e-Caisse LEGAL AGREEMENT
In exchange for the Caisse, herein after referred to as "La Caisse populaire"
permitting the Member to use the e-Caisse Services, the Member agrees as follows:
means any account under any membership held by the Member with La Caisse populaire;
means all of the services available through the use of the PIN in combination
with the Personal Access code currently known as e-Caisse Internet Access;
means the equipment, such as a personal computer which when, used in combination
with the PIN, permit access to the e-Caisse Services;
means the personal identification number selected by the Member for the Member's
use, which, when used with Equipment, permits access to the e-Caisse Services;
means any person authorized to sign on an Account; and;
means any transaction performed using any of the e-Caisse Services.
2. USE OF e-Caisse SERVICES
The Member may use the e-Caisse Services to access any permitted Account and to
conduct Transactions as may be permitted with respect to any such Account. When
using the e-Caisse Services, the member will not be permitted to pay bills from,
or transfer funds out of any Account on which more than one signature is required
to authorize a transaction, unless prior authorization is received in writing from
all required signers. The Member agrees to follow the instructions of La Caisse
populaire in effect from time to time with respect to the use of the e-Caisse
When a PIN is used to conduct any Transaction, the authorization given at the
time of the Transaction will be treated as if it was given by the Member in person,
and the Member agrees to be bound by each such Transaction. The Member irrevocably
authorizes and directs La Caisse populaire to debit or credit, as the case may be,
the amount of any Transaction to the Account or Accounts designated by the Member
at the time of the Transaction, in accordance with La Caisse populaire's normal
practices. La Caisse populaire's practices respecting the debiting or crediting
of any Transaction under any of the e-Caisse Services may be revised from time
to time with or without notice to the Member.
The Member agrees not to conduct or try to conduct any Transaction that would
result in a negative balance in any Account or would exceed the unused balance
of any authorized overdraft or line of credit, if available. The Member will
indemnify La Caisse populaire for all liability or loss arising out of any
Transaction regardless whether Members or any third party conducted or tried to
conduct the Transaction. Members shall pay La Caisse populaire forthwith after
demand therefore any overdraft, indebtedness or liability in favour of La Caisse
populaire in connection with or arising out of any Transaction with interest on
any overdraft to be payable in accordance with the rate of interest changed by
La Caisse populaire on it's overdrafted accounts as it may set from time to time.
3. LIMITATION OF LIABILITY
The Member agrees that the e-Caisse Services will be available only on an "as is"
and "as available" basis.
CAISSE POPULAIRE, SHALL NOT BE LIABLE TO THE MEMBER OR ANY RELATED OR THIRD PARTY
BY REASON OF LOSS, LIABILITY OR CLAIM (OTHER THAN ANY LOSS, LIABILITY OR CLAIM
CAUSED BY CAISSE POPULAIRE,GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) ARISING OUT
OF (a) theft, loss or unauthorized use of the PIN; (b) any act or omission of
any service organization or agent; (c) any system failure, malfunction, delay or
failure to provide the e-Caisse service; (d) errors resulting from incorrect data
received by La Caisse populaire. IN NO EVENT SHALL CAISSE POPULAIRE BE LIABLE FOR
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF
PROFIT OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING OUT OF THE USE OF
Member agrees to indemnify and save harmless La Caisse populaire from all costs,
expenses, damages, claims and actions directly or indirectly incurred or suffered
by Caisse populaire, Member or any related party or third party as a result of
the use by Member of e-Caisse, including non-payment by Caisse populaire of any
item in accordance with instructions provided by member or other Signing Authority
except for damages suffered by reason of Caisse populaire's gross negligence or
willful misconduct. The above provisions shall remain in full force and effect
notwithstanding the termination of e-Caisse or the termination of this Agreement.
4. CONFIDENTIALITY OF PIN
The PIN is for the Member's use alone and may not be assigned or transferred.
The Member agrees to keep the PIN confidential and not to disclose it to any
person other than to a Signing Authority on the Account and shall notify such
other person who is a Signing Authority to keep the PIN confidential. The Member
agrees not to record the PIN in any manner or on any media, whether in writing or
otherwise, including without limitation in electronic form, or by voicemail or
e-mail. For security reasons, La Caisse populaire recommends that each Member
change the Member's PIN on a regular basis, such as every 90 to 120 days. If the
PIN becomes known to other than a Signing Authority on the Account, confidential
information about the Member's Account may be accessed.
5. TRANSACTION VERIFICATION AND RECORDS
All Transactions are subject to verification and acceptance by La Caisse populaire,
and if not accepted will be reversed from the Account. Verification may take
place on a date later than the date the Member authorized the Transaction, which
may affect the Transaction date.
La Caisse populaire's records of each Transaction, and La Caisse populaire's
accounting records, will be deemed to be correct, and will be conclusive and
binding upon the Member. Any record of Transaction generated by e-Caisse will be
for the Member's convenience only. If the Member believes that La Caisse
populaire's records contain an error or omission, the Member must give written
notice of the suspected error or omission to La Caisse populaire within the time
provided in the Member Application and Member Account Agreement and any agreement
which now exists or may in the future exist between La Caisse populaire and the
Member with respect to the operation of the Member's relevant Account or Accounts.
6. SERVICE FEES
La Caisse populaire may establish service fees for use of the e-Caisse Services
and/or for conducting Transactions and may change these service fees from time
to time. The Member authorizes La Caisse populaire to deduct any applicable
service fees from any Account.
7. TRANSACTION PROCESSING
When the PIN is used by the Member to conduct a Transaction by accessing the
e-Caisse Services the Member may not revoke or stop any such Transaction once
the Transaction request has been processed.
8. MEMBER'S LIABILITY
The Member agrees to notify La Caisse populaire immediately, in writing, if their
PIN becomes known to anyone other than the Member or any other Signing Authority
on the relevant Account or Accounts.
The Member is liable for all unauthorized use of the PIN until such notification
is made and acknowledged, by La Caisse populaire in writing. Until La Caisse
populaire's written acknowledgement is received by the Member, notification is
not deemed to be received by La Caisse populaire.
La Caisse populaire may at any time without notice withdraw permission to use
any of the e-Caisse Services, or cancel or alter any of the e-Caisse Services
without being liable for any loss, whatsoever arising from or resulting from
such action. The termination of e-Caisse Services for any reason will not relieve
the Member of any obligations under this Agreement with respect to the e-Caisse
10. CHANGES TO AGREEMENT
La Caisse populaire can add to or change the terms and conditions of this Agreement
from time to time, but La Caisse populaire will give at least 30 days notice of
any such additional or amended terms and conditions. The 30-day notice will
commence from the date a notice is mailed or is first displayed at the branch or
on sign-on screen. If the Member continues to use any of the e-Caisse Services
after the effective date of any additional or amended terms or conditions to this
Agreement, then the Member will be deemed to have accepted such additional or
amended terms or conditions.
11. OTHER AGREEMENTS
The terms and conditions of the Application for Membership with La Caisse populaire
and any other conditions or agreements which now or may in the future exist between
the Member and La Caisse populaire regarding any Accounts shall remain in full
force and effect and shall apply to each Transaction, except as expressly modified
by the terms of this Agreement. If there is a conflict between any provision of
any of these other agreements and this Agreement, this Agreement will prevail.
This Agreement may be executed electronically, and use of e-Caisse Services shall
be deemed to be acceptance of the terms and conditions hereof as of the date of
If the Member is the joint holder of an Account, then each joint holder of that
Account will be jointly and severally liable for all Transactions conducted using
the e-Caisse Services with respect to that Account.