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 Banking 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” means any and all EQ Bank online accounts;
“Account Agreement” means the EQ Bank Savings Plus Account Agreement;
“Agreement” means this EQ Bank Mobile and Online Banking Services Terms and Conditions;
“Alert Messages” means the automated security alert messages and opt-in alert messages that we may send to you securely to the Message Centre accessible within the Services or by regular email to your primary 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 (for example, certain personal computers, cellular phones, telephones, smart-phones, tablets or other similar devices;
“Electronic Identification” or “Login ID” means the email address (registered to your profile at time of application) and is used in combination with your password to sign on to our Services;
“Electronic Transactions” means transactions with respect to an Account, including deposits and withdrawals, (which include bill payments), transaction cancellation instructions, transfers (which include Interac e-Transfers®, Electronic Funds Transfers (EFTs) and EQ to EQ 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” means Equitable Bank;
“Interac® e-Transfer® Recipient” is the person who receives a transfer of funds via Interac® e-Transfer® for deposit;
“includes” or "including"means includes or including, as applicable, but not limited to;
“Instruction” means an instruction by you that is electronically communicated to us after electronic identification and/or security question authentication through our Mobile or Online Banking or Customer Care Centre;
“Message Center” means a secure messaging inbox, accessible through Online or Mobile Banking;
“Mobile Banking” means the mobile application, specifically designed by us or a Third Party Service Provider, through which you may sign on to the Services;
“Online Banking” means the Website through which you may sign on to the Services;
“Service(s)” means Mobile and Online Banking, which can be accessed by an Electronic Device;
“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 EQ Bank Account without permission, authorization or knowledge and where it can be established that you are a victim of fraud, theft or coercion.
“You” and “your” means holder of an EQ Bank Account.
Our Services, including your Account(s), may be accessed by the following methods:
- Online Banking or Mobile Banking; or
- Telephone or Live Chat when 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” on any 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 passwords;
- Maintaining no written record of your passwords;
- Avoid using passwords or codes which may be easy for someone to guess or which are directly associated with you;
- Avoid repeating passwords or codes;
- Take the steps required to safeguard your Electronic Identification. Ensure that all components of your Login ID remains confidential to you, including exercising caution when keying in or speaking using a telephone or electronic device; and
- Avoid sharing passwords included in your Electronic Identification 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.
Representatives are available to assist you 24 hours a day and 7 days a week. Contact Us for support.
EQ Bank offers you both automated security Alert Messages and opt-in Alert Messages. Alert Messages may be sent securely to the Message Centre accessible through our Mobile Banking or Online Banking applications or by regular email to your primary 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 for security reasons when particular changes to your Account are made. Changes may include password, or changes in your physical address or primary email address. 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.
In addition to the security Alert Messages, you may choose to receive opt-in Alert Messages regarding other account or banking activity, by email or text message. When you enable opt-in Alert Messages you will be asked to select your preferred alert method. By signing up to receive any opt-in Alert Messages, you consent to delivery of such alerts in the format selected (email or text) to the email address or mobile 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 Alert Messages, you must 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 posting a notice 30 days prior to deactivation via the Message Centre. 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 Alert Messages in a timely manner with accurate information. However, due to their nature, you understand and agree that email and text 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. Details contained in the Alert Messages as it relates to balances may not reflect pending transactions.
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.
The preferred Electronic Communication method will always be secure messages accessible after Electronic Identification through our Mobile Banking 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 Alert Messages and opt-in 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 as having 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.
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 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 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; if you lose your mobile device, and/or fail to disable Alert Messages or other notices sent to your mobile device from us.
Our Services shall not be used to communicate to others, to post on, or transmit, any materials, 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 Agreement will continue to apply in respect of your past access.
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 the EQ Bank Savings Plus 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.
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 this Website, 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.
The original version of this Agreement has been drafted in English. Any discrepancy or conflicts between the English version and the translated text, the English text shall prevail and should be used to resolve any doubts of interpretation.
Conflict of Terms
The terms and conditions for other Bank products and services remain in force except as expressly altered by this Agreement. 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.
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 ‘Liability of EQ Bank – General’ section above, this section governs our liability for Unauthorized Activity on your Account(s) using Mobile Banking 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 in any way prohibited under this Agreement including those outlined in the ‘Safeguarding Your Electronic Identification and Notifying EQ Bank’ section; or
- You consent to, contribute to or authorize a transaction in any way.
Your Mobile Banking and Online Banking sessions are secured to a minimum of 128-bit encryption, which is the financial services standard.
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 message, 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 helps 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.
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.
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 Banking and Online Banking applications may represent trade names, trade-marks or service marks of Equitable Bank and Equitable Group Inc., (or other) registered in Canada. The display of trademarks on this Website or on other Bank 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 this Website.
If you wish to include the EQ Bank name, or any of our product names, please Contact Us to obtain permission in advance.
Equitable Bank Marketing Names
EQ Bank is a trademark 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® and Mac® are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.
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 Inc., used under license.