Business Accounts and Services Agreement

A - Definitions

This Part A has definitions for terms that we use in this Agreement.

Account - Any business Account that you have with us.

Act - the Bank Act, SC 1991, c.46, as amended, restated, or replaced from time to time.

Advice Centre Services - Our telephone-banking services, available through our Advice Centre (1-888-517-7000).

Agreement - Collectively, this Agreement, your Application, the Business Banking Guide, and any additional agreements or terms for particular services we provide to you.

Application - The documents you sign or otherwise accept when you apply to become a member of Coast Capital and to open or change your Accounts.

Business Banking Guide - Our publication with information about your Accounts and our services, including applicable fees and interest rates. You may obtain a copy of the current version of the Business Banking Guide on our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch.

Card - A Coast Capital member card that we issue to you.

Coast Capital - Coast Capital Savings Federal Credit Union and its subsidiaries and affiliates.

Coast Mobile Banking - Our mobile banking services, available on your Mobile Device through our app, and our mobile-enabled website.

Coast Online Banking - Our basic internet-banking service, available through your computer.

Coast Online Banking for Small Business - An enhanced version of Coast Online Banking offering additional features.

Coast Online Business Banking - A robust online banking service including customizable controls to better manage your business.

Coast Online Banking Platform - Means any of Coast Online Banking, Coast Online Banking for Small Business, or Coast Online Business Banking.

Delegate - A person that has been identified by you or by any one of your Signing Officers, as having authority to act on your behalf in relation to a particular Account or service, or for a particular role within a service. Delegates include:

Anyone that you have authorized to use your Coast Online Banking Platform to view your Records, to enter data, to start or authorize transactions, or to otherwise use our services; and
Anyone that you have authorized to use any Card, our Advice Centre Services, or any other E-service.

E-services - Your Coast Online Banking Platform, Coast Mobile Banking, Advice Centre Services, Card services, Automated Fund Transfer (AFT) services, and any other services we offer to you from time to time, available through the internet, your Mobile Device, your telephone, or other technologies.

Instrument - A cheque, bank draft, money order or other bill of exchange, order for payment, promissory note, security, electronic debit or credit, or other payment instrument (whether negotiable or non-negotiable), including pre-authorized deposits or debit payments.

Losses - All damages, liabilities, losses, claims, and costs of any nature, including fines, penalties, administrative monetary penalties, and all expenses reasonably incurred in the defense of any claims.

Mobile Device - Your mobile phone, tablet, or other mobile electronic device.

Our Team - Us, and our affiliates, our direct and indirect agents, service providers and suppliers, and the directors, officers, employees and agents of each of our team members. Our team does not include any third parties with whom you contract for third party services.

PIN - Your personal identification number for use with your Card, assigned by us or chosen by you.

Proof of Identity - The name, username, password, PIN, personal access code, answers to security questions, fingerprints, voiceprints, facial recognition, other biometric information, or other means by which we verify your identity or the identity of your Signing Officer or Delegate.

Records - Your eStatements, paper statements, or paperless transaction history, and any other records that we provide or make available to you in connection with your Accounts or our services.

Signing Officer - A person you have authorized to act as a signing authority on your Accounts.

You, your and yours - The corporation, sole proprietor, partnership, limited partnership, limited liability partnership, limited liability company, trust, estate, joint venture, unincorporated association, governmental entity, or other entity named in the Application, each of your Signing Officers and Delegates, and - to the extent applicable - each of your directors, partners, members, trustees, estate representatives, joint venture participants, and association members.

We, us and our - Refer to Coast Capital.

B - Banking for Business

Business Accounts and services

We offer different types of business Accounts and services, to better suit your needs. For certain services, you may be asked to sign additional agreements or agree to additional terms. Unless a product or service agreement states otherwise, all products or services offered to business members are deemed to be for business purposes. For clarity, this Agreement is being entered into for business use and not for personal, family, or household use.

Your Signing Officers

You will provide us with the names and titles of your Signing Officers and any additional information we may require. You will notify us in writing immediately if there is any change in the names or titles of your Signing Officers and, until you do, we may continue to rely on the information that you previously provided to us. You will provide us with any documents that we may request to confirm the appointment of your Signing Officers and their authority to act on your behalf. For these purposes, you will use any forms we provide. You agree to be bound by and responsible for all transactions initiated or authorized by, all instructions given by, all use of your Accounts or any service by, and all other activity of, any of your Signing Officers.

Whether or not your cheques or other instruments must be authorized by two or more Signing Officers:

We may rely on instructions from any one of the Signing Officers in all circumstances, other than for cheques or other transactions that must be authorized by two or more Signing Officers;
We may, in our discretion, require you or all of the Signing Officers to confirm any instruction or transaction;
Any one of the Signing Officers may confirm that your Accounts are correct; and
Any one of the Signing Officers, or a Delegate with appropriate viewing or access privileges, may obtain information about your Accounts.

Your Delegates

Certain services may give you the option, or may require you, to identify one or more Delegates who will act on your behalf. For each service, we may establish different Delegate roles with different account or service privileges, and we may change those roles and privileges, with or without notice. Depending on the role, Delegates may be appointed by you or any one of your Signing Officers. You are solely responsible for the identification and management of all Delegates. You agree to be bound by and responsible for all transactions initiated or authorized by, all instructions given by, all use of your Accounts or any service by, and all other activity of, any Delegate or any person purporting or appearing to be a Delegate.

Delegates may only be identified to us using our forms and processes. You will notify us immediately using our forms and processes if there is any change in your Delegates and, until you do, we may continue to rely on the information that you previously provided to us. You will provide us with any documents that we may request from time to time to confirm the appointment of your Delegates and their authority to act on your behalf. For these purposes, you will use such forms and processes as we may require. You will provide us with such information about your Delegates as we may request from time to time.

You are responsible for your Signing Officers and Delegates

You will ensure that each Signing Officer and Delegate is fully informed of your responsibilities under this Agreement. You will ensure that each Signing Officer and Delegate complies with each of your obligations under this Agreement, including our polices and instructions relating to your use of our services. Any breach by a Signing Officer or Delegate of any of your obligations under this Agreement will be deemed to be your breach of this Agreement.

You will pay us for any losses that may be incurred by us or any of Our Team, including any claim brought by any person, that result directly or indirectly from a Signing Officer’s or Delegate’s failure to comply with any term of this Agreement, or the use, including any unauthorized use, of your Accounts or our services by any Signing Officer or Delegate or by any person purporting or appearing to be a Signing Officer or Delegate.

Your Coast Online Banking Platform

You may select Coast Online Banking, Coast Online Banking for Small Business, or Coast Online Business Banking (or any combination of them) as your Coast Online Banking Platform. However, certain Coast Online Banking Platforms are not available for certain specialized Accounts, and service fees may apply for use of Coast Online Business Banking. You may obtain information on the features and requirements of each platform by visiting our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch.

If you use Coast Online Banking, any of your Signing Officers may individually elect to upgrade to Coast Online Banking for Small Business. If one of your Signing Officers upgrades to Coast Online Banking for Small Business, then that Signing Officer will be able to use certain features of Coast Online Banking for Small Business. However, any of your Signing Officers who have not upgraded to Coast Online Banking for Small Business will not be able to use those features.

Coast Online Banking for Small Business and Coast Online Business Banking allow you to link to other member Accounts with us. We may limit the number of linked Accounts, or the number, types or dollar amounts of transactions that may be made by you between linked Accounts. We may decline to allow you to link to any Account. We may apply a hold on any amount transferred to or from a linked Account.

Our information requests

You will provide us with any information or supporting documents relating to you or your business that we may request from time to time.

If you are a partnership, limited partnership, or limited liability partnership

Joint and several liability

If you are a general partnership, a limited partnership, a limited liability partnership, or a similar entity, then each of your obligations to us under this Agreement or otherwise will also be the separate and individual obligation of each of the partners, each of whom will be jointly and severally bound to us for the performance of those obligations. If you are a limited partnership or a limited liability partnership, then the liability of your limited partners or partners, respectively, is limited to the extent provided in the applicable partnership legislation.

Dissolution

If you are dissolved for any reason and if you continue to operate your Accounts or use our services, then all actions taken after such dissolution will be binding on you and each partner, as if the dissolution had not occurred, until notice of the dissolution is received and duly acknowledged in writing by each branch where you have an Account.

Changes in partnership

This Agreement will not be revoked by a change in the constitution of the partnership, limited partnership, or limited liability partnership, or the resignation of any partner. This Agreement will be binding on any person that may be formed from time to time as a successor to you and on each person who may be a partner, shareholder, or member in any such new person, to the same extent and with the same effect as if each such person had signed this Agreement.

New partner

If you admit any new partner, then this Agreement will be binding on that new partner and on you as if the new partner had signed this Agreement.

If you are a trust or hold trust funds

No trusts without our approval

You continuously represent, warrant, and agree that there are no funds in any Account which are subject to a trust or ownership interest in favour of any other person (a “beneficiary”), except to the extent we have agreed to your use of the Account for that purpose, and we have coded the Account as a trust Account in our records.

Joint and several liability

If there is more than one trustee, each of your obligations to us under this Agreement or otherwise will also be the separate and individual obligation of each of the trustees, each of whom will be jointly and severally bound to us for the performance of those obligations.

Dissolution

If the trust is dissolved for any reason and if you continue to operate your Accounts or use our services, then all actions taken after such dissolution will be binding on you and each trustee, as if the dissolution had not occurred, until notice of the dissolution is received and duly acknowledged in writing by each branch where you have an Account.

Changes in trust

This Agreement will not be revoked by a change in the constitution of the trust, or the resignation of any trustee. This Agreement will be binding on any trust which may be formed from time to time as a successor to you and on each person who may be a trustee of such new trust, to the same extent and with the same effect as if each such trustee had signed this Agreement.

New trustee

If you admit any new trustee, then this Agreement will be binding on that new trustee and on you as if the new trustee had signed this Agreement.

Trust funds

If your Account contains trust funds, you continuously represent, warrant, and agree that:

You have the legal capacity and power, authority, and discretion to deposit the trust funds in the Account and provide any other instructions regarding any trust funds, your Account or our services, including with respect to the deposit, investment, and withdrawal of the trust funds and the opening, operating, and closing of any Account or the use of any service, and that this power, authority, and discretion may be delegated by you to any person, including your Signing Officers and Delegates.
You are and will remain in compliance with all applicable laws and other obligations, including those applicable to any trust funds, Account, or beneficiary.
We are not bound to see to the execution of any trust, any applicable law, or any other obligation to which any trust funds, Account, or beneficiary may be subject, whether or not we have knowledge of any of them.
You will ensure that you instruct us to designate and code each Account containing trust funds as a trust Account in our records. You will keep all trust funds separate and apart from any other funds, investments, or other assets of yours, and will ensure they are not comingled, to the extent required by any applicable laws or other obligation. You will keep the trust funds segregated for each beneficiary to the extent required by any applicable laws or other obligation.
You will not grant or permit any pledge or assignment of, or any security interest on, any trust funds, or Account, except with our prior written consent.

CDIC coverage

The eligibility of trust funds for separate Canada Deposit Insurance Corporation (“CDIC”) coverage per beneficiary is subject to your compliance with the requirements of the Canada Deposit Insurance Corporation Act, its Schedule, and its by-laws, as amended, restated, or replaced from time to time. CDIC by-laws prescribe the time, form, and manner in which you must disclose the interest of a beneficiary to us. You should visit cdic.ca or call 1-800-461-2342 for details. We are not responsible for ensuring that such CDIC coverage requirements are met, and we make no representation in this regard.

Investments

You will direct us as to what investments are required for any trust funds in accordance with applicable laws and other applicable obligations. Subject to your direction, trust funds deposited in an Account may pay interest through GICs of varying terms or other interest-bearing deposits offered by us to you from time to time. We will rely on your directions respecting the investment of trust funds.

You will pay any losses we incur

You will pay us for any losses that may be incurred by us or any of our team, including any claim brought by any trustee, beneficiary, or other person, that are connected in any way with any trust, trust funds, or beneficiary, including any use of your Accounts or our services that does not comply with applicable laws, any trust obligation, or any other obligation.

If you are a joint venture

Joint and several liability

If you are a joint venture, each of your obligations to us under this Agreement or otherwise will also be the separate and individual obligation of each of the joint venture participants, each of whom will be jointly and severally bound to us for the performance of those obligations.

Dissolution

If you are dissolved for any reason and if you continue to operate your Accounts or use our services, then all actions taken after such dissolution will be binding on you and each joint venture participant, as if the dissolution had not occurred, until notice of the dissolution is received and duly acknowledged in writing by each branch where you have an Account.

Changes in joint venture

This Agreement will not be revoked by a change in the constitution of the joint venture, or the resignation of any joint venture participant. This Agreement will be binding on any person which may be formed from time to time as a successor to you and on each person who may be a joint venture participant, partner, shareholder, or member in any such new person, to the same extent and with the same effect as if each such person had signed this Agreement.

New joint venture participant

If you are a joint venture and you admit any new joint venture participant, then this Agreement will be binding on that new joint venture participant and on you as if the new joint venture participant had signed this Agreement.

If you are an unincorporated association

If you are an unincorporated association, each of your obligations to us under this Agreement or otherwise will also be the separate and individual obligation of each of persons who signed your Application as a sponsor, each of whom will be jointly and severally bound to us for the performance of those obligations.

If you use a trade name

You will not use a trade name with your Accounts without our approval. If we give you that approval, you continuously represent and warrant that you have all necessary rights to use, and to allow us to use, the trade name. You will be liable for all instructions, transactions, Account activity, and use of our services made using your trade name. In particular, you will be liable for all cheques and other instruments processed, made payable to, or endorsed using your trade name. You will not deposit any cheques or other instruments in your trade name for which you are not the intended payee. You will pay us for any losses that may be incurred by us or any of our team, including any claim brought by any person, that result directly or indirectly from your use of your trade name, including our acceptance of cheques and other instruments processed, made payable to, or endorsed using your trade name.

Your representations to us

You continuously represent, warrant, and agree that:

If you are an entity rather than an individual, you are duly organized (and, if a corporation, duly incorporated), validly existing, duly qualified, and in good standing under applicable laws, including in the jurisdiction of your incorporation or organization and in each jurisdiction where you carry on business. You have full power and authority to enter into this Agreement and to perform your obligations under this Agreement. Your entering into this Agreement and the performance of your obligations under this Agreement have been duly authorized by all necessary actions, and do not and will not conflict with any applicable laws, your constating documents, any by-laws, resolutions, or other similar documents, or any contracts to which you are a party or by which you are bound.
Your use of your Accounts and our services complies with all applicable laws and our policies and instructions.
All information you provide to us from time to time in connection with this Agreement, your Accounts, or our services is and will continue to be true, complete, and accurate in all respects. Where possible, you will provide us with at least 30 days prior written notice of any change to that information.
Unless we have provided our prior written approval, you do not own, operate, control or receive revenue from, and your Accounts and our services will not be used, directly or indirectly, by, for, or on behalf of, and you are not controlled by: a money services business as defined under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and regulations or by the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”); an online gambling business or operation; a shell bank; a business engaged in or associated with an improper, illegal, or unlawful activity; or any other business that we may, in our discretion, determine to be unacceptable.

We may, at any time, in our sole discretion, require that you provide confirmation of these representations in such manner or form as we may require, which may include an independent legal opinion.

C - Your Accounts

Your Accounts

You may open any number of business deposit Accounts. You may only use your Accounts for your business banking needs.

How you make deposits to your Accounts

You may deposit funds to your Accounts in person, by direct deposit or electronic transfer, by sending us digital images of cheques or other Instruments using methods that are acceptable to us, by mail, or in any other manner acceptable to us from time to time. We may, but are not required to, credit to your Accounts deposits made by any person on your behalf. All deposited Instruments must be payable to you or to bearer. You authorize us to endorse in your name any Instrument deposited without endorsement. We may not accept for deposit Instruments which bear a prior endorsement (because we may be unable to verify that endorsement). Digital images of cheques and other Instruments may be made or captured by us, or our agent, and also used by other financial institutions in connection with the exchange and clearing of Instruments and the settlement of payments. We may deal with images as if they were paper Instruments and the original paper Instruments may be destroyed and not returned to you. All deposits are subject to verification of the source of funds and to our policies on the acceptance of deposits. We may refuse to accept any deposit to your Accounts.

Our Hold Funds Policy

We may place “holds” on deposits until the funds clear. If your deposit is held, you will not be able to access those funds. Our Hold Funds Policy provides more information about holds on deposits. The current version of the Hold Funds Policy is available on our website. You may also obtain a copy by calling our Advice Centre (1-888-517-7000) or visiting any branch.

Returned Instruments

If you deposit an Instrument to your Account, we may provide you with immediate credit, and attempt to collect payment on that Instrument. If the Instrument is returned to us unpaid, we may reverse the credit and any interest paid on that credit. If the reversal involves a currency exchange, you will pay any cost or loss associated with the currency exchange. Fees, commissions and spreads may also apply. See “If you purchase foreign currency” in section D-3. Anyone we hire (such as a financial institution or courier) to affect the collection of an Instrument will be deemed your agent, not our subagent.

Chargebacks

We may debit your Account for any amount that we determine, in our discretion, was credited to the Account, or otherwise paid to you or on your behalf, as a result of an error or any Instrument which may be forged, fraudulent, or unauthorized in any way, including as a result of a material alteration or any forged, fraudulent, unauthorized, missing, or incomplete endorsement or signature, or for which we are unable to receive irrevocable settlement or payment, in each case together with all associated losses. This will include the amount of an Instrument payable to another person which is missing endorsements, or which has forged, fraudulent, or unauthorized endorsements, and the amount of an Instrument for which any party is bankrupt or insolvent. This will also include any Instrument which is dishonoured, unpaid, or paid and subsequently returned. You will immediately repay any overdraft caused by such debit, together with interest. We may make any other adjustments to your Account to give effect to the above.

Endorsement Stamp

You may use a stamped impression bearing your name to endorse cheques or other Instruments for deposit or otherwise. A stamped endorsement will have the same effect as an endorsement actually signed by your Signing Officers.

How you access money in your Accounts

You may access money in your Accounts in any of the following ways:

Withdrawals

You can make withdrawals from your Account at any of our branches or through ATMs (unless you have a type of Card with limited privileges, such as a deposit-only Card). You may be asked to present your Card to withdraw funds. You may also be asked to provide additional identification. We may require you to notify us five (5) days before you make a withdrawal, or to provide such other prior notice as we may reasonably require.

Card payments

You can use your Card to pay for goods and services (unless you have a type of Card with limited privileges that does not allow you to use the Card to pay for goods and services, such as a Card that only allows you to make deposits).

Cheques

You can write cheques on any of your chequing Accounts unless we indicate otherwise. Your cheques are encoded with your Account number and may only be used with your Account associated with that Account number. If you use your cheques for another Account, they may not be accepted. We may refuse to accept a cheque with written Account instructions that differ from the encoded Account number, and we are not responsible if it is processed according to the encoded Account number.

Pre-authorized debits (PADs)

You can arrange with another person (a payee) to have payments withdrawn from your Accounts (debits) and sent directly to them on a regular basis. If a debit to your Account does not comply with your agreement with the payee of the debit, or you revoked that agreement, or you did not receive any required pre-notification, then you may have certain rights to reimbursement under Payments Canada’s rules. We will not accept a claim unless it is made in compliance with those rules and within the time periods specified by those rules (usually 10 business days after processing for business PADs). We have no obligation to notify you that a PAD has been debited to your Accounts. After the time periods specified by those rules, you must resolve the dispute directly with the payee.

Transfers

You can transfer funds from or between any of your Accounts at any of our branches, or through your Coast Online Banking Platform, Coast Mobile Banking, or our Advice Centre Services (1-888-517-7000). You can also transfer funds between Accounts under the same membership at ATMs. Subject to exclusions, you can arrange for us to transfer funds between your Accounts with us, or from your Account at another Canadian financial institution, on a regular basis with our pre-authorized credit and debit services. You can also make payments to others using the various payment services we offer from time to time.

Access to your Accounts and transactions may be subject to daily or other limits set by us from time to time. Some Accounts may be subject to restrictions on the ways that you access them. For additional information, see the Business Banking Guide.

You are responsible for any use of your cheques

Your cheques are for your use only. You are responsible for keeping your cheques and your Records safe at all times. You are responsible for all use of your cheques or other instruments, including any forgery or alteration.

You will notify us immediately if you discover any forged or unauthorized instrument or alteration. You will also notify us immediately if you become aware that your cheques or your Records are lost or have been stolen.

Stopping payment of a cheque

If it has not already been paid, you may ask us to stop payment of a cheque or other instrument drawn on any of your Accounts. Any stop payment must be done using the procedures we specify. The procedures may change from time to time. When we receive your request to stop a payment, we will make a reasonable effort to stop the payment. We will not be liable to you or any other person if we are unable to or otherwise fail to comply with your request. You will pay us for any losses that may be incurred by us or any of Our Team, including any claim brought by any person, that result from our complying with, or failing to comply with, your request to stop a payment, even if caused by our gross negligence.

Cheque images

We may, in our discretion, provide images of cheques and other Instruments with your statements. Your Coast Online Banking Platform may permit you to view and print images of cheques and other Instruments. Service fees may apply. Images may be provided or made available before we have determined whether the cheque or other Instrument will be accepted. Providing or making an image available to you does not mean the transaction has been processed or obligate us to accept the cheque or other Instrument. We have no obligation to provide you with physical cheques and other Instruments. Physical cheques and other Instruments may be destroyed.

Wire transfers

Instructions

We may, in our discretion, accept your instructions for the wire transfer of funds. You are obligated to disclose complete and accurate instructions and any other relevant circumstances around your instructions. We may rely, without verification, on the name and account number of the recipient of your wire transfer as provided by you. Your wire transfer instructions are irrevocable once processed by us. You will pay all fees and costs charged or incurred by us and other financial institutions involved in the wire transfer. Your wire transfer may be affected by cut off times, differing time zones, and other restrictions. If you provide incomplete or incorrect information, your wire transfer may not be processed, or may be processed incorrectly. There is no guaranteed time or date of delivery of your wire transfer. Your wire transfer may be subject to government interception as it is routed through intermediary financial institutions. The recipient of your wire transfer may be charged additional fees by other financial institutions. The exchange rate in effect at the time you provide instructions for your wire transfer may be different from the rate that we apply at the time your wire transfer is processed by us. We are not responsible for any losses related to exchange rate, including any loss in the value of the wire transfer or the value of your Accounts due to an adverse change in rates or any loss between the date you provide instructions and the date the wire transfer is processed or returned. For further clarity, if your wire transfer is returned, it may be subject to exchange rate fluctuations and to additional costs charged or incurred by us and other financial institutions.

Risk

You are responsible for verifying your instructions and the relevant circumstances around your instructions to ensure that there is no fraudulent, unlawful, or improper activity and that an error or mistake has not occurred. We may, but are not obligated to, investigate your instructions or the circumstances around your instructions to determine whether there are any indications of fraud, unlawful, or improper activity or error or mistake. We may, but are not obligated to, in our sole discretion, and without notice to you, decline or refuse to act on an instruction that appears to be given by you or if we believe that you, the recipient of a wire transfer, or any other party standing to benefit is engaging in fraudulent, unlawful, or improper activity or that an error or mistake has occurred. We will not be responsible for any loss to you or your Accounts resulting from your, the recipient’s, or any other third party’s fraudulent, unlawful, or improper activity or error or mistake.

Interest on your Accounts

We pay interest on interest bearing Accounts. You may obtain information on current rates and how we calculate and pay interest by visiting our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch. The interest rates, and how we calculate and pay interest, may change. We will notify you of the change if required by applicable law.

You may choose your preferred method of record-keeping

You may choose your preferred method of record-keeping. You may change your choice by logging-in to Coast Online Banking Platform or Coast Mobile Banking, calling our Advice Centre (1-888-517-7000), or by visiting any branch.

Paperless

If you have chosen ‘Paperless’ as your record-keeping option, you will not receive any Account statements (unless we are required by law to send them). You must promptly review your transaction history through your Coast Online Banking Platform or Coast Mobile Banking, by calling our Advice Centre (1-888-517-7000), or at any branch. If you wish to keep a permanent copy of your transaction history, you should save it in hard copy or electronic format from your Coast Online Banking Platform. Copies are also available at any branch. Service fees may apply.

eStatements

If you have chosen ‘eStatements’ as your record-keeping option, your electronic statements will be posted in your Coast Online Banking Platform (or in one or more of your Coast Online Banking Platforms, if you use more than one Coast Online Banking Platform) and Coast Mobile Banking. An eNotification is our electronic notice that an eStatement is available on your Coast Online Banking Platform (or in one or more of your Coast Online Banking Platforms, if you use more than one Coast Online Banking Platform) and Coast Mobile Banking. If you elect to receive eNotifications, or if you have a line of credit or variable rate fixed term credit, we will send an eNotification to you when your eStatement is available. eNotifications are sent to the email address you provide to us. You will immediately notify us of any changes to your email address. Failure to provide a valid email address may disrupt delivery of eNotifications, and we may then need to send you paper statements. Paper statement service fees would apply. If we are unable to provide an eStatement for any reason, we may send a paper statement. You will remain responsible for reviewing your Account activity through other available methods during any period when you have not received an eNotification or an eStatement. You have the right to withdraw your consent to eStatements at any time. If you wish to do so, please log-in to Coast Online Banking Platform or Coast Mobile Banking, call our Advice Centre (1-888-517-7000) or visit any branch. eStatements will be retained and available for seven (7) years. If you wish to keep a permanent copy of your eStatements, you should save them in hard copy or electronic format from your Coast Online Banking Platform.

Paper statements

If you have chosen ‘Paper Statements’ as your record-keeping option, your statements will be mailed to the most recent address you have provided to us. Service fees may apply. You will advise us promptly if you have not received your statement within 10 days of when you would normally receive it. If paper statements have been returned to us as undeliverable, your paper statements may cease until you provide us with a current mailing address. You will remain responsible for reviewing your Account activity through other available methods during any period when you have not received a paper statement.

If you have chosen ‘Paper Statements’ or ‘eStatements’ for an Account for which you have not made a withdrawal or deposit for more than one (1) month, you may not receive a statement until you subsequently make a withdrawal or deposit to the Account.

You must immediately notify us of any errors, omissions or unauthorized transactions

You will promptly and carefully examine your Records. You will immediately notify us in writing of any errors, omissions, or unauthorized transactions in the Records as soon as you discover them. The notice periods and release below apply even if your Record is delayed, or you have not received it, or you have failed to review it, or you have failed to review your Account transaction information on your Coast Online Banking Platform or Coast Mobile Banking, by calling our Advice Centre (1-888-517-7000), or at a branch.

If we do not receive written notice from you of any errors, omissions, or unauthorized transactions in your Records within the following notice periods:

If you have chosen ‘eStatements’ or ‘Paper Statements’, within 30 days of the statement date; and
If you have chosen ‘Paperless’, within 30 days of the transaction date;

then you agree to accept the Account balances and the Account transaction information, fees, and instruments posted to your Account, and you will not be credited with any amount that does not appear in the Account transaction information as shown in your Records, even if a debit entry was not authorized or was based on a forgery or was otherwise wrongly or fraudulently made. You also agree that we will be released from any claim with respect to every transaction, fee, entry, or Instrument in the Records or posted to your Account, and any other claim in connection with your Account, including claims for negligence, conversion, breach of trust, breach of fiduciary duty, or breach of contract. This section does not prevent us from correcting amounts added to your Account by any error or a system malfunction (see section C-11), and this section does not apply to the extent that you have rights to reimbursement in relation to PADs under Payments Canada’s rules (see section C-3) or to redress under the Act.

Errors and system malfunctions

Subject to your obligations immediately notify us of any errors, omissions, or unauthorized transactions (see section C-10), if your Account is incorrectly debited due to any error or system malfunction, we will pay you the amount of the debit. If your Account is incorrectly credited due to any error or system malfunction, you will pay us the amount of the credit. We will not unreasonably restrict you from your use of these funds while the matter is being resolved.

Compliance with laws

All Instruments will be issued and paid, and all transactions will be processed in accordance with applicable laws, the rules of Payments Canada and any foreign clearing associations, Interac rules, and any self-regulatory codes adopted by us. You will comply with any applicable rules of Payments Canada, including its rules relating to preauthorized debits and the large value transfer system.

We may restrict your access to your Accounts

We may restrict your ability to withdraw or transfer funds in any of your Accounts, freeze or close any of your Accounts, or suspend any services, with or without notice if:

Required by law or a regulatory authority;
We believe that you or any of your Signing Officers or Delegates are a victim of identity theft, or that any Account activity is suspicious, or possibly illegal, fraudulent or unauthorized;
Your Account is operated in a manner that is unsatisfactory to us, including by a person whom we suspect may be engaged in financial abuse;
You or any of your Signing Officers or Delegates breach the terms of any agreement or policy applicable to your Account, or any other agreement with us;
We are notified that a claim has been made or may be made against funds in your Account;
There is any dispute or doubt as to who has the authority to operate your Accounts or use our services;
You have declared bankruptcy or become the subject of bankruptcy proceedings or a receiver is appointed over your assets;
You have been declared, or we believe you might be, mentally incompetent or incapable of managing your own affairs, subject to you having appointed an attorney or representative whose authority survives your mental incompetency or incapacity, or a legal guardian being appointed to manage your affairs;
You fail to act with respect and civility in dealing with us or our personnel, or we consider that your conduct toward us and our personnel is otherwise inappropriate; or
We have any other reason to restrict your ability to withdraw or transfer funds in your Accounts, or to freeze your Accounts, or to suspend any services.

Closing your Account

In addition to any other rights we have in this Agreement, we may, in our discretion, suspend, freeze, block, or close any of your Accounts at any time and pay the balance to you, less any amounts due and owing to us. You may close any of your Accounts using methods that are acceptable to us. Account closure does not release you from any debt or obligation to us.

Termination of Agreement

You may terminate this Agreement at any time by visiting one of our branches.

Cancellation within 14 days of opening

You may choose to close any of your Accounts within 14 business days after the day on which the Account is opened. You must remove all funds from your Account within the same period. We will close your Account without charge, except for fees associated with the use of your Account (for example, any fees related to services you have specifically requested) and any expense that we have reasonably incurred in providing the Account.

After the 14-day period

You may choose to close your Account more than 14 business days after the day on which the Account is opening. You must: (i) pay the fees associated with the use of your Account and Debit Card and (ii) any fees we may have incurred.

D - All Accounts and Services

Using our services

You agree to comply with our publicly available policies and instructions relating to our services including, without limitation, those policies we have established to manage risk. The current versions of our policies and instructions are available on our website. You may also obtain copies by calling our Advice Centre (1-888-517-7000) or visiting any branch.

We may change the functionality and features of any service, or suspend or terminate any service, without notice.

Your service charges

We will charge you the service fees established by us, from time to time, that apply in relation to your Accounts and our services, and any applicable taxes. For information on our service fees, see the current Business Banking Guide, visit our website, call our Advice Centre (1-888-517-7000), or visit any branch. The services fees listed in the current Business Banking Guide apply to all Accounts unless we indicate otherwise. If you don’t have enough money in your Account to cover the service fees, we may pay them from any other Account you have with us. Our service fees are subject to change from time to time.

If you use third parties to access our services, conduct transactions, provide instructions, or access your Accounts, including third party ATMs and point-of-sale devices, then:

You will pay any fees, commissions, spreads, and other charges imposed by or payable to the third parties or their intermediaries, and we may charge those amounts to your Accounts. You will also pay any additional service fees established by us.
We are not liable to you and you assume all risks with using any third party service and the associated fees, commissions, spreads, and other charges, and we have no liability to you in respect of any third party services, fees, commissions, spreads, and other charges. Any dispute you may have with a third party service must be resolved between you and the third party, without our involvement.
The third party is acting as your agent and not as our agent.

If you purchase foreign currency or make foreign currency transactions

All transactions involving foreign currency are provided by us on an “as-is” and “as available” basis. Deposits and other credits to an Account, and debits from an Account, whether by cash or Instrument, made and accepted by us in a currency other than the currency of the Account, will be converted into the currency of the Account. We may, in our discretion, decline to proceed with a transaction involving a foreign currency. Once a transaction involving a foreign currency has been processed, you cannot revoke it.

For foreign currency conversion transactions entered into directly between you and us (for example, purchases of foreign currency at Coast Capital branch or Coast Capital ATM), the rate of conversion will be our selling rate for the conversion as determined by us on the date of the transaction. Our selling rate for a currency may be more than our buying rate for that currency. Service fees and commissions may also apply in addition to any spread between buying and selling rates of foreign currency. We may apply a percentage-based commission to foreign currency exchange transactions in accordance with the rates disclosed from, time to time, on our website. You may also obtain information on these rates by calling our Advice Centre (1-888-517-7000) or visiting any branch.

If you purchase foreign currency using your Card other than through a Coast Capital ATM (for example, withdrawing funds from an ATM outside of Canada):

You may be charged a fee for the use of a third party ATM or other Card reading device;
Third parties, including network access providers, may charge fees or commissions or both for the purchase of foreign currency, and earn a spread between the buying and selling rates of foreign currency;
There may be multiple conversion transactions that occur in the course of delivery of the debit request to us, each of which may be subject to fees, commissions, and a spread payable to third parties; and
We may debit your Account for all such amounts charged by third parties.

We may not be aware of all the amounts charged by third parties in relation to a foreign currency conversion, so the full cost of a foreign currency conversion may not be known until the amount is charged to your Account.

In addition, we may apply a service fee and percentage-based commission to foreign currency exchange transactions in accordance with the rates disclosed from time to time on our website. You may also obtain information on these rates by calling our Advice Centre (1-888-517-7000) or visiting any branch.

Your instructions to us

We may act on any instructions or other information relating to your Account or our services that are provided by any method we approve, and whether provided by you or in your name or by someone purporting to be you or purporting to be acting on your behalf. We may, in our discretion, decline to act on your instructions or require verification of your instructions. We are not required to verify your instructions in any circumstances.

We will consider any electronic communication received from you or in your name to be duly authorized by you. The term “electronic communication” means any communication by or involving electronic methods, including communications within your Coast Online Banking Platform, Coast Mobile Banking, or our Advice Centre Services, made using your Card, or by telephone, email, social media, or fax. You authorize us to rely and act on any such electronic communication. If we try to verify the validity of any electronically communicated instructions and are unable to do so to our satisfaction, then we may, but are not obligated to, delay in acting on or refuse to act on such instructions.

Instructions sent to us through mail or physical delivery must be sent or delivered to the branch of Account and will be considered to be received by us only when actually brought to the attention of the responsible officer at the branch of Account. For information on your branch of Account, see section F-10.

Your legal representatives

We may, in our discretion, contract with, accept instructions from, or permit Account business to be transacted by, your legal representatives (including your Signing Officers and Delegates, anyone to whom you have given a power of attorney, or your trustee-in-bankruptcy or receiver). We may, but are not obligated to, request that your legal representative or a person purporting to be your legal representative provide evidence, satisfactory to us in our sole discretion, of their authority to operate your Account (for example, an order of a court).

We will not be liable for any damages suffered by you or any other person that result directly or indirectly from the operation of your Accounts by your legal representative or a person purporting to be your legal representative. You will pay us for any losses that may be incurred by us or any of Our Team, including any claim brought by any person, that result directly or indirectly from the operation of your Accounts by your legal representative or a person purporting to be your legal representative.

Your information requests

If you ask us for documents or other information relating to your Accounts, our services, or your membership, then we will provide you with copies of the documents and information that we are required by law to provide. We will not provide copies of documents or information when prohibited by law. We may require you to pay a fee, as outlined in the Business Banking Guide. If the amount of the fee cannot be determined prior to your request, we will disclose the fee, without delay, after the amount is determined.

Other information requests

From time to time, we may be required to comply with any lawful third parties seeking documents or other information relating to your Accounts. We may, in our discretion, debit your Account for the costs of complying with court orders, warrants, summons to witnesses, subpoenas, or statutory demands, or responding to any legal proceeding in which we are asked to provide copies of your financial information or records. The costs we may charge include reasonable legal fees, service provider fees, fees for clerical time, and copy charges. We may, but do not have to, notify you that we have received a legal notice or document before we comply with it.

Overdrafts

Unless we agree, you may not overdraw your Accounts. We may decline any transaction that creates or increases an overdraft that we have not authorized or, if we debit any amount from your Account, we may reverse the transaction that created the debit. If you create or increase an overdraft that we have not authorized, you must promptly repay the amount you overdraw, without notice from us. We will charge you interest from the date of the overdraft until you have repaid it at the rate per annum that we may from time to time establish for overdrafts that are not covered by overdraft protection. Interest is calculated daily, and compounded and payable monthly, not in advance. Interest will continue to be payable by you at this rate both before and after we demand payment, a breach by you of this Agreement, or we obtain judgment against you. We may change the interest rate or the manner of calculating interest at any time, without notice. We will also charge you service fees for an unauthorized overdraft. If we allow you to overdraw your Account one or more times, that does not mean we will allow you to do it again.

If your Account becomes inactive or abandoned

If there have been no transactions on your Account and you have not requested or acknowledged a statement of account for a period of 24 months, then we will designate your Account as inactive. If there have been no transactions on your Account and you have not requested or acknowledged a statement of account for a period of 10 years, then we will designate your Account as abandoned. We will attempt to communicate with you after 2 years, 5 years, and 9 years of account inactivity. Service fees may be charged on Accounts which are inactive or abandoned. If there are insufficient funds in your Account to cover the service fees which are payable by you, we may close the Account without notice to you. Accounts which are abandoned will be subject to escheat (this means the deposits become the property of the federal government) in accordance with federal law and transferred to the Bank of Canada. There is a process for reclaiming those deposits by filing a claim with the Bank of Canada.

Third party services

We may make services provided by third parties available to you. If we do so, then:

The third party service is optional, and is offered for your convenience. We are not affiliated or associated with any third party except for our subsidiaries or affiliates. No third party is our agent. Any third party located in a foreign jurisdiction is bound by the laws of its local jurisdiction and may disclose personal information according to those laws.
The third party service is provided by the third party, and not by us. Your use of any third party service is at your sole risk and is subject to any third party terms and conditions, including the third party’s privacy policy. Third party services are provided on an “as is” and “as available” basis. We disclaim all warranties (express or implied) in connection with any third party services. We make no warranties regarding any information, products, and other content included in or accessible from any third party service.
If a third party deals with us in its provision of services to you, the third party is acting as your agent and not as our agent.
At the time you obtain the third party services, you may be required to enter into additional agreements specific to those services.

Where there are links from our website or within E-services to any third party’s website, we do not make any representations about, do not endorse, and are not responsible for any losses relating to, the third party or the third party’s website, products, services, or privacy policies.

Security

You will use all reasonable security measures and procedures to ensure the security of your Accounts, our services, your Cards, each Proof of Identity, the computers and other systems you use to access your Accounts or our services, your Mobile Devices, and your confidential and personal information.

You must:

Always use current firewall and anti-virus programs, and promptly install all updates and security patches for all software you use;
Never provide any Account information or any Proof of Identity to anyone in response to an unsolicited email or call, or to anyone else who may pretend to represent us and ask for this information;
Never click on a link provided in an unsolicited email, but instead directly access your Coast Online Banking Platform and Coast Mobile Banking;
Always verify the identity of any caller claiming to represent us, and the authenticity of any telephone number or website address provided by a caller or in an unsolicited email; and
Always sign off and close your web browser promptly after you have finished accessing your Coast Online Banking Platform or sign off and close your mobile web browser or app, as applicable, promptly after you have finished accessing Coast Mobile Banking.

If any security incident affects, or might affect, your Accounts or our services, you must notify us immediately by calling our Advice Centre (1-888-517-7000).

You will comply with all security procedures and other requirements that we may specify or recommend from time to time.

We may conduct periodic audits and tests of our services, including to investigate any technical difficulties, security incidents, or deficiencies, or any actual or potential breach of security. Our services may be temporarily unavailable during such audits and tests. You agree to cooperate with such audits and tests.

You will use all reasonable security measures and procedures to protect your Accounts and our services from fraudulent activities. You will at all times have in place all reasonable procedures designed to prevent and detect losses due to forged or unauthorized signatures, or fraud or theft in relation to your Accounts, our services, or any instruments.

You will not use your Accounts or our services for improper purposes

You will not use your Accounts or our services for any fraudulent, unlawful, dishonest, malicious, or defamatory purpose, or for any other activity unsatisfactory to us. You will not do anything that could undermine the security, integrity, effectiveness, goodwill, or connectivity of any of our services or our systems, including any activity that could cause harm to us, any other user, or any other person.

You will notify us of suspicious, fraudulent or unauthorized activities

You must notify us immediately, by calling our Advice Centre (1-888-517-7000), if there is any suspicious, unusual, actual, or suspected fraudulent, or other unauthorized use in relation to your Accounts or our services, including if any unauthorized person has had, or may have had, access to any of our services.

You will not engage in money laundering or terrorist financing

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), as amended, restated, or replaced from time to time, applies to the operation of your Accounts and the provision of our services. We will from time to time adopt policies to address the reporting, recordkeeping, client identification and other requirements of that legislation. You will comply with all those policies, and you consent to our conducting such activities, including background checks, as we may consider necessary for the purpose of complying with our obligations under that legislation or any other requirements we may have under law or our policies in respect of money laundering, terrorist financing, and sanctions laws, as well as requirements relating to fraud risk management.

You will not allow another person to use your Accounts or our services, and you will not use your Accounts or our services on behalf of or on the instructions of another person, except to the extent we have agreed to your use of the Account or our services in that manner.

You continuously represent, warrant, and agree that:

You and your Signing Officers and Delegates have complied, and will comply, with all applicable laws relating to money laundering or terrorist financing, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), as amended, restated, or replaced from time to time, and regulations and any requirements of FINTRAC.
To the best of your knowledge, no regulatory authority or other person has ever conducted any type of investigation related to any activity in contravention of applicable laws relating to money laundering, terrorist financing, or sanctions with regard to your Accounts or financial transactions, or any accounts or financial transactions under your control, or any accounts or financial transactions of, or controlled by, any person connected to you, other than routine and regular examinations by a regulatory authority in the normal course of business. For the purpose of this section, “person connected to you” means any person related to or affiliated with you, any of your directors or officers, or any director or officer of any person related to or affiliated with you.
You have not been accused or convicted of an offence related to money laundering, terrorist financing, or breach of sanctions and, to the best of your knowledge, neither has any person connected to you (including any of your Signing Officers and Delegates).
None of your assets, and to the best of your knowledge none of the assets of any person connected to you (including your Signing Officers and Delegates), have been frozen or subject to seizure due to an allegation of money laundering, terrorist financing, breach of sanctions, or other illegal activity involving Accounts or financial transactions.

We may, at any time, in our sole discretion, require that you provide confirmation of these representations in such manner or form as we may require, which may include an independent legal opinion.

E - Your Card and E-services

Using your Card

You may use your Card to access any Accounts linked to it and to conduct transactions and provide instructions on those Accounts as we may allow from time to time. Once a transaction has been processed or an instruction has been given, you cannot revoke it. Transactions will be credited or debited to your Account on a date determined by us, which may be different than the date the instruction is given or the transaction is processed.

You may not use your Card after the expiry date shown on it. Your Card contains private information regarding your banking relationship with us, and you must securely destroy it upon expiry. You may be required to activate your Card before it can be used. We may issue a renewal Card when your current Card expires or replace it with a different card type if your Card is discontinued for any reason.

Your PIN

When you use your Card, you may be required to enter a PIN. You will change your PIN promptly if we ask you to. We recommend that you change your PIN periodically.

We may send you a system-generated PIN. This PIN is printed on a tamper-resistant form. If we send you a PIN, you will destroy the form on which it is printed.

You may use your Card without the PIN for Interac Flash transactions and for internet, mail order, or telephone order transactions. You may also use your Card in your digital wallet without the PIN. You agree that we may process these transactions without a PIN and you will be responsible for them.

Security of your Card and confidentiality of your PIN

You must keep your Card secure and your PIN confidential. This includes:

Keep possession of your Card, and keep your PIN separate from your Card. You will not record it on your Card or keep it near your Card;
Not use a PIN that may be easily guessed by others, such as your name, birthday, phone number, address, Social Insurance Number, or personal details of family or friends;
Not disclose your PIN voluntarily to anyone at any time, including to a family member, friend, financial institution employee, or law enforcement agency; and
Take all reasonable precautions to ensure that no one finds out your PIN while keying it in.

When you must notify us and take steps to deactivate your Card

You must notify us immediately, by calling our Advice Centre (1-888-517-7000), as soon as you know or suspect that:

Your Card is lost or stolen, or has been used by someone else;
Your PIN has become known to someone else;
The user ID, password, or other credentials that you use to log into your Mobile Device or to make payments with your digital wallet have become known to someone else;
The security of your personal computer, Mobile Device, or personal information has been compromised creating risk of unauthorized access to your Accounts with us; or
An unauthorized transaction has occurred using your Card or PIN.

If you have access to Coast Mobile Banking, you must use the security features to lock your Card if you know or suspect that the security of your Card or confidentiality of your PIN have been compromised.

Your liability for Card transactions

You are responsible for all Card transactions authorized by you and, except as expressly provided below, for all other Card transactions where your Card or PIN are used to carry out the transaction.

You are also responsible if:

You make any entry error or worthless or fraudulent deposit;
You fail to notify us immediately or fail to deactivate your Card when required under “When you must notify us and take steps to deactivate your Card”; or
You voluntarily provide another person with the credentials required to use a digital wallet on your Mobile Device or fail to take adequate steps to secure a Mobile Device having a digital wallet.

We will not hold you liable for losses in the following circumstances:

Unauthorized use of your Card, where we are satisfied on a balance of probabilities that you have been the victim of fraud or theft, or that you have been coerced by trickery, force or intimidation, provided that you notify us immediately when required under “When you must notify us and take steps to deactivate your Card”, you report the unauthorized use to us not later than within the time periods required in section C-10, you cooperate fully in any subsequent investigation, and you have not intentionally contributed to the unauthorized transaction;
Unauthorized use of your Card after you have notified us or deactivated your Card as required under “When you must notify us and take steps to deactivate your Card”;
Transactions completed through physical Cards that are forged, faulty, expired, or cancelled; or
The losses resulted from a failure, error, malfunction, or technical problem of our systems.

You are responsible for all other losses resulting from unauthorized use of your Card or PIN.

Your liability may exceed your Account’s credit balance or available funds if:

The Account is linked to a line of credit, or is linked with another Account having this feature; or
The transaction is completed on the basis of an entry error or a fraudulent or worthless deposit.

Unauthorized Card transactions

If you have a problem regarding an unauthorized Card transaction that is posted to your Account, call our Advice Centre (1-888-517-7000) or visit any branch to place a trace on the transaction. After you report an unauthorized Card transaction, we will make every attempt to resolve your issue within 10 business days. If we ask, you will provide us with your signed written statement and your signed written affidavit. This may result in a temporary suspension of the 10 business days time limit, until the requested documentation is received. We will not unreasonably restrict you from the use of the funds that are the subject of the dispute. If we later determine that a transaction was authorized by you, then we may reverse any amounts we reimbursed to you and you will be responsible for the transaction (including any interest and service charges if the reversal overdraws your Account). If the problem is not resolved to your satisfaction, see “If you have a problem or concern” in section F-1.

Canadian Code of Practice for Consumer Debit Card Services

We endorse the Canadian Code of Practice for Consumer Debit Card Services and commit to maintain or exceed the level of customer protection it establishes.

Using E-services

You may use E-services to access any Account available through the E-service and to conduct such transactions and provide such instructions as we may allow, from time to time. Once a transaction has been processed or an instruction has been given, you cannot revoke it. Transactions will be credited or debited to your Account on a date determined by us.

Your Proof of Identity

Your Proof of Identity is used to identify you for access to an E-service. You authorize us to accept, and you agree to be responsible for any transactions made and any electronic or verbal instructions given through an E-service, by you or using your Proof of Identity, to the same extent as if you had given signed written instructions to us.

You may change your Proof of Identity at any time, as applicable. You will change your Proof of Identity promptly if we ask you to.

Security of your computers and Mobile Device, and confidentiality of your Proof of Identity

You will keep your Proof of Identity confidential, and you will take every reasonable precaution to keep your computers and Mobile Devices secure from others. This includes:

Keep possession of the computers and Mobile Devices that you use to access E-services, and keeping your Proof of Identity separate from them. If you must write down your Proof of Identity, you will not record it on or keep it near your computer or Mobile Device;
Avoid a Proof of Identity that may be easily guessed, such as your name, birthday, phone number, address, Social Insurance Number, or personal details of family or friends;
Not disclose your Proof of Identity voluntarily to anyone at any time, including to a family member, friend, financial institution employee, or law enforcement agency; and
Take all reasonable precautions to ensure that no one finds out your Proof of Identity while logging into an E-service.

If you disclose your Proof of Identity to another person, then any transaction made by that person will be deemed to have been authorized by you.

Sharing your Proof of Identity

You may choose to share your Proof of Identity with a third party provider that requires your Proof of Identity to provide its products or services (for example, a third party accounting app that access your accounts at a financial institution to track cashflow, etc.). If you do share your Proof of Identity, you understand that:

The products and services of the third party are not provided by us and we do not endorse the use of the products or services and are not responsible for the accuracy of the information provided by the third party;
We will not help the third party verify your Proof of Identity or facilitate access to your Accounts;
We will not be responsible for the information retrieved by the third party;
We will not be responsible to you for any losses that may result from you sharing your Proof of Identity, or you using the third party’s product or services, including losses resulting from data breach of the third party and subsequent disclosure of any of your personal information;
Any losses resulting from your use of the third party’s products or services or any dispute between you and the third party, must be resolved between you and the third party, without our involvement;
You are responsible for reviewing the security and privacy standards, and the terms of use of the third party to determine what your potential liability could be in connection with using the third party’s products or services; and
You will change your Proof of Identity immediately when you stop using the third party’s products or services.

For security and system reasons, we have the right to prevent third parties from using your Proof of Identity to access your Accounts.

When you must notify us

You must notify us immediately, by calling our Advice Centre (1-888-517-7000), as soon as you know or suspect that:

A computer or Mobile Device that you use to access E-services is lost or stolen, or has been used by someone else, or the security of the computer or Mobile Device has been compromised;
Your Proof of Identity has become known to someone else;
The user ID, password, or other credentials that you use to log into your Mobile Device or to make payments with your digital wallet have become known to someone else; or
An unauthorized transaction has or may have been made through your E-service.

Your Information

When you or your Signing Officers or Delegates use your Coast Online Banking Platform, Coast Mobile Banking, our websites, or other E-services, we may also collect:

Device information, including information about your operating system, browser, software applications, IP address, geolocation, and security status, to improve your experience and to protect against financial abuse, fraud, error, criminal activity, and other risks.
Website use information such as browsing behavior on our sites and links, locations you click, form data, and downloads as well as other data gathered from the use of web tools (for example, cookies, web beacons, tagging, and Google Analytics) to better understand your interests and needs so that we can serve you better.

Your liability for using Coast Mobile Banking

You are responsible for any unauthorized use of Coast Mobile Banking through your Mobile Device that occurs before you notify us that your Mobile Device may have been lost, stolen, or compromised. You are responsible for all fees charged by your phone company.

Your liability for E-service transactions

You are responsible for all transactions processed through E-services using your Proof of Identity, whether or not authorized by you and whether or not you have been the victim of trickery, force, intimidation, or theft.

You are responsible for the accuracy of your transaction instructions, including account number, payment amount, and any other relevant information recorded or entered by you into our systems. Depending on the type of transaction, electronic payment instructions may be final and irrevocable, and it may not be possible to retrieve funds sent in error.

We will not hold you liable for losses in the following circumstances:

Unauthorized use of your Proof of Identity after you have notified us as required under “When you must notify us”; or
Losses to your Account resulting from a failure, error, malfunction, or technical problem of our systems.

You are responsible for all other losses resulting from the use of your Proof of Identity.

We may set limits for your Card or E-services

We may set limits for your use of your Card or E-services and we may change those limits at any time, without notice to you. We may, in our discretion, allow you to exceed those limits. You may check your limits or ask for lower limits by calling our Advice Centre (1-888-517-7000) or by visiting any branch.

You must resolve any disputes with merchants

We are not responsible for any dispute you may have with any person from whom you have purchased or attempted to purchase goods or services using your Card or E-services. You must resolve the dispute directly with that person.

Using electronic bill payments

If you use any of our services for bill payments, you are responsible for the accuracy of your electronic payment instructions, including the billing company paid, billing account number, payment amount, other information in your bill profile, and your personal information recorded in our systems. Depending on the type of payment, electronic payment instructions may be final and irrevocable, and it may not be possible to retrieve funds sent in error. We may update your bill profile, including your billing account numbers and billers’ names, if informed of a change by the biller or if deemed necessary by us.

You will ensure that you have sufficient funds in your Account (or a linked line of credit) at the effective time of your payment. Payment instructions may not be processed without sufficient funds. Postdated payments set up by you may not be processed for a number of reasons, including insufficient funds, inconsistency between the billing account number on your postdated payment and the billing account number recorded on your bill profile at the time of processing the payment, and a change in the status of the biller.

You are responsible for knowing your biller’s payment requirements. We may reject, cancel, or return a payment to you that does not meet those requirements.

We typically process bill payments on each day we are open for business, but there is no guaranteed time or date of delivery of your payment. Payments may take time to reach the biller after the payment instructions are processed by us. You are responsible for ensuring that your payments are scheduled so that there is sufficient time before their due date for them to be processed by us and received by the biller. We are not responsible for any penalties, fees, interest, costs, or damages suffered by you with respect to any payments or for our inability to retrieve any payments.

Using lnterac Flash

You can have Interac Flash enabled or disabled on your Card by calling our Advice Centre (1-888-517-7000) or by visiting any branch. If Interac Flash is enabled, your card has a transaction contactless spend limit of $250 and a cumulative contactless spend limit of $400. We may set lower contactless spend limits at our discretion to mitigate fraud and other risks. If you exceed your cumulative contactless spend limit at any merchant, you will be asked to insert your Card and enter your PIN in order to complete the transaction. Upon successful completion of the transaction, your lnterac Flash cumulative contactless spend limit will be reset.

Using our money transfer services

You may use our money transfer services (including Interac e-Transfer) to send and receive money using your Coast Online Banking Platform, Coast Mobile Banking, or other E-services.

To send money using our money transfer services, you must provide the recipient’s email address or mobile phone number or both. You may also be required to provide a security question that will be used to authenticate the recipient of the transfer. To receive money using our money transfer service, you may be required to correctly answer a security question. If you send a money transfer to someone who has automatic deposit set up for their service, you do so at your own risk. Where automatic deposit is enabled, the recipient may not be required to answer a security question, the funds may be automatically deposited to their account, and the deposited funds may be irrevocable. Funds may be debited from your Account once you provide instructions pending completion of the transaction, which may occur at a later date. Completion of payment may require action on the part of the recipient.

If a security question is required:

As a sender, you agree to create an effective security question and answer that is known only to you and the recipient, cannot be easily guessed, and you agree not to use email, any optional message that may accompany the transfer, or any other insecure means, to send the recipient the answer to the security question.
As a recipient, you agree to keep the answer to the security question confidential at all times and to use it only as required to receive the transfer.
We may pay the transfer to anyone who claims it as the recipient and correctly answers the security question, whether or not that person is the person you intended to receive the transfer.

Before using our money transfer services (including Interac e-Transfer), you agree that, as a sender or requestor of money via money transfer services, it is your responsibility to provide the recipient’s complete and accurate email address or mobile number or both. You further agree not to provide the recipient’s email address or mobile number (and not to initiate a send or request) through money transfer services unless the recipient has consented to you to give his or her email address or mobile number to us, other participating financial institutions, Interac Corp., and their respective suppliers for collection, use, disclosure, and storage of the information for the purpose of the service. You agree that it is your responsibility to provide complete and accurate information about the recipient. We will not be liable for losses incurred by you as a sender, requestor, or recipient of money via money transfer services as a result of errors regarding email address or mobile number of your intended recipient, misuse, improper communication, or disclosure of the answer to the security question, or errors on your part while using the service.

You, as a sender or recipient of money using our money transfer service, will not engage in fraudulent, unlawful, or improper activity. We will not be obligated to make inquiries into your use of our money transfer service to determine whether there are any indications of fraud, unlawful, or improper activity, or error or mistake. We will not be responsible for any loss to you resulting from your, the recipient’s, or any other third party’s fraudulent, unlawful, or improper activity, or error or mistake. We will not be responsible for any other losses incurred by you resulting from your use of our money transfer services, including losses resulting from funds being received by someone other than the intended recipient.

Using your Card in a digital wallet

A digital wallet is a Mobile Device app that allows you to make a payment with your Mobile Device in place of your Card, without necessarily having to enter your PIN. Digital wallets may be used at participating merchants, for payments up to a maximum amount determined by us, the merchant, or your digital wallet provider.

Digital wallet services are not provided by us. Your use of your digital wallet is governed by your agreement with your digital wallet service provider. Your digital wallet service provider is responsible for the performance of your digital wallet. We are not responsible for any problems you may experience with your digital wallet, including your failure or your inability to make a purchase with the digital wallet or refusal of a merchant to accept payment from your digital wallet. The collection, use, or disclosure of your personal information by your digital wallet service provider is not managed, controlled, or overseen by us, and we are not responsible for the security of information transmitted by your Mobile Device or your digital wallet service provider. Personal information you provide to your digital wallet services provider is subject to your digital wallet service provider’s privacy policy and they are responsible for its security.

To add your Card to your digital wallet, in addition to the requirements of your digital wallet service provider, you must follow any additional instructions provided by us. You may only use digital wallets that have been approved by us, and in some circumstances, we may not allow your Card to be added to your digital wallet. We may terminate or suspend your use of your Card with your digital wallet for any reason at any time, without notice to you.

You are responsible for any service fees imposed by your digital wallet service provider, your phone company, or any other person, as well as our applicable services fees.

You must maintain the security of your Mobile Device by protecting it with a secure access code or biometric, by knowing its location at all times, and by keeping it up to date with the latest operating system software, security patches, and anti-virus and anti-spyware programs. You must only use the latest version of your digital wallet.

You must protect and keep confidential your user ID, passwords, and all other credentials you use to log into your Mobile Device, to use your digital wallet, and to make payments with your Card using your digital wallet. If you share these credentials with another person or you allow another person to have their own credentials to access your phone, then any payments made by that person will be paid from your Accounts, you are responsible for them to the same extent as transactions conducted by you, and you agree that we may charge them to your Account.

You must not use a digital wallet on a Mobile Device that you know, or suspect, has its security or integrity compromised (e.g., where your mobile phone has been “rooted”, “jailbroken”, or had its security mechanisms bypassed). If you do, then any payments made using that Mobile Device will be paid from your Accounts, you are responsible for them to the same extent as transactions conducted by you, and you agree that we may charge them to your Account.

You must delete your Card from your digital wallet if:

You stop using, upgrade, change, sell, give away, or otherwise dispose of your Mobile Device;
You temporarily give possession of your Mobile Device to any other person (including for repairs);
You terminate your digital wallet service;
You know or suspect that the security of your Mobile Device, Card, or digital wallet has been compromised creating risk of unauthorized access to your Accounts with us; or
We ask you to do so.

Using Deposit On-the-go

You may use the Deposit On-the-go feature in the Coast Mobile Banking app to deposit eligible paper cheques and bank drafts to an eligible Account using digital images. You must follow the instructions provided in the Coast Mobile Banking app to complete the deposit.

You may only use the Deposit On-the-go feature to deposit a cheque or bank draft that is payable to you directly, in Canadian dollars, drawn on a Canadian financial institution. You may not deposit cheques or bank drafts that are payable to someone else and endorsed to you using this feature. You will only deposit the cheque or bank draft to a Canadian dollar Account.

The cheque or bank draft must be in the standard format approved by Payments Canada. Your image must include all information we require including the date, drawee institution, payee, amount in words and figures, signature of the payor, cheque number, and magnetic ink character recognition information. All of the information must be legible in the image. You will only create images from the original cheque or bank draft.

You will not deposit a cheque or bank draft that is post-dated, older than six (6) months, altered in any way, or that has previously been deposited.

You will endorse the cheque or bank draft on the back before deposit.

Your cheque or bank draft is considered received by us when you receive a successful ‘deposit complete’ message. Funds will then appear in your Account, but the Hold Funds Policy may apply.You are responsible for any cheque you deposit, and cheques may be returned and debited to your Account.

When the deposit is completed, you will write “deposited” across the front of the cheque or bank draft. You will not attempt to redeposit or negotiate the cheque or bank draft. You will keep the cheque or bank draft for 90 days, and provide it or a replacement image to us if we ask for it. You will destroy the cheque or bank draft within 30 days after the 90 days period.

We may set limits on the number and amount of deposits, and we may change those limits, without notice.

Each cheque or bank draft is counted as one transaction. Service fees may apply. For details regarding fees, please review the Business Banking Guide or contact our Advice Centre (1-888-517-7000).

You are responsible for the security of your Mobile Device and for any unauthorized use of Deposit On-the-go by any person.

When you create an image using Deposit On-the-go, you are acting as our agent for the limited purpose of creating the image. As our agent, you have a strict legal obligation to create the image in accordance with our rules. You agree to act as our agent for this purpose only, and you will not delegate this role to anyone else. Any image that you create will be treated for legal purposes just as if we had created the image ourselves. Each image we accept will be treated as an eligible bill under the Bills of Exchange Act (Canada), as amended, restated, or replaced from time to time, and each image is subject to the applicable Payments Canada rules. Each image received by us will have the same effect as if the original cheque or bank draft was delivered to a branch for deposit. We may from, time to time, impose additional rules governing the cheques and bank drafts we accept, and your use of Deposit On-the-go.

We use Central 1 Credit Union (“Central 1”) as a service provider for Deposit On-the-go. You agree that Central 1 is entitled to the same protections from liability and limitations of liability as are provided to us and our other team members in this Agreement. You grant to us, and to our clearing agents and other team members (including Central 1), all consents and rights necessary to provide the Deposit On-the-go service, and to deposit and clear eligible cheques and bank drafts using the images and associated data (which may include your personal information).

We may, in our discretion, reject any item. For example, we may reject a cheque or bank draft if it was not eligible for deposit or if it might be returned by another financial institution due to poor image quality, insufficient funds, alteration, or other reasons. We may provide you with immediate credit, and attempt to collect payment on the cheque or bank draft. If the cheque or bank draft is returned to us unpaid, we may reverse the credit and any interest paid on that credit. If the deposit amount does not match the amount of the image, we may adjust your Account to reflect the amount on the image. You will be responsible for any costs to obtain a replacement cheque or bank draft, if required.

We are not responsible for any damages suffered by you or any other person resulting from a rejected or returned cheque or bank draft, the delayed or improper crediting of a cheque or bank draft, or inaccurate information you provide us regarding a cheque or bank draft.

We may suspend or terminate your use of Deposit On-the-go at any time, without notice.

Using Money Manager

Money Manager is a financial management service that helps you track your spending and savings habits and assists in budgeting. Money Manager is available in Coast Online Banking, Coast Online Banking for Small Business, and the Coast Mobile Banking app.

Opting in

You must enable Money Manager in Coast Online Banking, Coast Online Banking for Small Business, or Coast Mobile Banking before you can use the service. You may disable Money Manager at any time.

Your information

We work with MX Technologies Inc. (“MX”) to provide you with Money Manager as part of the services we provide with our Accounts. Once you enable Money Manager, we provide MX with information about your financial transactions, assets, and liabilities from your Accounts with us. If you choose to allow Money Manager to use similar information from your Accounts with other financial institutions, you may provide account numbers, usernames, passwords, and other credentials (“Account Credentials”) to MX through Money Manager, and MX and its service providers will use those Account Credentials to obtain information from your accounts with those other financial institutions and information about your dealings with and through those financial institutions.

MX has agreed to protect your information with the utmost of care and confidentiality, and to implement appropriate safeguards designed to help ensure the security and confidentiality of your information. MX will use your information to provide the Money Manager services to you. MX may also use your information for software optimization, improvement of the Money Manager services, database integrity, benchmarking against internal MX data or processes, and financial audits. MX has agreed not to use your information for any other purposes. In addition, we may use any information accessible to you, including information from your Accounts with other financial institutions, to provide the Money Manager services to you, to provide personal financial management services to you, to improve and develop our products and services, to conduct research and generate statistics related to our business, products, services and membership, and for other uses described in this Agreement and in our Privacy Policy

MX provides the Money Manager services from the United States, and your information will be processed and stored within the United States. Accordingly, MX and its service providers may be required to disclose information under the laws that apply in that jurisdiction.

Accounts with other financial institutions

You may choose to allow Money Manager to use financial information from your accounts with other financial institutions. You make this choice by providing Account Credentials in Money Manager.

If you choose to allow Money Manager to use financial information from your accounts with other financial institutions, then:

MX may use service providers to collect information from your accounts with other financial institutions. Your Account Credentials will be shared with MX and may be shared by MX with its service providers. MX or its service providers will use the Account Credentials to access information about your financial transactions, assets, and liabilities from your accounts with other financial institutions.
For Money Manager to function properly, you must provide accurate, current, and complete Account Credentials to us and MX, and you must keep your Account Credentials up to date. You confirm that you have the right to provide us and MX your Account Credentials. In particular, you confirm that your use of Money Manager is not contrary to any terms or conditions imposed by other financial institutions, from which you are providing your Account Credentials. Such other financial institutions may not have consented to, and may not have knowledge of, the access to their Accounts by us and MX. You agree to and are solely responsible for reviewing agreements you have with other financial institutions to determine if you are permitted to disclose the Account Credentials, what the consequences of such disclosure may be, and your liability in connections with such disclosure. By providing the Account Credentials, you are authorizing and instructing us, MX, and MX’s service providers to use the Account Credentials to access your accounts with those other financial institutions and to obtain, on your behalf, information about your financial transactions, assets, and liabilities from your accounts with those other financial institutions.
You are responsible for any fees that other financial institutions may charge you arising from your use of Money Manager.

Use of Money Manager

Money Manager provides a general overview of your finances and is not intended to serve as a substitute for financial advice from a professional. If you would like financial advice from a professional, please call our Advice Centre (1-888-517-7000) or visit any branch to find out how we can help.

Money Manager may not be supported by your other financial institutions; as a result, Money Manager is provided for information purposes only and may not reflect a complete record of your dealings with other financial institutions or your most recent transactions. We are not responsible for the timeliness, completeness, or accuracy of the financial information obtained from your other financial institutions by Money Manager. You are responsible for any decisions you make based on the information provided by Money Manager.

Disclaimers

While we and MX will make reasonable efforts to ensure Money Manager functions as intended, errors may occur. Money Manager may not always be available and may be modified or discontinued without prior notice to you. Neither we nor MX are responsible for any losses you may suffer as a result of Money Manager being unavailable.

TO THE EXTENT PERMITTED AT LAW, WE AND OUR TEAM MEMBERS (INCLUDING MX AND ITS SERVICE PROVIDERS) EACH DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. NEITHER WE NOR MX PROVIDE ANY WARRANTY THAT MONEY MANAGER WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT THE INFORMATION OBTAINED FROM MONEY MANAGER WILL BE ACCURATE OR RELIABLE.

WE AND OUR TEAM MEMBERS (INCLUDING MX AND ITS SERVICE PROVIDERS) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES SUFFERED BY YOU OR ANY OTHER PERSON, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR TORT DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON, ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE MONEY MANAGER; (B) YOUR USE OF ANY INFORMATION YOU RECEIVE THROUGH MONEY MANAGER; (C) ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, USE, OR DISCLOSURE OF, YOUR INFORMATION (INCLUDING YOUR ACCOUNT CREDENTIALS); (D) ANY OTHER MATTER ARISING FROM YOUR USE OF MONEY MANAGER; OR (E) THE SERVICES PROVIDED BY MX OR ITS SERVICE PROVIDERS TO US OR TO YOU WHICH ARE RELATED TO MONEY MANAGER, EVEN IF WE OR ANY OF OUR TEAM MEMBERS (INCLUDING MX OR ITS SERVICE PROVIDERS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU WILL PAY US FOR ANY LOSSES THAT MAY BE INCURRED BY US OR ANY OF OUR TEAM (INCLUDING MX OR ITS SERVICE PROVIDERS), INCLUDING ANY CLAIM BROUGHT BY ANY PERSON, IN CONNECTION WITH YOUR USE OF MONEY MANAGER, OR THE SERVICES PROVIDED BY MX OR ITS SERVICE PROVIDERS TO US OR TO YOU, WHICH ARE RELATED TO MONEY MANAGER, OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT.

Accounts of affiliates and third parties

You will not use E-services to conduct any transaction or provide any instruction for an account of an affiliate or a third party, unless you are authorized to do so by that affiliate or third party.

Cancellation of your Card or access to E-services

You may cancel your Card or your access to E-services by calling our Advice Centre (1-888-517-7000) or by visiting any branch. You must still fulfill all of your obligations under this Agreement.

WE MAY CANCEL OR SUSPEND YOUR CARD OR YOUR ACCESS TO E-SERVICES, WITHOUT NOTICE TO YOU. IF WE DO SO, YOU MUST STILL FULFILL ALL OF YOUR OBLIGATIONS UNDER THIS AGREEMENT. IF YOUR CARD IS CANCELLED OR YOUR ACCOUNTS ARE CLOSED, YOU WILL RETURN YOUR CARD TO US IF WE ASK YOU TO.

F - General

If you have a problem or concern

Tell us about your problem or concern in the way that is most convenient for you. You may contact a service representative by calling our Advice Centre (1-888-517-7000), by visiting any branch, or by using the e-mail form provided on our website.

You may find additional information on our complaints process, which is found by visiting our website, any branch, or by calling our Advice Centre (1-888-517-7000).

How we communicate with you

We may send any paper notice or other communication to the most recent mailing address shown in our records. If we send it by ordinary mail, you will be considered to have received it five (5) business days after the post-mark. If we deliver it by hand, you will be considered to have received it when delivered.

Under applicable law we require your consent to send you certain communications by electronic methods. We will not send you those communications by electronic methods unless you have signed or otherwise accepted our Consent to Electronic Delivery of Documents. If you consent and we send you a notice or other communication by electronic methods, then you will be considered to have received it when the electronic communication enters the information system designated by you in the Consent to Electronic Delivery of Documents, when it is posted on or made available through Coast Online Banking Platform or Coast Mobile Banking, or if we provide you with written notice, in paper or electronic form, of the availability and location of the electronic document.

You accept all risks associated with the communication methods used with your Accounts or our services, including the risks that the use of unsecure communication, such as, mail, courier, or unencrypted communications (e.g., non-secured dedicated or internet connections, fax, or unencrypted email) might not be secure, reliable, private, or confidential. You acknowledge and agree that if you choose to use, or instruct us to use, any means of any unsecure communication, that:

Security, privacy, and confidentiality cannot be ensured;
The communication is not reliable and may not be received by the intended recipient in a timely manner or at all; and
The communication could be subject to interception, loss, or alteration.

You assume full responsibility for the risks in connection with the communication, and we will not be responsible or liable in any way in connection with the communication, including without limitation any unauthorized access to, or interception, loss, or alteration of, the communication. If you communicate with us using an unsecure channel of communication, we may at our sole discretion choose not to act upon the content if we have doubts as to its authenticity. Notwithstanding, any electronic communication, including in any unsecure channel, that we receive from you or in your name will be considered authorized and binding upon you, and we will be authorized to rely and act upon it if we choose to. As a result:

We will be entitled to rely on any signature that appears to be your signature or the signature of your Signing Officers or Delegates;
You acknowledge that you must keep access to your means of electronic communication secure from any other person, including keeping passwords and other credentials confidential at all times; and
We will not be liable for any loss, damage, expense, or inconvenience that results.

You will keep all electronic communications for your records. You acknowledge that we are not obligated to maintain records of your electronic communications with us and that we may, periodically, dispose of these records in accordance with our policies and applicable laws.

You acknowledge that we do not need to constantly monitor our email or other electronic channels and will only be required to use reasonable efforts to determine if an electronic communication has been received.

We may change this Agreement

We may propose to change, either permanently or temporarily, any term of this Agreement or replace this Agreement with another agreement, at any time. We will give you notice of a proposed change and any other information required by law, at least 30 days before the change is to come into effect (as stated in the notice). We may give you notice of a proposed change by any method allowed by applicable law, including:

Providing a notice with your paper statement or eStatement;
Sending you a paper or electronic notice;
Posting a notice in our branches;
Displaying a notice at or near our ATMs; or
Posting a notice on our website.

You may refuse the change by closing your Accounts without cost within 30 days of the effective date of the change. If you do not close your Accounts, it means that you accept the changes. If you close your Accounts, you understand that you must pay us any fees, charges, or interest that you owe at the time you close your Accounts.

You can obtain a copy of the current version of this Agreement on our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch.

Services are “as is” and “as available”

SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR WHERE PROHIBITED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

Deposit Insurance

We are a member of the CDIC. Deposits made with us are eligible for CDIC protection up to $100,000, per insured category, per depositor, and provided such deposits are payable in Canada. To learn more, visit the CDIC’s website at www.cdic.ca or contact them directly at info@cdic.ca or 1-800-461-2342.

Our liability is limited

You agree that we will be liable to you only for your direct damages resulting from our gross negligence, fraud, or willful misconduct arising directly from our performance of our obligations under this Agreement or the services provided to you. We will not be liable to you for any other direct damages, and our aggregate liability to you for all claims arising out of or related to this Agreement or the services provided to you shall be limited to a maximum of $5,000.

We will not under any circumstances be liable to you for any other damages or losses suffered by you or any other person, including indirect, incidental, special, general, consequential, aggravated or punitive damages, loss of profits, loss of revenue, loss of business opportunities, inconvenience, claims of other persons, or any other foreseeable or unforeseeable losses resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of such damages or losses, or the damages or losses resulted from our gross negligence, fraud, or willful misconduct.

We will not under any circumstances be liable for direct damages or any other damages or losses suffered by you or any other person, where the damages or losses result from:

Our exercising any right we have under this Agreement, or our acting or failing to act on any instructions provided by you;
Any breach of this Agreement by you, your Signing Officers or Delegates, your employees or agents, or any other person for whom you are responsible;
Any inaccuracies in, or inadequacies of, any information or instructions provided to us by you, your Signing Officers or Delegates, your employees or agents, or any other person for whom you are responsible;
Any failure, error, malfunction, or unavailability of any system or equipment of any person;
Any failure, error, or delay in any service or the processing of any transaction;
Any act or failure to act by you, your Signing Officers or Delegates, your employees or agents, or any other person for whom you are responsible, or any third party;
Any forged or unauthorized instrument or otherwise unauthorized transaction, any forged or unauthorized signature, any material alteration on any instrument, instruction or document relating to a transaction, any counterfeit instrument, or any other fraud or unauthorized Account activity or use of our services;
The implementation of any transaction or any instruction where we have been provided with any Proof of Identity;
Your loss of any official cheque or other instrument provided to you by us;
Any dispute with any person relating to a claim for entitlement to funds in an Account;
Our decision to freeze an Account, or to hold funds, or to refuse or delay a transaction;
Our failure to perform any of our obligations due to any cause beyond our exclusive control; or
Any other circumstances where we have disclaimed liability or responsibility under this Agreement, or you have accepted a risk under this Agreement.

We will not under any circumstances be liable for direct damages or any other damages or losses suffered by you or any other person, where you could with reasonable diligence have obtained coverage for the damages or losses with a commercially available policy of insurance.

The limitations in this section apply to any act or omission by us or by any of Our Team members, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute, or any other doctrine of law.

You will pay any losses we incur

You will pay us for any losses that may be incurred by us or any of Our Team, including any claim brought by any person, that result directly or indirectly from this Agreement, the operation of your Accounts, the provision of any services to you, our acting or failing to act on your instructions, or any circumstances where we have disclaimed liability or responsibility under this Agreement or you have accepted a risk under this Agreement, except to the extent that the losses result directly from our gross negligence, fraud, or willful misconduct.

We may recover our costs and legal fees

You will pay us for any costs we incur to recover amounts that you owe us. These costs include legal fees on a solicitor and own client basis as well as reasonable counsel fees charged by our legal department.

We may set off your debts against your Accounts

We may apply a positive (credit) balance in any of your Accounts against any debt, obligation, or liability you may owe to us. We can set off these balances in any manner we consider necessary, and we are not required to give you notice before we do so.

All security held by us for any debt, obligation, or liability, whether now or in the future, is also security for any debt, obligation, or liability arising under this Agreement, from the operation of your Accounts, or from use of our services. We may apply such security to such debt, obligation, or liability, without notice.

How to serve documents on us, and how we may serve documents on you

Your “branch of account” may be identified in your Application, and it will be your branch of account for all subsequent Accounts opened by you under the same membership. If a branch of account is not identified in your Application, then we may designate the branch of account. For legal purposes, Accounts are considered to be maintained at the branch of account. Service on us of notices, demands, or legal documents must be made at the branch of account. You may find your branch of account on your paper statement or eStatement, through your Coast Online Banking Platform, by searching for your branch name to locate your branch on our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch.

We may serve you with any notice, demand, or legal document in any way that we are permitted to send you notices under “How we communicate with you” in section F-2, and the notice, demand, or legal document is deemed to have been served when we are entitled to consider that you have received it under that section.

Your, your Signing Officers’, and Delegates’ information

In this section F-11, “your information” means personal, financial, and other information about you, your affiliates, your Signing Officers, and Delegates that you provide to us or that we obtain from others, including through the services you use.

You consent to our collecting, using, and disclosing your information as described in this Agreement and our Privacy Policy. You continuously represent, warrant, and agree that your affiliates, Signing Officers, and Delegates have each consented to our collecting, using, and disclosing their information as described in this Agreement and our Privacy Policy. You will provide us with such documents as we may request from time to time to confirm their consents. Without limiting the foregoing, you consent and continuously represent, warrant, and agree that your affiliates, Signing Officers, and Delegates have each consented to collection and use of:

Information about and the identities of your Signing Officers and Delegates, including their names, titles and contact information;
Information about your ownership, control, and structure;
Information about your beneficial owners, including: if you are a corporation, the names of all directors and the names and addresses of all persons who own or control, directly or indirectly, 25 per cent or more of the shares of the corporation; if you are a trust, the names and addresses of all trustees and known beneficiaries and settlers of the trust; if you are an entity other than a corporation or trust, the names and addresses of all persons who own or control, directly or indirectly, 25 per cent or more of the entity; and
If you are a not-for-profit organization, whether you are a registered charity under the Income Tax Act (Canada), as amended, restated, or replaced from time to time, or an organization that solicits charitable donations from the public.

You may obtain a copy of our current Privacy Policy on our website, by calling our Advice Centre (1-888-517-7000), or by visiting any branch.

Our records are binding on you

In the absence of evidence to the contrary, our records are conclusive and binding on you for all purposes, and will be admissible in any legal, administrative, or other proceeding as if such records were original written documents. Our records will be conclusive proof of the information contained in such records, including information relating to transactions on your Accounts, any instructions or notices given by you, by your Signing Officers or Delegates or by us, your use of any Card, your use of any services, and the contents of any envelope deposited by you into an ATM or business depository. Any of our electronic records, including digitized versions of original written documents, will have the same legal effect as the original written documents. You will not dispute any records with us on the basis that they were signed, delivered, received, or entered into by electronic means.

We may pay into court

If there is a dispute or any uncertainty about who is entitled to the money in an Account or who is able to provide instructions on an Account, we are entitled to either apply to court for directions or to pay the money in the Account into court and be fully discharged. In either case, you will pay us any legal and other costs we incur.

You must notify us if you change your address, residency, tax residency, or United States person status

You must notify us immediately of any change to your mailing address. If you do not, your last known address will be your current address for any purpose under this Agreement. If we are unable to deliver any communication or any communication is returned, we may stop attempting to communicate with you until we receive accurate contact information.

You must notify us immediately of any change to your residency. If you are no longer a resident of Canada, we may close your Accounts and, whether or not we close your Accounts, you will immediately pay all amounts owing under this Agreement free and clear of all foreign taxes, holdbacks, and all withholding taxes.

You must provide us with updated information within 30 days of any change to your tax residency information or United States person status. You declare that the tax residency information and United States person status you provided to us (including any tax identification number) are, to the best of your knowledge and belief, correct and complete. Failure to provide satisfactory self-certification of tax residency or United States person status may result in your Account information being reported to the relevant tax authority and you may be subject to a penalty under the Income Tax Act (Canada), as amended, restated, or replaced from time to time.

Which laws govern this Agreement?

This Agreement is governed by the laws of the province of British Columbia and the laws of Canada applicable in British Columbia. The courts located in Vancouver, British Columbia will have exclusive jurisdiction in the event of any dispute relating to this Agreement.

You waive presentment, etc.

You waive presentment, protest, notice of protest, and notice of dishonour on all instruments.

Our name and trademarks

You will not make any public communication using our name or any of our trademarks, without our prior written consent.

How we interpret this Agreement

This Agreement should be read with all changes of number and gender that the context requires. The term “including” means “including, but not limited to”. The term “gross negligence” means conduct (whether through action or inaction) which is a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or so wanton and reckless as to constitute an utter disregard for harmful, foreseeable, and avoidable consequences. Headings are for convenience only and do not affect the interpretation of the rest of this Agreement. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Only an authorized Coast Capital officer can waive a term of this Agreement, and the waiver must be in writing. A failure by us to exercise, or a delay by us in exercising, any of our rights under this Agreement is not a waiver of our rights. A waiver of any right will not prevent us from exercising that right in the future. If we waive a breach of any term of this Agreement, we are not waiving any breach of any other term or any future breach of that term.

Assignment of this Agreement

This Agreement is binding on us and our successors and assigns. We may assign your Accounts, services, and this Agreement to any person without your consent. This Agreement is also binding on you, your successors, permitted assigns, and attorneys (and, if you are an individual, on your heirs and personal representatives - including your executors and administrators). You must obtain our written consent to assign this Agreement and any Account or service to another person.

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