EQ Bank Mobile and Online Banking Terms and Conditions

These terms and conditions form part of our Agreement with you and are intended to cover your use of EQ Bank’s Mobile and Online Banking services.

These terms and conditions become effective as soon as you sign up for our Services. You accept that these terms and conditions act as written documents and have the same legal result as if you had signed your signature and provided paper versions of your acceptance to us. You are legally bound by these terms which will apply every time you use these Services.

It is important to follow the terms and conditions as failure to comply may affect your access to the Services.

Definitions in This Agreement

“Account” and “Bank Account” mean any and all EQ Bank online accounts;

“Account Agreement” means the EQ Bank Personal Account between you and us;

“Agreement” means these EQ Bank Mobile and Online Banking Terms and Conditions;

“Alert Messages” means the automated security alert messages, opt-in alert messages and low balance alert messages that we may send you securely through the Message Centre, by regular email to your email address, or by text (SMS) message to your mobile phone number;

“Electronic Communication” means any communication by telephone, email, Message Centre, text (SMS), social media, chat, fax, or other method of telecommunication or electronic transmission;

“Electronic Device” means any electronic device that we allow you to use to access our Services such as a personal computer, cellular phone, telephone, smart phone, tablet or other similar device;

“Electronic Identification” or “Login ID” mean the email address you used when creating your profile at time of application. It is used in combination with your Password to access the Services;

“Electronic Transactions” means transactions with respect to an Account, including deposits and withdrawals, which include electronic funds transfers (including transfers between your EQ Bank accounts or transfers between your linked external accounts at other financial institutions) or payments (including bill payments and preauthorized debits), transaction cancellation Instructions, Interac e-Transfers^®, and other transactions with respect to an Account that we may permit through our Services;

“EQ Bank”, “the Bank”, “Bank”, “our”, “we” or “us” mean Equitable Bank;

“Interac e-Transfer^® Recipient” means the person who receives a transfer of funds via Interac e-Transfer^® for deposit;

“including” means including but not limited to;

“Instruction” means an instruction by you that is electronically communicated to us after you have been identified electronically and/or authenticated by answering security questions through Mobile Banking, Online Banking or telephone;

“Message Center” means a secure messaging inbox, accessible through Online Banking or Mobile Banking;

“Mobile Banking” means the mobile application, specifically designed by EQ Bank or a Third Party Service Provider, through which you may sign on to the Services for use through an Electronic Device;

“Password” means the confidential combination of letters, numbers and/or symbols you select to identify yourself that must be provided when accessing the Services. Where we permit, your Password may be substituted with another unique identifier, such as your fingerprint. Such substitution may be subject to additional terms and conditions;

“Online Banking” means the Website through which you may sign on to the Services;

“Service(s)” means the EQ Bank Services which can be accessed by an Electronic Device via the Website, Mobile Banking or Online Banking and via telephone;

“Third Party Service Provider” means a party retained by us to act on our behalf to provide or to assist us in providing our Services;

“Unauthorized Activity” means a transaction that was carried out in your Bank Account without permission, authorization or knowledge and where it can be established that you are a victim of fraud, theft or coercion;

“Website” means eqbank.ca; and

“You”, “your”, “account holder” and “Client” refers to you as an owner of an Account.

Access

Our Services, including your Account(s), may be accessed by the following methods:

Online Banking or Mobile Banking; or
Telephone by speaking with a Customer Care Agent.

All transactions performed by you in connection with your Account(s) operate under the applicable Account Agreement along with any other agreement or terms and conditions specified by us.

Electronic Identification (Login ID and Password)

An Electronic Identification is required to access our Services. Your Electronic Identification will consist of the following:

Your email address which will be used as the Login ID; and
Your Password

For information on our security measures such as One-Time Passwords and the use of security questions, please refer to the ‘Security’ section below.

By using your Electronic Identification, you acknowledge that pages accessed by you are written documents and that “clicking” any on screen buttons stating “OK”, “I Accept”, “proceed”, “continue”, “approve” or buttons with similar intent has the same legal result as if you had signed your signature and provided paper versions of your consent to us with the intent to be legally bound.

You acknowledge and understand that we are under no obligation to confirm the identity or authority of anyone using your Electronic Identification unless you have informed us of any issues with your Electronic Identification in advance.

Safeguarding Your Electronic Identification and Notifying EQ Bank

You agree to keep your Electronic Identification and security questions and answers absolutely confidential, and for your use alone. You will not disclose to others (including a close family member, friend, or public official) what your Electronic Identification or security questions or answers are.

You are responsible for the safekeeping of your Electronic Identification and all components thereof to prevent unauthorized use. This includes:

memorizing your Password;
maintaining no written record of your Password;
avoiding a Password which may be easy for someone to guess or which is directly associated with you;
avoiding a Password which repeats or which you have previously used in another context;
taking the steps necessary to safeguard your Electronic Identification to ensure that all components of your Login ID remain confidential to you, including exercising caution when keying in or speaking at a telephone or Electronic Device; and
not sharing your Password with others.

You must notify us by telephone immediately of learning of any of the following:

your Electronic Identification was disclosed to, or obtained by, anyone else or may be known by anyone else;
that Unauthorized Activity of our Services may be occurring or has occurred; or
the loss, theft, or misuse of a mobile device that you registered with us for the Services.

If you choose to access our Services from your mobile device it is your responsibility to determine with your wireless carrier if your mobile device is capable of accessing the Internet and accessing your Account.

Our Customer Care Agents are available from 8 AM to midnight, Eastern Time, 7 days a week. Contact Us for support.

Alert Messages

EQ Bank offers you automated security, opt-in and low balance Alert Messages. Alert Messages may be sent securely to the Message Centre accessible through our Mobile or Online Banking applications, by regular email to your email address, or by text (SMS) message to your mobile phone number. You understand that messages exchanged with us may be subject to standard data and text messaging fees charged by your mobile service provider.

Security Alert Messages may be sent automatically when particular changes to your account are made. This may include changes to your Password, changes in your physical address or email address, and certain information about transactions. Because security Alert Messages are for your protection and are a key part of Mobile Banking and Online Banking, you cannot opt-out of receiving security Alert Messages. You consent to the delivery of security Alert Messages by the method chosen by us, including email or text (SMS) message, to the email address or phone number you have provided.

In addition to security Alert Messages, you may choose to receive opt-in Alert Messages regarding other account or banking activity, which Alert Messages will be delivered by email or text (SMS) message. When you enable opt-in Alert Messages, you will be asked to select your preferred alert method. EQ Bank reserves the right to send you Alert Messages via email, regardless of the preferred method selected. By signing up to receive opt-in Alert Messages via email, you consent to the delivery of such alerts by email to the email address you have provided. By signing up to receive opt-in Alert Messages, you consent to the delivery of such alerts by either email or text (SMS) message, or both, to the email address or phone number you have provided.

You may receive an electronic alert when the balance of your Account falls below $100 in the currency of your Account(s), or other amount specified by you. You will be automatically enrolled in this alert when you open a new Account and can opt out at any time. You consent to the delivery of low balance Alert Messages by the method chosen by us, including email or text (SMS) message, to the email address or phone number you have provided.

You are responsible for updating your profile with any changes to your email or mobile phone number to which Alert Messages are sent. To stop receiving opt-in or low balance Alert Messages, you can log into Mobile Banking or Online Banking and change your selection from the ‘Alerts’ page.

Occasionally we may add new Alert Messages without prior notice to you, or may discontinue existing Alert Messages by providing notice 30 days prior to deactivation.

You are responsible for ensuring that no unauthorized persons gain access to your Alert Messages once you have received them.

You hereby acknowledge and accept that Alert Messages are sent to you without being encrypted. Although Bank Account numbers are concealed, transaction and/or Account information may be included in the Alert Messages, and therefore you are responsible for ensuring your personal information is kept confidential, including all security access codes, and that your device is password protected. You are responsible for anyone using your mobile device.

You are responsible for disabling any and all Alert Messages sent to your mobile device from us, if i) you stop using a particular mobile device, ii) if you lose your mobile device, or it is stolen or iii) if you wish to discontinue receiving opt-in Alert Messages pertaining to your banking activity.

We endeavor to provide email and text (SMS) Alert Messages in a timely manner with accurate information. However, due to their nature, you understand and agree that email and text (SMS) messages may become lost, intercepted, reviewed or altered by others and therefore we will not guarantee the delivery or accuracy of the contents of these types of Alert Messages. You further acknowledge that details contained in Alert Messages may not reflect pending transactions and that, where Alert Messages relate to an Account held jointly by you with others, account holders may receive Alert Messages at different times and, in certain cases, reflecting different information.

If you require additional details about a transaction, up to date transaction information is available via Mobile Banking or Online Banking and can be verified by logging in.

Electronic Communications

The preferred Electronic Communication method will always be secure messages accessible after Electronic Identification through our mobile and online banking applications. This ensures secure communication between EQ Bank and you about your Accounts. See the Consent for Delivery of Electronic Documents found in your Account Agreement for further information.

EQ Bank will also send you security, opt-in and low balance Alert Messages, notifications or other communications by email or text (SMS). Any unprotected email communication over the Internet, as with communication via any other medium (mobile phones, standard mail), is subject to possible interception or loss, and is also subject to possible alteration.

Given that email is not a secure medium for conduction banking transactions, we strongly recommend that you never send your Bank Account number by email to anyone. We will not be responsible for any losses resulting from your transaction requests made via email.

Communicating with You

We will never send you an email or text (SMS) message asking you to provide your Login ID, Password, or Account number. However, we may contact you from time to time to discuss your Account and will always first confirm your identity before any Account information is reviewed. You should always avoid sharing personal or confidential information, including your Login ID and Password, with anyone who contacts you.

Communicating with Us

We will consider any Electronic Communication received from you or in your name through electronic channels to be duly authorized by you, and will have the same legal effect as if you had signed your signature and provided paper versions. You agree that copies of your Electronic Communications with us may be used as evidence in case of dispute.

Instructions

You acknowledge that each Instruction that you provide to us via Electronic Communication is final. You agree that we may rely on your Instructions as if you had provided us with a paper copy of them. You agree that you will be liable for the Electronic Transactions that are conducted on your Instructions, and any losses that may arise from these transactions. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete.

You agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal purpose. We will not be liable if we decline to act on an Instruction in these circumstances.

Monitoring and Recording Communications

However initiated, you agree that we will record telephone calls and retain records of Electronic Communication (e.g., telephone discussions, email conversations, text messages, online chats) to ensure service accuracy, for security, for training purposes, for our mutual protection, and to enhance our customer service.

Use of Information/Accuracy

Although we do our best to ensure that Mobile Banking, Online Banking, and our Website are always accessible, functioning properly, and contain accurate and up to date information, we are supplying it on an “as is” basis, without warranty of any kind, either express or implied. We cannot and do not promise that the Services or Website will always be available and meet your needs, that access will never be uninterrupted, that there will never be delays, failures, errors, or omissions or loss of transmitted information, that the software we use will be compatible with your system, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your own computer system.

We reserve the right to change the information, material and content found in the pages of the Website, at any time, and without prior notice. You agree to review these terms periodically, and your continued use of the Services will tell us that you have agreed to the changes.

We endeavour to keep interest rates up to date, however, rates are subject to change without notice and the Website may not immediately reflect these changes.

Changes to this Agreement

Changes to this Agreement may be made by us at any time, without prior notice unless advance notice is required by law. When changes are made, notice of the change will be posted on the Message Centre or on the Website. Your use of our Online Banking or Mobile Banking services after we post the notice means that you agree to and accept this Agreement as amended. If you do not agree to a change in this Agreement, you must notify us and immediately stop using the Services.

Changes to the Services

You acknowledge that we can add, remove, or change any part or feature of the Services, including Mobile Banking, Online Banking and the Website, without giving prior notice to you.

Not Offering any Financial Advice Specific to Your Needs

The information contained in the pages of the Website or Online Banking or Mobile Banking is of a general nature only and is not intended to provide specific financial, tax, legal or accounting advice for you. You should not act or rely on the information without first seeking the advice of professionals who can properly assess whether or not it applies to your own situation.

Governing Law and Jurisdiction

The laws of Ontario and the laws of Canada applicable in Ontario, excluding any rule or principle of conflicts of law that may provide otherwise, govern this Agreement. You hereby irrevocably submit to and the jurisdiction of the courts of Ontario in the event of any dispute relating to this Agreement.

Liability of EQ Bank - General

EQ Bank will only be liable to you for direct damages resulting from any fraud, gross negligence or willful misconduct on the part of EQ Bank arising directly from the performance of EQ Bank and its responsibilities under its agreement with you.

EQ Bank will not be responsible for any direct, indirect, special, punitive or consequential damages however caused, arising out of your use of the Services including damages resulting from or related to the installation, use, or maintenance of personal computer, equipment, software, or if there is a reduced level or failure to provide any service caused by any Third Party Service Provider that we may make available such as any communication networks. EQ Bank shall not be liable for any third-party claims or losses of any nature, including lost profits, punitive or consequential damages.

EQ Bank will not be accountable for any loss or damages you may suffer if you fail to protect your Electronic Identification (Login ID and Password), your mobile device, and your personal information, lose your mobile device, and/or fail to disable Alert Messages or other notices sent to your mobile device from us.

Unlawful Behaviour

Our Services shall not be used to communicate to others, to post on, or transmit, any material, information, or communication that is, or may reasonably be considered to be, defamatory, profane, obscene, pornographic, libelous, hateful, discriminatory or offensive, unlawfully threatening or unlawfully harassing to any individual. Behaviour that would be considered a criminal offence, that would give rise to civil liability, or would otherwise violate any law or regulation is strictly prohibited. EQ Bank and all parties involved in creating, producing or delivering our Services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above noted matters.

Withdrawal of Access

We may terminate this Agreement with you or withdraw access to Mobile Banking or Online Banking at any time, without notice to you, in which case this Account will continue to apply in respect of your past access.

Legal Disclaimer

All products and services offered by EQ Bank are only offered in jurisdictions where they may be lawfully offered for sale. For specific product terms, such as for the EQ Bank Personal Account, please refer to the various documents specific to your Account for further information. The terms and conditions contained in those additional documents, along with any other terms and conditions which may in the future exist between you and us shall remain in full force and effect and shall apply to the relevant product or service.

No Endorsements

Links to websites outside EQ Bank are meant for convenience only. No endorsement or approval of any third parties (other than persons or entities with which EQ Bank has a distribution arrangement to provide products and services to its network of members), or their advice, opinions, information, products or services, is expressed or implied by any information contained on the pages of the Website or Online Banking or Mobile Banking, including links to their own websites. If you use the links to access other Internet resources or websites, you do so at your own risk.

Language

For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.

Conflict of Terms

The terms and conditions for other Bank products and services remain in force except as expressly altered by these terms. Notwithstanding the foregoing, if there is any conflict or inconsistency between this Agreement and the Account Agreement, the Account Agreement will prevail and the parties shall take any necessary steps to conform the inconsistent terms to the terms of the Account Agreement.

Security

At EQ Bank, the safeguarding of your information is always top of mind, which is why we offer robust security features that are continuously being monitored and improved. Strict Password requirements, device recognition and the use of security questions and of One-Time Passwords (OTP) are just a few examples of how serious we are when it comes to protecting you. See our EQ Bank Mobile and Online Banking Security Guarantee for further details.

Liabilities for Unauthorized Activity – Mobile and Online Banking Security Guarantee

Notwithstanding the ‘Liabilities for EQ Bank – General’ section above, this section governs our liability for Unauthorized Activity on your Account(s) using Mobile and Online Banking.

Our Responsibility: Subject to the ‘Your Responsibility‘ section below and as otherwise set out in this Agreement, we will reimburse you for monetary losses to your Account(s) resulting directly from the Unauthorized Activity on your Account(s).

This means that a transaction is not considered to be an Unauthorized Activity if you engage in any of the actions listed in ‘Your Responsibility’ below. In addition, in no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.

Your Responsibility: We are not responsible for and we will not reimburse you for losses to your Account(s) if:

You do not comply with any of your obligations under this section, and under this Agreement including those in the ‘Safeguarding Your Electronic Identification and Notifying EQ Bank’ section above or you do not comply with any instructions we may provide to you in connection with Mobile Banking and Online Banking;
You engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to Mobile Banking and Online Banking;
You access Mobile Banking or Online Banking via an Electronic Device that you know or reasonably should know contains software that has the ability to reveal to anyone, or to otherwise compromise, any of your Electronic Identification, security questions or an Interac e-Transfer^® security question and answer;
You access Mobile Banking or Online Banking via an unsecure connection;
You carry out a transaction, including if the transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us;
You choose to share any of your Electronic Identification or security questions under this section and under this Agreement including those in the ‘Safeguarding Your Electronic Identification and Notifying EQ Bank’ section; or
You consent to, contribute to or authorize a transaction in any way.

Encryption

Your Mobile Banking and Online Banking sessions are secured to a minimum of 128 bit encryption, which is the financial services standard.

Password Reset

If you have forgotten your Password, there is a Password reset feature available online. You will be asked a series of questions which will help us identify that it is really you and not someone pretending to be you. Once you have answered the questions correctly you will be able to reset your Password.

Computer or Device Usage

When you sign up for Mobile Banking and Online Banking your computer/device becomes registered to your profile. We recommend that you avoid logging in via computers or devices that can be accessed by the general public. If you try to login to your account with a new computer or device you will be asked one or more questions to help verify your identity in order to prevent unauthorized access to your Account and to maintain the integrity of confidential information.

One-Time Passwords (OTP) and Security Questions

An OTP is a unique code that is valid for a fixed period of time, it can only be used once, and is sent only to the email address or mobile number registered in your profile. On occasion, we may send you an OTP in order to complete the login process or certain banking transactions. The OTP will be sent to you via email or text (SMS), depending on your chosen method of delivery. The OTP will expire after a set period of time.

Security Questions provide an additional layer of security to help confirm your identity and minimizes the risk of unauthorized access to your personal and financial information. You will be asked to select your security questions and provide your answers as part of your profile setup. During the login process, or while performing certain transactions, you may be asked to answer security questions before proceeding.

These additional verification processes help us to ensure it is really you accessing your Account(s).

Using a new device to access your Account(s), processing large transactions, changing your personal information, resetting your Password, or adding an Interac e-Transfer^® recipient are a few examples of actions that may prompt the use of the OTP or Security Questions.

Beware of Phishing Scams

Phishing is the attempt to obtain sensitive information such as your usernames, passwords, and account information via Electronic Communication from people pretending to be trustworthy source. You should always be aware of Electronic Communications that ask you to provide confidential information, and do not click links in emails or text messages you do not trust.

Session Timeout

A session timeout is an important security control and is used for our mutual protection. We will automatically log you out of your banking session if it is left idle. You will then be redirected to the login page where you can sign in again.

Logging Out

You should always log out of your banking session when done by clicking the ‘Sign out’ link. Simply closing your browser window does not securely end your banking session.

Trademarks and Copyrights

Product names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Website or within our Mobile and Online Banking applications may represent trade names, trademarks or service marks of Equitable Bank and Equitable Group Inc., (or other) registered in Canada. The display of trademarks on the Website or on other Services does not suggest that a license has been granted unless specified otherwise by us.

All information found in the pages of the Website or within our Mobile Banking and Online Banking are protected under the copyright laws of Canada and in other countries. Unless otherwise specified by us, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of the Website or within our Mobile Banking and Online Banking.

If you wish to include the EQ Bank name, or any of our product names, please Contact Us to obtain permission in advance.

EQ Bank is a trade name of Equitable Bank, used under license.

Third party content such as words and symbols are trademarks and the property of the third parties listed below.

Apple, Mac, Touch ID, and Face ID are trademarks of Apple Inc.

Adobe, the Adobe logo, Acrobat, the Acrobat logo and Adobe Acrobat Reader are trademarks of Adobe Systems Incorporated.

Android™ - Android is a trademark of Google Inc.

Interac^® is a trademark of Interac Corp., used under license.