-transferable and non-exclusive license to: (a) access our Services solely in accordance with these Terms; (b) use our Services to upload user images, digital images of eligible documents or other materials for the purposes of helping verify your digital identity; and (c) to print out discrete information from the Services solely for internal, personal, non-commercial purposes.  Any use of our Services that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

We may change, suspend or discontinue any aspect of our Services at any time, including the availability of any feature or content. We may impose limits on certain features of the Services, or restrict your access to all or part(s) of our Services, without notice to you.

Continued use of our Services may require you to download new software releases.

3. Unauthorized Uses

The license to use the Services granted to users in these Terms does not include any right of collection, aggregation, scraping, duplication or any derivative use of the Services, nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.

Except in accordance with these Terms, you agree not to do any of the following without our prior written consent:

• modify, translate into any language or computer language or create derivative works from any part of our Services;
• decompile or reverse engineer any part of our Services;
• sell, offer for sale, transfer or license any portion of our Services in any form to any third parties;
• upload or transmit any material, document, image, information, data or other content using our Services that is in any way false, fraudulent, altered or misleading, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
• use our Services for the purpose of gathering information for or transmitting unsolicited commercial messages;
• use our Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or
• use our Services in a manner that violates any applicable law or regulation, or that interferes with or disrupts Interac, our service providers, our customers or the network(s) that support our service providers and customers or our Services.

 

If you are aware of, or experience, any content, activity or communication through or in connection with our Services that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, please contact us.

You are entirely responsible for maintaining the confidentiality of your login ID and password that may be used for any activity on our Services, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential.  You agree to notify us immediately of any unauthorized use of your account, login ID, credentials or password, or any other breach of security about which you become aware.  You may be held liable for losses incurred by us, our third party service providers, our customers or any other user of our Services due to someone else using your account, login ID, credentials or password as a result of you failing to keep such information confidential.  You may not use anyone else’s account, login ID, credentials or password at any time without our express permission and consent.

4. End User Information, Materials, Images and Documents

It is your responsibility to ensure that all of your materials, documents, images, information, data or other content (“User Data”) submitted through our Services is accurate and up to date.  We have no obligation to screen or review any User Data provided by users through our Services.

All User Data submitted by you is your sole responsibility and we specifically disclaim any and all liability arising therefrom, except to the extent such liability arose from our breach of these Terms, is otherwise permitted under applicable laws, or is otherwise set out in this Agreement.

You represent and warrant that you own or otherwise control and have all necessary legal rights to any User Data provided by you. We reserve the right to request proof of ownership or permission, and to refuse to permit the transmission of any User Data using our Services for any reason.

Once you submit your User Data to Interac or to our service providers, you will not be able to cancel the transaction under which information generated by the Service is provided to our customers, including financial institutions.  By submitting User Data, you grant to us a perpetual, worldwide, irrevocable, transferable, non-exclusive, royalty-free and fully paid-up license to use, display, analyze, modify, reproduce, distribute, transmit, create derivative works from such User Data in any manner to provide the Services.

5. Privacy

Any personal information you provide to us will be collected, used and disclosed in accordance with the privacy statement concerning the Services available here  (the “Privacy Statement”).  Information about your use of our Services, such as analytics data, transaction times and gross transaction volumes, may be included in an anonymized fashion in aggregate reports generated for marketing purposes or for our reasonable business purposes.  You agree that through your use of and access to our Services, you consent to the collection, use and disclosure of your personal information, in accordance with our Privacy Statement, including the transfer of such information to countries other than your country of residence for storage, processing and use by us, our authorized service providers or their respective affiliates.

You expressly agree that:

• Interac or its service providers may share any of your User Data (including any personal information that is included in such User Data) with an Interac customer, which may include a financial institution, that has requested you to use our Services for the purposes of facilitating the provision of services to you; and
• other data providers, which may include your mobile service provider (or its authorized agent), a credit bureau or your financial institution, are permitted to share information (including any associated personal information) with Interac or its service providers for the purpose of providing services to you or other Interac customers.

When engaged in an Interac verification service sharing transaction, if you agree to share any User Data with an eligible service provider that participates in the Interac verification service (a “Relying Party”), you are providing express consent to share all personal information that is included in such User Data.

All personal information shared through the Services shall be handled in accordance with this Agreement and our Privacy Statement.  When you authorize your User Data, including any personal information, to be shared with a Relying Party through the Interac verification service, the Interac verification service user terms and conditions apply.

We may disclose any information that we have about you (including your identity and other personal information) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Services (for example, as a result of an actual (or suspected) unauthorized transaction), or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of our service providers or users of our Services, provided such information will be disclosed only in accordance with our Privacy Statement.  We also reserve the right at all times to disclose any information (including your identity and other personal information) that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

6. Intellectual Property Rights

The content, organization, graphics, images, logos, icons, audio clips, design, software, compilations, magnetic translation, digital conversion and other matters related to our Services are protected under applicable copyright, trademark, patent and other proprietary (including, but not limited to, intellectual property) laws and regulations.  The copying, redistribution, use or publication by you of any such materials or any part of our Services, except as explicitly permitted under these Terms, is strictly prohibited.  You do not acquire any ownership rights to any material, images, information, data or other content viewed through our Services or made accessible by our Services.  Some of the material, images or content on our website or viewable through our Services may be the copyrighted work or otherwise proprietary material of third parties.  The trademarks and logos of our customers used by us on our website or viewable through our Services are owned by our customers and used by us under license.  You do not obtain any intellectual property rights or license in or to our customers’ trademarks or logos.

7. Unsolicited Ideas and Feedback

You may submit ideas or suggestions pertaining to our business, including the Services, to us, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names.  If you provide any ideas or suggestions  to us, you agree that: (i) your submission and its contents, or any derivative work therefrom, will automatically become the property of Interac, without any compensation to you; (ii) Interac may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Interac to review or consider any submission; and (iv) there is no obligation to keep any submission confidential.

8. Links to Third-Party Services

The Services are designed to facilitate your interaction with various online services, websites and applications offered by Relying Parties participating in the Interac  verification service and other third parties, including your access to or purchase of any products, services or information from them (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party and are not provided as part of the Service.

Your access to and use of any Third Party Offering, is governed by the terms and conditions respecting such Third Party Offering found on or through the applicable website, application or elsewhere (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third Party Offering available to you.

Interac does not endorse or make any representations, warranties or guarantees with respect to any Third Party Offering, and expressly disclaims any liability to you with respect to any Third Party Offering.

9. Limitation of Liability

If you are a consumer within the meaning of applicable provincial or territorial consumer protection legislation, this section does not limit any legal rights that such legislation does not allow you as a consumer to waive. In particular, the limitation of Interac’s liability for the consequences of its acts will not apply if (1) the Consumer Protection Act (Quebec) applies to this Agreement, and (2) you are a consumer within the meaning of that Act and you reside or are domiciled in the Province of Quebec. The liability of Interac and its affiliates, service providers, customers (including financial institutions) and any other user of our Services and all of their respective directors, officers, employees and agents (collectively, “Released Parties” and each individually a “Released Party”) will be limited to the fullest extent permitted by applicable law.

Interac is not charging you for the Services based, in part, on the allocation of liability between you and each Released Party as set out in this section.

No Released Party will be responsible for lost profits, revenues, business or data; loss of privacy; damage to reputation; indirect, incidental, special, consequential, exemplary or punitive or other similar damages; or, to the extent permitted by law, direct losses or damages; in each case, relating to, arising out of, or in any way in connection with this Agreement or your use of or inability to use the Service, regardless of the cause of action (for example, contract, tort or otherwise), even if any Released Party has been advised of the possibility of such damages.

No Released Party is responsible or liable for any use or disclosure by any third party (or Relying Party, as applicable) of User Data provided to that party through the Service. This Agreement sets forth the entire liability of the Released Parties and your exclusive remedy with respect to the Services and their use.

10. Disclaimers

You agree that your use of and access to the Services is at your sole risk. The Services are provided on an “as is” and an “as available” basis.

No Released Party warrants the performance or results you may obtain by using the Services or that the Services will be error-free or uninterrupted, except to the extent any warranty, condition, representation or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction.

Without limiting the foregoing, no Released Party makes any representations, warranties or conditions (express, implied or collateral whether by statute, common law, custom, course of dealing, usage of trade or otherwise) as to the Services including non-infringement of third party rights, merchantability, title, integration, security, accessibility, availability, accuracy, reliability, quiet enjoyment, satisfactory quality, or fitness for any particular or general purpose.

11. Modifying, Suspending and Terminating our Services

Modification

We reserve the right at any time to modify the Services, including the addition, modification or removal of Service features or functionality (collectively, a “Modification”). All Modifications will be subject to this Agreement. Subject to the remainder of this section, if applicable, your use or continued use of the Services after implementation of a Modification will mean that you agree to that Modification and its applicability to you.

Suspension

We reserve the right to interrupt, restrict or limit your use of the Services (or any part thereof), or to temporarily or permanently suspend, discontinue or terminate the Services or your participation in it, at any time.

Termination

You may terminate this Agreement by providing us written notice at legal@interac.ca.

This Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement, if we permanently terminate the Service or your participation in the Service or if your account, if any, is permanently closed by us for any reason.

Upon the termination of this Agreement, you will no longer be able to access the Services.

12. Disputes

In the event of a dispute, we want to address your concerns without needing a formal legal case. Before filing a claim against us, we encourage you to contact us and we will make good faith efforts to resolve your concerns.

13. General

This Agreement represents the entire agreement between you and us concerning the Service.

If any part of this Agreement is found to be void or invalid and unenforceable, it will not affect the validity of the remaining provisions of this Agreement, which will remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion will not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions will not be considered included for purposes of interpretation or application here of, but are for convenience only.

Unless otherwise required by applicable law (1) you agree that you may not bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose, and (2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.

You may not assign this Agreement. We may, at any time and without notice to you, assign this Agreement to any successor provider of the Services.  Without limiting the foregoing, we may, in our sole discretion, notify you of any assignment of this Agreement.

The failure of Interac to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No provision of these Terms provides any person or entity not a party to these Terms with any remedy, claim, liability, reimbursement, or cause of action, or creates other third-party beneficiary rights.

We reserve the right at any time to amend this Agreement by notifying you of such amendment. Your use or continued use of the Service after being notified of an amendment will mean that you agree to the new form of this Agreement, as amended.

If you do not agree to an amendment, you must immediately stop using our Services. You may not amend this Agreement.

We shall not be liable for unforeseen delays in performing any of our obligations under these Terms, or for delays that were not reasonably within our control and will be entitled to a reasonable extension of time for the performance of such obligations.

If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Quebec. Otherwise, you agree that this Agreement is governed by the laws of the Province of Ontario, and that any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto.

Sections 3, 4, 6, 7, 8, 9 10, 12 and 13, and such other provisions that by their nature should survive termination will survive the termination of this Agreement for any reason.

Interac and the Interac logo are trademarks of Interac Corp.

Copyright © 2024, Interac Corp. All rights reserved.

Except as permitted by law, no part of this document nor any of Interac’s trademarks, logos and service marks may be reproduced or transmitted by any process or means without prior written consent of Interac Corp.

Published by Interac Corp., Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto, Ontario M5J 2J1

®,™: Trade-mark of Interac Corp.

PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE AGREEING TO USE THIS INTERAC SIGN-IN SERVICE (THE “SERVICE”). THE SERVICE ALLOWS YOU TO AUTHENTICATE YOUR CREDENTIALS (AS DEFINED BELOW) FOR USE AT THE WEBSITE OPERATED BY REVENU QUÉBEC. THIS AGREEMENT IS BETWEEN YOU AND 2859824 ONTARIO LIMITED, A SUBSIDIARY OF INTERAC CORP., WHO IS THE OPERATOR OF THE SERVICE, AND APPLIES TO YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.

DEFINITIONS

• “Agreement” means this Interac sign-in service End User Agreement, as may be amended by Interac from time to time upon notice to you in accordance with section 11 hereof.
• “Credential Service Provider” means the financial institution, or other service provider, that provides to you the Credentials you use to access the Service.
• “Credentials” means the authentication credentials, such as username, password, and/or card number or other information, of your Credential Service Provider that you use in connection with the Service.
• “Interac”, “us”, “we” or “our” means 2859824 Ontario Limited, a subsidiary of Interac Corp.
• “Interac System” means the Interac online authentication system used to operate the Service. The Interac System does not include the Third Party Offerings.
• “Modification” has the meaning given to it in section 4 hereof.
• “Personal Information” means all information about you, including without limitation, information such as your name, your email address, your home phone number, or your mailing address or any other information that can be used to identify you.
• “Released Parties” means Interac, Revenu Québec, the financial institutions and other Credential Service Providers with which you use the Service, and, as applicable, their respective parent companies, affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents.
• “Revenu Québec Website” means the website operated by or on behalf of Revenu Québec with which the Service may be used.
• “Service” has the meaning provided in the initial paragraph above. For clarity, the Service consists solely of the service of facilitating the use of your Credentials to provide access to the Revenu Québec Website, including the authentication of your Credentials for this purpose by your Credential Service Provider, and does not include any other services, whether provided by us, by Revenu Québec, by the Credential Service Provider or by other Third Party Offerings. In particular, the Service does not include any services provided to you by the Revenu Québec Website to which you access using the Service, or any other service, including financial or banking services provided to you by your Credential Service Provider.
• “Third Party Offerings” has the meaning given to it in section 6 hereof.
• “You” or “Your” means the person who wishes to use the Service and has Credentials with a Credential Service Provider.

CLAUSES

1. The Service

The Service is provided by Interac. The Service allows you to authenticate your credentials at the Revenu Québec Website by using your Credentials. For the purposes of this Agreement, unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to this Agreement.

2. Your Responsibility for use of Your Credentials

You are responsible for any use of the Service made with your Credentials. You should safeguard your Credentials and should not allow any other person to use them. If you suspect unauthorized access to your Credentials, you should immediately notify your Credential Service Provider. This Section shall survive the termination or expiration of this Agreement for any reason.

3. Personal Information

Except for the IP address of the computer that communicates with our Websites, Interac does not collect any other Personal Information from you in the operation of the Service. Any Personal Information collected from you when you access the Revenu Québec Website using the Service is collected by Revenu Québec, and is subject without limitation to the provisions of the Tax Administration Act (CQLR, c. A-6.002) and of the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR, c. A-2.1). Any Personal Information collected from you when you access websites operated by or on behalf of your Credential Service Provider with which the Service may be used is collected by your Credential Service Provider, and is subject to the privacy policy of your Credential Service Provider and all applicable laws.

4. Modification of Service or Termination of Service or this Agreement by Us

We reserve the right at any time to interrupt, restrict, modify or discontinue, temporarily or permanently, the Service, add or subtract Service features or limit usage of the Service (or any part thereof) (collectively, a “Modification”) with or without notice to you, provided that if we permanently cease providing the Service we will post a notice on this website to that effect. Your continued use of the Service after any Modification will mean that you agree to such Modification and its applicability to you.

We reserve the right to terminate your participation in the Service at any time. We may terminate this Agreement at any time for any reason with reasonable notice or immediately for a serious reason. Your rights under this Agreement will terminate immediately without notice from us: (i) if you fail to comply with any term(s) of this Agreement; or (ii) if we terminate this Agreement. Upon the termination of this Agreement, you agree to immediately cease using the Service.

You agree that the Released Parties will not be liable to you for any Modification or termination of any part or all of the Service or your participation in the Service.

If you are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1), we will send you prior notice of 30 days of the modification of or termination of your participation in the Service. You may refuse the modification by notifying us within 30 days after such modification comes into force.

5. Intellectual Property Ownership, Reservation of Rights

The Service and the Interac System are the intellectual property of Interac and its suppliers, and are protected by law, including, without limitation, the copyright laws of Canada, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service or the Interac System. All rights therein not expressly granted are reserved by Interac and its suppliers. This Section shall survive the termination or expiration of this Agreement for any reason.

6. Third Party Offerings

The Service is designed to interoperate with various online services, websites and applications (“Third Party Offerings”). These Third Party Offerings include, but are not limited to, the Revenu Québec Websites and websites operated by your Credential Service Provider. Your access to and use of any Third Party Offering, including your access to or purchase of any products, services or information, are governed by the provider’s terms and conditions respecting such offerings. This Agreement does not amend or modify any such terms and conditions. You are solely responsible for fulfilling any financial commitments you make to such providers. Third Party Offerings are not provided by Interac and Interac does not endorse or make any representations, warranties or guarantees of any kind with respect to Third Party Offerings, and is not liable to you in any way with respect to Third Party Offerings.

LIMITATIONS

7. No Warranties

THE RELEASED PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. THE RELEASED PARTIES MAKE NO REPRESENTATION OR CONDITION AND DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. THE RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE) AS TO THE SERVICE INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

8. Limitation of Liability

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE INTERAC SYSTEM OR SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR REPUTATION, LOSS OF USE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) OR ANY CLAIM BY ANY THIRD PARTY. THE RELEASED PARTIES SHALL NOT BE LIABLE IF THE SERVICE CANNOT BE PROVIDED (OR ANY PART THEREOF) OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THEIR CONTROL.

IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED, NO REPRESENTATION OR WARRANTY OR CONDITION OF FITNESS OR MERCHANTABILITY SHALL BE CONSTRUED UNDER THIS AGREEMENT. THE RELEASED PARTIES SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE SERVICE OR PROVIDE THE SERVICE ERROR-FREE OR UNINTERRUPTED. THE PROVISIONS OF SECTIONS 7 AND 8 OF THIS AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT, FOR ANY REASON.

THIS LIMITATIONS OF LIABILITY IN THE FIRST AND SECOND PARAGRAPHS ABOVE DO NOT APPLY TO MATERIAL INJURY CAUSED THROUGH INTENTIONAL OR GROSS FAULT.

IN ADDITION, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOU IF YOU ARE A CONSUMER UNDER QUEBEC’S CONSUMER PROTECTION ACT.

9. Indemnity

You agree to indemnify and hold harmless the Released Parties from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service or any use of your Credentials with the Service by any other person, in violation of Section 2 of this Agreement and/or arising from a breach of Section 2 of this Agreement and/or any breach of your representations and warranties set forth herein. This Section shall survive the termination or expiration of this Agreement for any reason.

10. Assignment

You may not assign this Agreement.

11. Entire Agreement

This Agreement represents the entire agreement between you and us concerning the Service for accessing the Revenu Québec Website (you and we may enter into other agreements for credential brokering services for other purposes). You may not amend this Agreement. We may amend this Agreement on notice to you. This Agreement is in addition to any agreement between you and the Credential Service Provider. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.

12. Governing Law and Jurisdiction

This Agreement is governed by and subject to the laws of the Province of Québec, and the federal laws applicable therein, and any dispute under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Québec.

13. Additional Provisions

The Service is void where prohibited by law. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

14. Contact Information

If you have any questions about this Agreement including the Service, please visit www.interac.ca.

 

Privacy Notice

The Interac sign-in service (the “Interac Service”) is a service designed to allow the end user to authenticate themselves on the Website of Revenu Quebec (the “Relying Party”), using credentials they have been provided by their financial institution or other supplier (a “Sign-In Partner”). The Interac Service is managed by 2859824 Ontario Limited (“Interac”, “us”, or “we”), a subsidiary of Interac Corp.

Interac is committed to respecting and valuing your privacy and security. The information below in this Privacy Notice constitutes a summary of the privacy practices that apply to your use of the Interac Service. By using the Interac Service, you agree and consent to our use of information in accordance with this Privacy Notice.

If you do not wish to use the Interac Service, the Relying Party’s online services do allow you to use alternative government credentials, as well as provide options to access such services. For further details, contact the Relying Party.

The End User Information We Collect

Except for the IP address of the compute that communicates with our Websites, we do not collect or use your personally identifying information in the operation of the Interac Service. This is achieved through the use of anonymous authentication requests and anonymous identifiers in the authentication responses. The personal information you provide to your Sign-In Partner is not collected by us, it is provided by you to your Sign-In Partner pursuant to their privacy policy, and is not provided by them to us. In addition, the personal information you provide to the Relying Party to use its services is not provided to us.

In addition to the anonymous identifiers, the following information relating to end users is generated and used in the operation of the Interac Service (“End User Information”):

• An anonymous session identifier (contained in a session cookie);
• The end user’s language preference (contained in a session cookie);
• The end user’s Internet Protocol (IP) address.

Details as to how we use this information are listed below.

How We Use End User Information

We use your End User information to provide you with the Interac Service. This includes providing this information to the Sign-In Partners and the Relying Party to the extent required to provide you with the service.

The Interac Service uses session cookies. Session cookies are only active for the duration of the session, and contain a session identifier, but no personally identifiable information. The session cookie will be automatically deleted by your browser when the cookie expires. If you want to use the Interac Service, your browser must accept cookies.

The Interac Service monitors network traffic to identify unauthorized authentication requests or otherwise protect the Interac Service from damage (for example from virus attacks). This includes identifying the IP address of the computer that has contacted our web sites, the date and time of the visit and information about the request made. Interac will not use this Information for marketing purposes.

Our Disclosure of End User Information

We only disclose End User Information to Sign-In Partners and Relying Party, and only in connection with the ordinary operation of the Interac Service. In addition, if we cease to act as the manager of the Interac Service, the Relying Party has the right to receive from us or to cause us to deliver to a replacement service manager the End User Information of their end users, so that end users can continue to receive services.

We may disclose End User Information as permitted under the Act respecting the protection of personal information in the private sector (RSQ, c. P-39.1).

Finally, if we sell our business or the part thereof that operates the Interac Service, we will transfer to the purchaser our copy of the End User Information, so that the purchaser can continue to operate the service.

If you require clarification about this statement, please contact our Privacy Office by email at privacy@interac.ca, by phone at 416-362-8550, or in writing to Interac Privacy Office, 200 Bay Street, Suite 2400, P.O. Box 45, Toronto, ON M5J 2J1.

For more information on privacy issues in general, please consult the Website of the Commission d’accès à l’information at http://www.cai.gouv.qc.ca/, or call 418 528-7741 or 514 873-4196.

The Relying Party and each Credential Service Provider has their own Privacy Policy. For more information please refer to the specific Relying Party or Credential Service Provider website.

Interac and the Interac logo are trademarks of Interac Corp.

LAST UPDATED: November 25, 2024

Please read these Interac Verified^TM credential Terms and Conditions (the “Verified Terms”) carefully before accessing or using the Interac Verified^TM credential service or downloading, installing, or using the Interac Verified^TM app (the “Verified App”, and the Verified App together with the Verified App functionalities, including the Demo (as defined below), and the Interac Verified^TM credential service are collectively, the “Service”). The Service allows you to provide certain User Information about you to participating Relying Party businesses, institutions, and organizations chosen by you stored in the Verified Credential that we may issue to you via the Verified App. Capitalized terms not yet defined are either defined or cross-referenced in the Definitions section below.

These Verified Terms and this Agreement are each between you and 2859824 ONTARIO LIMITED (“Interac”, ”us”, ”we” or ”our”), a subsidiary of Interac Corp. The Service requires that you complete the following prior to Interac determining whether to issue you a Verified Credential, each of which is subject to its own terms and conditions: (a) authentication through a participating Financial Institution as an Identity & Data Provider, requiring you to enter your credentials (called the FI Credentials) for that Financial Institution (“IVS Verification”); and (b) provide certain of your Documents as well as a selfie video (“DVS Verification”). IVS Verification is subject to the IVS Terms and DVS Verification is subject to the DVS Terms. All other aspects of the Service are subject to these Verified Terms. Collectively, these Verified Terms, the IVS Terms, and the DVS Terms are the “Agreement”.

By: (1) clicking or tapping “I Agree” or otherwise electronically agreeing to these Verified Terms, (2) creating an Account, or (3) downloading, installing, accessing, or using the Service on any Electronic Access Device:

• you acknowledge and agree to be bound by this Agreement;
• you confirm that you have reached the age of majority in the province in which you reside or that you are a minor and your parent or legal guardian has had an opportunity to review this Agreement and has consented to your use of the Service;
• you acknowledge the Interac Privacy Policy available at [insert link], as revised from time to time, and you consent to our collection, use, and disclosure of personal information as described in the Interac Privacy Policy; and
• you agree and understand that this Agreement takes effect on the first date that you engage in any of the actions set out in (1), (2), or (3) of this paragraph.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING THE SERVICE. IF YOU ARE DISSATISFIED WITH THE AGREEMENT OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE SERVICE.

If you require any support or customer services with respect to the Verified App or any other portion of the Service, please contact Interac at feedback@interac.ca or visit interac.ca/[•].

DEFINITIONS:

• “Account” means your account on the Service.
• “Agreement”has the meaning set out in the preamble.
• “Demo”means the demonstration feature available through the Verified App allowing you to learn about the sharing of a Verified Credential and to demonstrate to you how to use the Service.
• “Document(s)” means certain government issued photo identity documents provided by you to us that we can process from time to time.
• “DVS Terms” means the Interac Document Verification Service Terms and Conditions available at https://www.interac.ca/en/legal/#interac-document-verification-service-terms-and-conditions.
• “DVS Verification” has the meaning set out in the preamble.
• “Electronic Access Device” means an eligible smartphone, mobile device, tablet or other eligible electronic device on which you may install the Verified App to access the Service.
• “Feedback” has the meaning set out in section 1.
• “FI Credentials” means the Financial Institution credentials that you use for authentication purposes to access services at your Financial Institution or which are otherwise required by your Financial Institution to access your account with them, such as username, password, card number, biometric identifiers (including fingerprints, voice patterns and facial recognition), one-time passcode or other information.
• “Financial Institution” or “FI” means the financial institution in Canada with which you have a current banking relationship that has agreed to be an Identity & Data Provider.
• “Identity & Data Provider” means an eligible organization in Canada that participates in the Service and that generates or holds User Information, including a Financial Institution, credit bureau, telecommunications provider, government departments and agencies and other eligible third parties.
• “IVS Terms” means the Interac Verification Service Terms and Conditions available at [insert link].
• “IVS Verification” has the meaning set out in the preamble.
• “Modification” has the meaning set out in section 4.
• “Personal Information” means information about an identifiable individual, which typically includes name, email address, mobile or home phone number(s), mailing address, date of birth and certain of your account, profile or other information.
• “Privacy Policy” means the privacy policy located at [insert link] or any successor URL.
• “Released Parties” means Interac, your Financial Institution and all other Identity & Data Providers and Relying Parties that participate in the Service, and, as applicable, their respective affiliates, subsidiaries, divisions, suppliers and service providers, and all of their respective directors, officers, employees and agents, and “Released Party” means any one of them.
• “Relying Party” means an eligible person or organization in Canada that participates in the Service and that asks you to provide User Information through the Service, via your Verified Credential, in order to facilitate its interactions with you, for example, to help verify your identity or eligibility for Third Party Offerings.
• “Service” has the meaning set out in the preamble.
• “Third Party Offerings” has the meaning set out in section 7.
• “Third Party Terms” has the meaning set out in section 7.
• “User Information” means (1) all Personal Information and other information about you that is: (a) an eligible Document provided to us by you, (b) other Personal Information provided to us by you, or (c) Personal Information provided to us by an Identity & Data Provider; and, (2) all Personal Information and other information about you that is stored in your Verified Credential.
• “Verified App” has the meaning set out in the preamble.
• “Verified Credential” means the digital artifact issued by us that is unique to you and stored on the Service after verifying your likely identity.
• “Verified Terms” has the meaning set out in the preamble.
• “you” or ”your” means the person who wishes to use the Service, and whose FI Credentials have been used to register for the Service.

SERVICE CLAUSES:

1. THE SERVICE

The Service is provided and operated by Interac. Interac will not charge you a fee to use the Service. In order to use the Verified App, you must create an Account and enable certain security features of your Electronic Access Device (such as your iOS or Android smartphone) for the Verified App, for example certain biometric access controls (e.g., Face ID on Apple iOS devices). If you disable, deactivate, tamper with, restrict, or otherwise limit these security features, the Verified Credential will be deleted from your Electronic Access Device and the Verified App will be reset. These security features are provided by the platform vendor of your Electronic Access Device and Interac is not responsible for any failure of security of such features.

In order to use the Service, you will be required to: (1) select a participating Financial Institution with which you have an online banking relationship; and, (2) provide photos of certain Documents and a video selfie of yourself. After completing these steps, we may issue you a Verified Credential unique to you to be stored in the Verified App on your Electronic Access Device if we are satisfied that your User Information (including such information provided by your Financial Institution and Documents) provide reasonable evidence of your identity. You may then share your User Information stored in the Verified Credential with Relying Parties with whom you choose to share such information in order to assist the applicable Relying Parties with their efforts to verify your identity.

When you provide your FI Credentials, your Financial Institution will authenticate you using your FI Credentials. The use of your FI Credentials to authenticate you is subject to and governed by the terms of your agreement with your Financial Institution.

Your Verified Credential and your User Information stored in the Verified Credential will not be shared without your authorization.

2. YOUR RESPONSIBILITY FOR USE OF YOUR ELECTRONIC ACCESS DEVICE, ACCOUNT, AND VERIFIED CREDENTIALS, AND THE ACCURACY OF YOUR USER INFORMATION

It is your obligation and responsibility to protect your Electronic Access Device, your Account, and the other information that you use to access and use your Electronic Access Device, including as may be required by your agreement with your Financial Institution. If you fail to secure your Electronic Access Device or your Account, third parties may be able to gain access to your Verified Credential and other User Information. If you suspect unauthorized use of your Electronic Access Device, your Account, or your Verified Credential, you should immediately notify us. Once the Service has been accessed and you have been issued a Verified Credential, you are responsible for any instruction or consent given regarding your Verified Credential and other User Information, including any sharing transaction where your Verified Credential or User Information has been provided to a Relying Party or another Identity & Data Provider.

Your Account is exclusively for you to manage your access to the Service, and your Verified Credential is exclusively for you to provide Relying Parties your User Information to assist them in their verification of your identity. Neither your Account or Verified Credential are for use by any third parties for any purpose. You are prohibited from transferring, or allowing others to use, your Account, or Verified Credential. You are solely responsible for ensuring that you keep your Account, Verified Credential, and Electronic Access Device secure. Do not share any of this information with others and notify us right away of any unauthorized use or suspected unauthorized use. You are solely and entirely responsible for all activities that occur under your Account or in connection with your Verified Credential.

The following are examples of what you are prohibited from doing with the Service, including the Verified Credential:

• use the Service for any purpose other than assisting Relying Parties to verify your identity;
• use the Service in any manner that is not permitted by this Agreement;
• use the Service for any illegal, fraudulent, or harmful purpose;
• reverse engineer, decompile, disassemble, modify, or create derivative works from the Service;
• tamper with or modify, or attempt to modify, the Verified Credential;allow any third party to access the Service;
• assault, interfere, deny service in any way or form to any other network, computer, or node through the Service;
• attempt to gain unauthorized access to the Service, Accounts of other users, computer systems or networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service (including the Verified Credential); or
• interfere with or disrupt servers or networks connected to the Service.

You represent, warrant and agree that (1) all information you provide on or through the Service will be true, accurate, and complete, (2) you will update your User Information as necessary so that it remains true, accurate, and complete at all times, (3) you will not impersonate any person when submitting information to the Service, (4) you will only use the Service responsibly and in accordance with both Interac’s guidance and these Verified Terms, and (5) Interac, Identity & Data Providers, and Relying Parties are entitled to rely on the User Information you submit.

You will have an opportunity to review certain of your User Information that the Relying Party has requested be shared with them before you agree to share information with the Relying Party. You are responsible for ensuring that your User Information is accurate and up to date. You are also responsible for ensuring the accuracy of your User Information before you share it. If any User Information is inaccurate, you agree to notify the Interac or the applicable Identity & Data Provider that maintains such User Information before you agree to share that User Information through the Service. In addition, you agree that you will not knowingly use the Service to share any inaccurate User Information.

3. PERSONAL INFORMATION

When you agree to share your User Information stored in your Verified Credential with a Relying Party through the Service, you are providing express consent to share all Personal Information that is included in such User Information. Although certain of your User Information was originally collected by or on behalf of your Identity & Data Provider(s) under their respective terms and privacy policies, when you authorize your User Information to be shared with a Relying Party through the Service, you consent to the handling of all such User Information shared through the Service (including all Personal Information) in accordance with this Agreement, including, for greater certainty, the Privacy Policy.  

For more information about the collection, use and disclosure of your Personal Information as part of the Service, please see the Privacy Policy.

Once your User Information has been sent to a Relying Party through the Service, the Relying Party, and not Interac, is responsible for handling such User Information, and the handling of such User Information by Relying Party will be subject to the Relying Party’s privacy policies and practices and its agreements with you. Your User Information that is held by an Identity & Data Provider is collected, used, disclosed and retained by the Identity & Data Provider subject to its privacy policy and any agreements it has with you.

Neither Interac, nor any Identity & Data Provider is responsible or liable for any use or disclosure by any Relying Party of User Information provided through the Service.

4. MODIFICATION OF SERVICE OR TERMINATION OF SERVICE BY US

Modification

We reserve the right at any time to modify the Service, including the addition, modification or removal of Service features or functionality, and to modify, update, and upgrade the Verified App (collectively, a “Modification”). Information on Modifications will be made available through the Service in the Verified App. All Modifications will be subject to this Agreement. Subject to section 12, if applicable, your continued use of the Service after implementation of a Modification will mean that you agree to that Modification and its applicability to you.

Suspension or Termination

We reserve the right to interrupt, restrict, or limit your use of the Service (or any part thereof), or to temporarily suspend, or permanently discontinue or terminate, the Service (or any part thereof) or your use of the Service, at any time.

If you fail to comply with this Agreement, then, without limiting any other right or remedy available to Interac, Interac may suspend or terminate your use of all or any part of the Service.

5. DISCONTINUING THE USE OF THE SERVICE BY YOU

You may discontinue your use of the Service at any time by closing your Account.

You can close your Account in the Verified App by following the steps listed in the Verified App and in the FAQs available at https://www.interac.ca/en/resources/personal-resources/personal-faq/interac-verified/#faq-interac-verified-app. If you delete the Verified App from your Electronic Access Device, your Verified Credential will be deleted from your Electronic Access Device and you will not be able to access your Account or the Verified Credential without providing the recovery code offered to you in the Verified App. Interac is not able to access your Verified Credential data without the recovery code. Once the Verified App has been deleted from your Electronic Access Device, you are prohibited from using or accessing, or attempting to use or access, your Verified Credential or your Account, except through the recovery code described in the preceding sentence.

Closing your Account will mean that you will no longer be able to initiate new transactions to share your User Information stored in your Verified Credential and other User Information with Relying Parties. Sharing transactions that you previously authorized may not be completed, and you will not have access to any transaction records that summarize previous Account activities. On closing your Account, your Verified Credential will be deleted from the Verified App and your Electronic Access Device. However, closing your Account will not affect (1) any of the User Information held by third parties, including such information shared with your Relying Parties, or (2) any transaction records maintained by the Service.

If you wish to use the Service in the future after closing your Account, you will need to complete the Service registration process again and set up a new Account.

Deleting the Verified App from your Electronic Access Device will not close your Account, and deleting the Verified App or closing your Account will not affect any sharing transaction that you previously authorized.

6. INTELLECTUAL PROPERTY OWNERSHIP, RESERVATION OF RIGHTS

The Service is the intellectual property of Interac and its suppliers and licensors, and is protected by law, including the intellectual property laws of Canada, the United States and other countries, and by international treaty provisions. This Agreement does not grant you any ownership rights in or to the intellectual property in the Service. All rights in the Service are reserved by Interac and its suppliers and licensors.

7. THIRD PARTY OFFERINGS

The Service is designed to facilitate your interaction with various online services, websites, applications, and other products and services offered by Relying Parties (“Third Party Offerings”). Third Party Offerings are provided by the applicable third party and are not provided as part of the Service.

Your access to and use of any Third Party Offering is governed by your agreements with the Relying Party and the and the terms and conditions for such products or services established by the Relying Party (“Third Party Terms”). This Agreement does not change any Third Party Terms. You are solely responsible for fulfilling any commitments you make to the Relying Party making the Third Party Offering available to you.

No Released Party endorses or makes any representations, warranties or guarantees with respect to any Third Party Offering, or is liable to you in any way with respect to any Third Party Offering.

LIMITATIONS AND WARRANTIES CLAUSES:

8. No Warranties or Conditions

THIS SECTION 8 DOES NOT APPLY TO QUEBEC CONSUMERS.

PLEASE NOTE THAT APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS, SO THE PROVISIONS OF THIS SECTION 8 MAY BE LIMITED IN THEIR APPLICATION TO YOU. THIS SECTION 8 DOES NOT LIMIT ANY LEGAL RIGHTS THAT SUCH APPLICABLE LAW DOES NOT ALLOW YOU, AS A CONSUMER, TO WAIVE.

YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. ANY USE OF OR RELIANCE ON THE SERVICE SHALL BE AT YOUR SOLE RISK.

NO RELEASED PARTY WARRANTS, OR MAKES ANY CONDITION OR ANY OTHER TERM, REGARDING THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED.

WITHOUT LIMITING THE FOREGOING, NO RELEASED PARTY MAKES ANY REPRESENTATION, WARRANTY, CONDITION, OR OTHER TERM (EXPRESS, IMPLIED OR COLLATERAL WHETHER BY STATUTE, COMMON LAW, CUSTOM, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE) AS TO THE SERVICE INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, TITLE, INTEGRATION, SECURITY, ACCESSIBILITY, AVAILABILITY, ACCURACY, RELIABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR OR GENERAL PURPOSE. WITHOUT LIMITING THE FOREGOING, NO RELEASED PARTY MAKES ANY REPRESENTATION, WARRANTY, CONDITION, OR OTHER TERM THAT THE USE OF THE SERVICE OR THE ISSUANCE OF A VERIFIED CREDENTIAL WILL GUARANTEE THAT A RELYING PARTY WILL ACCEPT THE FOREGOING AS SUFFICIENT PROOF OF YOUR IDENTITY OR THAT THE DEMO IS A SAMPLE OF, OR REPRESENTATIVE OF, THE VERIFIED APP OR ANY OTHER ASPECT OF THE SERVICE, INCLUDING THAT THE PERFORMANCE OF, RESULTS OF, OR YOUR USER EXPERIENCE OF THE DEMO WILL BE REPRESENTATIVE OF THE PERFORMANCE OF, RESULTS OF, OR YOUR USER EXPERIENCE OF THE VERIFIED APP OR ANY OTHER ASPECT OF THE SERVICE.

9. Limitation of Liability

THIS SECTION 9 DOES NOT APPLY TO QUEBEC CONSUMERS.

PLEASE NOTE THAT APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PROVISIONS OF THIS SECTION 9 MAY BE LIMITED IN THEIR APPLICATION TO YOU. THIS SECTION 9 DOES NOT LIMIT ANY LEGAL RIGHTS THAT SUCH APPLICABLE LAW DOES NOT ALLOW YOU, AS A CONSUMER, TO WAIVE.

INTERAC IS NOT CHARGING YOU FOR THE SERVICE BASED, IN PART, ON THE ALLOCATION OF LIABILITY BETWEEN YOU AND EACH RELEASED PARTY AS SET OUT IN THIS SECTION 9.

NO RELEASED PARTY WILL BE LIABLE FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOSS OF OPPORTUNITY, LOST INFORMATION, LOST USE, OR LOST DATA; LOSS OF PRIVACY; DAMAGE OR LOSSES FROM ANY PRIVACY BREACH, SECURITY BREACH, CYBERATTACK, OR ANY OTHER PRIVACY OR SECURITY INCIDENT; DAMAGE TO REPUTATION; INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER SIMILAR DAMAGES; ALL OTHER FINANCIAL LOSSES; OR, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIRECT LOSSES OR DAMAGES; IN EACH CASE, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER ARISING AND REGARDLESS OF THE CAUSE OF ACTION (INCLUDING WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, WARRANTY, EQUITY, OR OTHERWISE), EVEN IF ANY RELEASED PARTY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE RELEASED PARTIES AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE AGREEMENT AND THE USE OR INABILITY TO USE THE SERVICE.

GENERAL CLAUSES:

10. ASSIGNMENT

You may not assign this Agreement. We may assign this Agreement to any successor provider of the Service by providing notice to you.

11. ENTIRE AGREEMENT

This Agreement represents the entire agreement between you and us concerning the Service.

In the event of any inconsistency or conflict with respect to IVS Verification between the terms and conditions of these Verified Terms and the terms and conditions of the IVS Terms, the terms and conditions of the IVS Terms shall prevail.

In the event of any inconsistency or conflict with respect to DVS Verification between the terms and conditions of the Verified Terms and the terms and conditions of the DVS Terms, the terms and conditions of the DVS Terms shall prevail.

12. Amendment and Termination of the Agreement

Amendment

We reserve the right at any time to amend this Agreement by notifying you of such amendment at [insert link] and/or through the Service when you next use it. Your continued use of the Service after being notified of an amendment will mean that you agree to the new form of this Agreement, as amended.

If you do not agree to an amendment, you must close your Account as contemplated in section 5. You cannot amend this Agreement.

Termination

You may terminate this Agreement at any time for any reason by closing your Account as contemplated in section 5.

This Agreement will terminate immediately without notice from us if you fail to comply with any provision of this Agreement, if we permanently terminate the Service or your participation in the Service or if your Account is permanently closed for any reason.

Upon the termination of this Agreement, you will no longer be able to access the Service.

13. Governing Law and Jurisdiction

If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Quebec.

Otherwise, you agree that this Agreement is governed by the laws of the Province of Ontario, and that any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the Courts of the Province of Ontario, in the City of Toronto.

14. Additional Provisions

If any part of this Agreement is found to be void or invalid and unenforceable, it will not affect the validity of the remaining provisions of this Agreement, which will remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion will not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions will not be considered included for purposes of interpretation or application hereof, but are for convenience only.

Unless otherwise required by applicable law (1) you agree that you may not bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose, and (2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.

Except as expressly stated in this Agreement, there are no third party beneficiaries to this Agreement. The parties expressly acknowledge and agree that the Released Parties are third party beneficiaries of this Agreement, and it is agreed that we are acting as agent and trustee for them in respect of their rights under this Agreement.

Every use of the words “including” or “includes” in this Agreement is to be construed as meaning “including, without limitation” or “includes, without limitation”, respectively.

15. Survival

Sections 2, 3, 5, 6, 8, 9, 10, 11, 13, 14, 15, and 16 and such other provisions that by their nature should survive termination will survive the termination of this Agreement for any reason.

16. Contact Information; Support

If you have any questions, suggestions or feedback (collectively, “Feedback”) about the Service or this Agreement, please submit such Feedback to feedback@interac.ca. By submitting Feedback to us, you agree that we may use such Feedback for any purpose related to the Service without any obligation to compensate you.

If you require any support or customer services with respect to the Verified App or the any other portion of the Service, please contact Interac at feedback@interac.ca or visit interac.ca/[•].

17. Copies of These Terms

A copy of this Agreement will be available through the Verified App and on our website at https://www.interac.ca/en/verification/personal/interac-verified-app/. If you wish to retain a copy of this Agreement, you may print it from our website or email it to yourself through the mobile application.