Legal Information

Concentra Financial - Internet and Telephone Banking Agreement

Important: Please read this entire Agreement before you use the MemberDirect® Services. This Agreement contains provisions that limit or exclude our liability to you. By accessing or attempting to access MemberDirect® Services the Client acknowledges and agrees to fulfill the obligations hereunder and to be bound by the term of this Agreement.

In exchange for Concentra Financial permitting the Client to use the MemberDirect® Services, the Client agrees as follows:

1. Definitions

"Account" means any account under any membership held by the Client with Concentra Financial;

"Client", "you" or "your" means a Credit Union enrolled to access MemberDirect®;

"MemberDirect®" means all of the services available through the use of the PAC in combination with the Software and Equipment, currently known as MemberDirect®;

"Equipment" means the equipment, such as a personal computer equipment which when, used in combination with the Software and the PAC, permit access to the MemberDirect® Services;

"PAC" means the personal access code selected by the Client for the Client's use, which, when used with the Software and Equipment, permits access to the MemberDirect® Services;

"Signing Authority" means any person authorized by the Client to access MemberDirect®;

"Software" means the MemberDirect® computer software which in combination with the Equipment and the PAC permit access to the MemberDirect® Services, and includes all upgrades, revisions, releases and new versions of such computer software;

"Transaction" means any transaction performed using any of the MemberDirect® Services;

2. Use of MemberDirect® Services

The Client may use the MemberDirect® Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the MemberDirect® Services, the Client 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 Client agrees to follow the instructions of Concentra Financial in effect from time to time with respect to the use of the MemberDirect® Services.

When a PAC 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 Client in person, and the Client agrees to be bound by each such Transaction. The Client irrevocably authorizes and directs Concentra Financial to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Client at the time of the Transaction, in accordance with the normal practices of Concentra Financial. Practices respecting the debiting or crediting of any Transaction under any of the MemberDirect® Services may be revised from time to time by Concentra Financial with or without notice to the Client.

The Client 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 Client will indemnify Concentra Financial for all liability or loss arising out of any such Transaction.

3. Limitations

The Client agrees that the MemberDirect® Services will be available only on an "as is" and "as available" basis.

Concentra Financial offers the MemberDirect® Services in order to improve the accessibility of Concentra Financial to its Clients. However, the provision of MemberDirect® Services is dependent in part on communication lines and other third party equipment and services. The Client agrees the credit union will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever.

Regardless of anything else in this Agreement, under no circumstances will Concentra Financial, its directors, officers, employees, agents, representatives or service providers be liable to the Client or any other person for any (i) indirect, special or consequential damages; (ii) damages resulting from business interruption; (iii) loss of profit, opportunity, reputation, revenue or goodwill, or any other commercial or economic loss whatsoever; (iv) loss of data or information; (v) personal injury, or property damage; or (vi) punitive damages.

4. Confidentiality of PAC

The PAC is for the Client's use alone and may not be assigned or transferred. The Client agrees to keep the PAC confidential and not to disclose it to any person other than to a Signing Authority on the Account. The Client agrees not to record the PAC 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, Concentra Financial recommends that each Client change the Client's PAC on a regular basis, such as every 90 to 120 days. If the PAC becomes known to other than a Signing Authority on the Account, confidential information about the Client's Account may be accessed.

5. Transaction verification and records

All Transactions are subject to verification and acceptance by Concentra Financial, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Client authorized the Transaction, which may affect the Transaction date.

The Client is responsible for ensuring that any instructions regarding the Accounts and that the input of data with respect to any Transaction is true, complete and accurate and agrees that Concentra Financial may rely on such instructions and data. The Client agrees to carefully review the data entered and the Transaction records and notify Concentra Financial, in writing, of any suspected error or omission immediately upon becoming aware of the error or omission and in any event, within the time provided in the Financial Services Agreement.

Records of each Transaction kept by Concentra Financial, and the accounting records of Concentra Financial, will be deemed to be correct, and will be conclusive and binding upon the Client. Any record of a Transaction generated by the Software will be for the Client's convenience only. If the Client believes that the records of Concentra Financial contain an error or omission, the Client must give written notice of the suspected error or omission to Concentra Financial within the time provided in the Financial Services Agreement between the Client and Concentra Financial for the relevant Account or Accounts.

If Concentra Financial does make an error or omission for any reason, with respect to the recording of any transaction, the liability of Concentra Financial will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to the Client by Concentra Financial. Specifically, the Client agrees that Concentra Financial will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.

6. Service Fees

Concentra Financial will establish service fees for use of the MemberDirect® Services and/or for conducting Transactions and may change these service fees from time to time. The Client authorizes Concentra Financial to deduct any applicable service fees from any Account.

7. Transaction Processing

When the PAC is used by the Client to conduct a Transaction by accessing the MemberDirect® Services the Client may not revoke or stop any such Transaction once the Transaction request has been processed.

8. Software License

If the Client wishes to use the MemberDirect® Services, the Client must obtain a copy of the Software from Concentra Financial, the website of Concentra Financial, or its agent. Concentra Financial grants the Client a license to use one copy of the Software in computer-readable form only. The Client will use the Software only for the purposes of using the MemberDirect® Services to access any Account and to request Transactions. The Client agrees to keep the Software confidential and not to use it or disclose it except for the purposes set out in this Agreement. The Client will use the Software only in accordance with the instructions of Concentra Financial in effect from time to time, or with the Software and/or Equipment. The Client has no rights in or to the Software other than the limited license to use the Software as set out in this Agreement.

The Client agrees not to copy or modify the Software or to reverse engineer, decompile or disassemble the Software or try to do so. The Client will not assign, transfer, rent, loan or sell the Software to anyone. If Concentra Financial makes available a new version of the Software, Concentra Financial may not support the prior version of the Software, after 90 days from the newest release.

Concentra Financial makes no representations or warranties with respect to the software, which is provided "as is". The Client waives and Concentra Financial disclaims all warranties and conditions express or implied with respect to the Software and its use by the Client, including without limitation any warranty or condition of merchantable quality, durability, performance, title or fitness for a particular purpose.

9. Client's Liability

The Client agrees to notify Concentra Financial immediately, in writing, if their PAC becomes known or is suspected of having become known to anyone other than the Client.

The Client is liable for all unauthorized use of the PAC until such notification is made and acknowledged, in writing, by Concentra Financial. Until the receives acknowledgement from Concentra Financial, notification is not deemed to be received by Concentra Financial.

10. Termination

Concentra Financial may at any time without notice withdraw permission to use any of the MemberDirect® Services, or cancel or alter any of the MemberDirect® Services without being liable for any loss resulting from such action. If Concentra Financial withdraws permission to use the MemberDirect® Services, or if the Client no longer wishes to use the MemberDirect® Services, the Client will immediately return to Concentra Financial the Software and any Equipment provided to the Client by or on behalf of Concentra Financial. The Software license granted in this Agreement will be terminated effective upon the withdrawal of the MemberDirect® Services by Concentra Financial. The termination of MemberDirect® Services for any reason will not relieve the Client of any obligations under this Agreement with respect to the MemberDirect® Services.

11. Changes to Agreement

Concentra Financial can add to or change the terms and conditions of this Agreement from time to time, but Concentra Financial will give at least 30 days notice of any such additional or amended terms and conditions. The 30-day notice will run from the date a notice is mailed or is first displayed at the branch or on sign-on screen. If the Client continues to use any of the MemberDirect® Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Client will be deemed to have accepted such additional or amended terms or conditions.

12. Other Agreements

The terms and conditions of the Financial Services Agreement with Concentra Financial and any other conditions or agreements between the Client and Concentra Financial 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 with the exception that the Financial Services Agreement between the Client and Concentra Financial will prevail over this Agreement.

13. Acceptance

By accessing or attempting to access any MemberDirect® Services and/or by signing or otherwise accepting an electronic or paper copy of this Agreement, the Client acknowledges and agrees that the Client and any designated Signing Authority(s) has read and understood the terms of this Agreement and understands the nature and scope of the obligations set out herein and agrees to be bound by each and every term of this Agreement.

The use of MemberDirect® Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.

14. General

If the Client 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 MemberDirect® Services with respect to that Account.

15. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein.

16. Severability

If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect.

17. Enurement

This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors, personal representatives, executors and assigns, as the case may be.