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 * Consumers
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INTERAC E-TRANSFER TERMS OF USE



Last updated: August 7th, 2021


1.1 INTRODUCTION

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


1.2 DEFINITIONS:

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


1.3 THE INTERAC E-TRANSFER SERVICE:

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


1.4 PRIVACY:

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


 1.5 AGREEMENT TO TERMS AND CONDITIONS:

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

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


1.6 USE OF THE INTERAC E-TRANSFER SERVICE:

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

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

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

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

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

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

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


1.7 DISCLAIMERS:

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

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


1.8 ELIGIBILITY AND YOUR RESPONSIBILITIES:

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

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

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

d) Intellectual Property:

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

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

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

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


1.9 ELECTRONIC COMMUNICATIONS:

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


1.10 PASSWORDS:

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


1.11 SENDING AND RECEIVING TRANSACTION LIMITS:

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


1.12 RECORDS OF TRANSACTIONS:

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


1.13 FUNDS DELIVERY TIME:

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


1.14 LIMITATION OF LIABILITY:

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


1.15 TERMINATION:

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


1.16 SEVERABILITY:

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


1.17 WAIVER:

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


1.18 ENTIRE AGREEMENT:

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


1.19 ASSIGNMENT:

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


1.20 JURISDICTION:

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


1.21 LINKS:

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


1.22 COMPLAINTS OR DISPUTES:

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

Complaints and Disputes – Interac e-Transfer

Interac Corp.

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

200 Bay Street, Suite 2400

Toronto, Ontario M5J 2J1

Canada

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

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

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


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