
Cardholder and Electronic Financial Services Terms and Conditions
Access Card and Access Card Number:Throughout this Agreement, "Card" means the TD Canada Trust Access Card, TD Canada Trust Credit Card or any other card that is issued by us in your name, your attorney's name or signed by you or your attorney. "Card" includes the Card number or a combination of numbers and/or letters that we may allow you to select as your username, unless otherwise specified. This Agreement does not replace but is in addition to any other agreements you have with us.
We (The Toronto-Dominion Bank and its affiliates) own the Card and may cancel or suspend it without prior notice to you. | Use of your Card & PIN:"PIN" means your Personal Identification Number, EasyLine PhoneCode, EasyWeb password or any other number or word used with your Card. The Card and PIN are used to access the Electronic Financial Services described below and to identify you. You authorize us to accept, and you agree to be responsible for, any verbal or electronic instructions given by you through an Electronic Financial Service to the same extent as if you had given signed, written instructions to us. You may use your Card and PIN to access the following Electronic Financial Services: - Green Machine ATMs, other Interac and Plus Network ATMs.
- Point-Of-Sale (POS) debit card terminals such as Interac and NYCE Network terminals.
- EasyLine telephone banking service, which includes instructions given verbally or through the use of an interactive voice response system.
- EasyWeb online financial service.
- WebBroker online brokerage service.
- Mobile banking; or
- Any other electronic financial service, which we may offer to you to use with your Card and PIN.
| Use of Electronic Financial ServicesUse of your Card and any Electronic Financial Service will show that you have received, understood and agreed to this Agreement. You will use Electronic Financial Services in accordance with the terms in this Agreement or any other agreement applicable to the Electronic Financial Service or as we may otherwise communicate to you from time to time. You will not use Electronic Financial Services for illegal, fraudulent or defamatory purposes or take any steps which could undermine the security or integrity of any Electronic Financial Service, or cause harm to or threaten to harm any other user of Electronic Financial Services. For our mutual protection, we may record all telephone calls that relate to the use of or include instructions for using Electronic Financial Services.
| Accounts and Electronic Financial Services:You may choose which Electronic Financial Services you wish to access through your Card. You acknowledge that you may designate accounts you wish to link to your Card for access at ATMs and POS terminals, or through the EasyLine telephone banking service interactive voice response system. You further acknowledge that you may have access to all of your accounts by speaking to an EasyLine telephone banking specialist, or by logging on to EasyWeb online financial service or by visiting a branch. Where your account has overdraft protection, is a Line of Credit account, a credit card account, or is linked with another account having some or all of these features, you will have access to these features and the balances in those accounts through Electronic Financial Services.
| Limits:We may set limits for your use of Electronic Financial Services from time to time. Your daily and weekly ATM, POS and deposit hold limits are set out in the EasyAccess Customer Confirmation document that accompanied the Card issued to you. We may obtain information about you from third parties, including through a credit check, and verify information with them. This information will assist us in establishing your deposit hold limits for the Electronic Financial Services that you may use. You may obtain another copy of this document from us at any time by visiting a branch or by calling the EasyLine telephone banking service at 1-866-222-3456 for English, at 1-800-895-4463 for French, or at 1-800-361-1180 for TTY (Text Telephone). We may change these limits (dollar amount or otherwise), for transactions that may be carried out by you through Electronic Financial Services, from time to time without prior notice to you. It is your responsibility to check your limits from time to time through your branch or the EasyLine telephone banking service. When your initial Card is issued, when a replacement Card is provided or at any other time, you may request lower limits where those limits do not correspond to your daily or weekly usage expectations and present a level of unwanted risk or potential liability for you. | Selection of your PIN:(a) Customer Selected PIN: You may select a PIN for use at ATMs or POS terminals at any TD Canada Trust branch when your Card is issued, or at any other time. PIN length is determined by current market standard. When travelling outside Canada, you may wish to select a 4-digit PIN, as some foreign ATMs do not accept anything other than 4 digits. You will be issued a temporary PIN for some Electronic Financial Services when the service is set up for you. You will be prompted to change this PIN when you first use the service. (b) PIN Mailer: A system-generated PIN for ATM or POS terminal use may be provided by us for you if your Card is issued by the EasyLine telephone banking service or if you are unable to visit a branch. This PIN is generated in a secure environment and printed on a tamper-proof form so that when you open it, you will be the only person to have knowledge of this PIN. If you suspect that someone may know your PIN, you must immediately visit the nearest branch and change your PIN, or notify us by calling the EasyLine telephone banking service at one of the numbers provided in
section 5. | Card and PIN Security and Confidentiality:You are responsible for the care and control of your Card and PIN. You must keep your Card and PIN confidential and take every reasonable precaution to maintain them safely. This includes: - Keeping possession of your Card;
- Never keeping a written record of the PIN. Avoiding PIN combinations that may be easily determined by others such as your name, birthday, phone number, address, Social Insurance Number, etc.;
- Not disclosing your PIN voluntarily to anyone else at any time, including to a family member, friend, financial institution employee or law enforcement agency; and
- Taking all reasonable precautions to ensure that no one finds out your PIN while keying it in or logging into an Electronic Financial Service.
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| | Your Liability for Transactions:You are responsible for the full amount of all activity on your account completed through an Electronic Financial Service resulting from: - The use of your Card and/or PIN by you or any person to whom you have made the Card and/or PIN available where you have not been the victim of trickery, force, intimidation or theft;
- Your failure to notify us as soon as you become aware that your PIN may have become known to someone else or your Card has been lost, stolen or misused; and
- An entry error or a fraudulent or worthless deposit made through an Electronic Financial Service.
Your liability may exceed your account's credit balance or available funds if: - The account is a credit card account or a Line of Credit account, has overdraft protection, or is linked with another account having some or all of these features; or
- The transaction is completed on the basis of an entry error or a fraudulent or worthless deposit made through an Electronic Financial Service.
We will not hold you liable for transactions completed through an Electronic Financial Service where it can be shown that you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation provided you report the incident to us promptly and cooperate fully in any subsequent investigation. |
| | Our Liability:We are liable for: - Unauthorized transactions after you have notified us that your Card has been misused, lost or stolen or that the PIN security has been breached.
- Transactions completed through Cards that are forged, faulty, expired or cancelled.
- Fraudulent or negligent conduct by our employees or agents, companies involved in networking arrangements, merchants who are linked to the electronic funds transfer system or their employees or agents.
- Losses to your account resulting from any failure, error, malfunction or technical problem of our system or equipment.
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| | Resolving Disputes:We are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services purchased from merchants or others through an Electronic Financial Service. You will resolve the dispute directly with the merchant or others involved. If you have a problem regarding a transaction completed through an Electronic Financial Service that is posted to your account, speak to your branch, call the EasyLine telephone banking service at one of the numbers provided in section 5 to place a trace on the transaction. After you report an unauthorized transaction, we will make every attempt to resolve your issue within 10 business days. If required during investigation, you agree to provide a signed written statement, and if applicable, a signed written affidavit. (Note: This may result in a temporary suspension of the 10 day time limit, until the requested information is received.) If the problem is not resolved to your satisfaction, follow the process outlined in Section 23 "If You Have A Problem Or Concern". | Lost or Stolen Card or PIN:You will notify us immediately if: - Your Card is lost or stolen, or you suspect it is lost or stolen, or someone has used it other than yourself.
- Your PIN has become known to someone else, or you suspect it has become known to someone else.
You will not be liable for any transactions resulting from the loss or theft of your Card or compromise of your PIN that occur after the time you tell us about the loss, theft or compromise.
| Service Charges:We will charge our current service charges for the Electronic Financial Services used by you. Please see our service charge disclosure document, or other applicable agreement, for our current fees. You will pay the service charges of any other financial institution that are imposed as a result of any Electronic Financial Service that you may use. We may debit your account accessed through the Electronic Financial Service for any applicable service charges. If you don't have enough money in your account to cover the service charges, they may be charged to any other account you have with us, or your account may be overdrawn. Our service charges are subject to change from time to time.
| Electronic Payments:You are responsible for the accuracy of your electronic payment instructions, including the billing company paid, billing account number and payment amount. Depending on the type of payment, electronic payment instructions once sent may be final and irrevocable, so that funds sent in error may not be possible to retrieve. It is your responsibility to ensure that the biller, billing account number and personal payee information in your bill profile, and your personal information registered on our system, is accurate at all times. We can update your bill profile, including your billing account numbers and billers' names if informed of a change by the biller or if deemed necessary by us. It is your responsibility to ensure that sufficient funds are available in your account (or through overdraft protection linked to your account) as at the effective time of your payment - payment instructions will not be processed without sufficient funds. Postdated payments set up by you may not be processed for a number of reasons, including insufficient funds, inconsistency between the billing account number on your postdated payment and the billing account number registered on your bill profile at the time of processing the payment, and a change in status of your Card, the biller, or your bill profile. You recognize that different billers have different payment requirements and that you are responsible to know what your biller's payment requirements are. We may reject, cancel or return a payment to you that does not meet these requirements. In addition, you are responsible to ensure that your payments are requested so that there is sufficient time prior to their due date for them to be processed by us and by the biller. Payment instructions made by you after our daily cut-off time or on a non-business day will require extra time to reach the biller. You will promptly and carefully examine your account transaction information to ensure your electronic payments have been successfully and correctly processed and you will notify us within 30 days of the electronic payment date of any errors or discrepancies. If we don't receive notice from you within that 30-day period, you accept the transaction information as valid and correct. We are not responsible for any penalties, fees, interest, costs or damages imposed upon or suffered by you with respect to any payments or for our inability to retrieve electronic payments from third party accounts with us or from other financial institutions.
| Electronic Document Presentment:We are not responsible for the failure of any company to provide any document or bill electronically to you.
| Interac e-Transfer:To send an Interac e-Transfer, you must provide the recipient's email address, and a security question ("Security Question") that will be used to authenticate the recipient of the transfer. To receive an Interac e-Transfer, you must correctly answer the Security Question. You agree that, as a sender of an Interac e-Transfer, it is your responsibility to (a) provide the accurate email address of the recipient; (b) create an effective Security Question and answer that is known only to you and the recipient, and (c) not to use email or any optional message that may accompany the transfer to send the recipient the answer to the Security Question. As a recipient, you agree to keep the answer to the Security Question confidential at all times and to use it only as required to receive the transfer. We will be entitled to pay the transfer to anyone who claims it as the recipient and correctly answers the Security Question, whether or not that person is the person intended to receive the transfer. We will not be liable for losses incurred by you as a sender or recipient of an Interac
e-Transfer as a result of misuse, improper communication or disclosure of the answer to the Security Question.
| Transaction Records Activity:You will be offered a transaction record at ATMs and POS terminals for your convenience to enable you to check your account entries. You will be provided with an electronic verification number for other Electronic Financial Services. Our transaction records will be conclusive proof of use of your Card and Electronic Financial Service and will be considered your written request to perform the transaction. Even though you may be provided with a transaction record, electronic verification number or other confirmation, or interim statement, our verification and acceptance of all transactions will be considered correct and binding unless there is an obvious error. Transactions completed through an Electronic Financial Service may be credited or debited to the applicable account by us on a date determined by us. This date may be different than the date on which you used the Electronic Financial Service.
| Debit Card Code of Practice:We endorse the Canadian Code of Practice for Consumer Debit Card Services and commit to maintain or exceed the level of customer protection it establishes.
| Liability For Damages Limited:We will not be responsible or liable for any damage, loss or inconvenience you may incur if you are unable to access any Electronic Financial Service as a result of any failure, error or malfunction, even if the failure, error or malfunction was a result of our negligence or the negligence of our employees, agents or representatives.
| Your Right to Cancel Any Electronic Financial Service:Unless otherwise provided in this Agreement, any other agreement applicable to the Electronic Financial Service or agreed to by us, you may cancel any Electronic Financial Service by notifying your branch or contacting the EasyLine telephone banking service at one of the numbers provided in section 5. In all cases, you still must fulfill all your obligations under this Agreement or other applicable agreement.
| Our Right to Terminate This Agreement:We may cancel your Card or PIN, terminate this Agreement, or suspend or refuse to provide any Electronic Financial Service without notice to you. In all cases, you still must fulfill all of your obligations under this Agreement or other agreement applicable to the Electronic Financial Service. You are not relieved of your obligations until all amounts owed to us, including interest, service charges and costs, have been paid in full.
| Changing This Agreement and Our Service Charges:We may change the provisions of this Agreement and the charges for use of the Electronic Financial Services from time to time. We will notify you of any changes by either sending you notice (written or electronic) or posting a notice in all of our branches. If you keep a Card (including a renewal or replacement card) or use any Electronic Financial Service after we send or post a notice, you accept the changes as of the effective date set out in the notice.
| | Consent to the Collection, Use and/or Disclosure of Your Information:The word "Information" means personal, financial and other details about you that you provide to us and we obtain from others outside our organization, including through the products and services you use. You agree that, at the time you begin a relationship with us and during the course of our relationship, we may collect, use and disclose your Information as described in the Privacy provisions found in the Financial Services Terms and on td.com, including for, but not limited to, the purposes of: identifying you, providing ongoing service, understanding your financial needs, protecting us both from fraud and error, complying with legal and regulatory requirements, and marketing products and services to you by telephone, fax, and automatic dialing-announcing device, at the numbers you have provided us, or by internet, mail, email or other methods.
| If You Have a Problem or Concern:Tell us about your problem or concern in the way that is most convenient for you. You may contact a Customer Service Representative at your Branch, or Business Unit that handles your account, call us toll-free at 1-800-430-6095, contact us by mail at Customer Feedback, TD Centre, P.O. Box 193, Toronto, Ontario, M5K 1H6, by fax at 1-877-983-2932 or by email** at customerfeedback@td.com. As a next step, if your concern remains unresolved, the Manager will offer to elevate your problem to a representative of the Senior Management Office. Alternatively, if you prefer to elevate the problem yourself, you may contact the Manager, or one of our telephone banking specialists at the toll-free number above, and they will assist you. If your concern remains unresolved, you may contact the TD Ombudsman, by mail at P.O. Box 1, TD Centre, Toronto, Ontario, M5K 1A2, or toll-free at 1-888-361-0319. If your concern still remains unresolved, you may then contact the ADR Chambers Banking Ombuds Office (ADRBO) by mail at 112 Adelaide Street East, Toronto, Ontario M5C 1K9 or Telephone: 1-800-941-3655 or Toll-free fax: 1-877-307-0014 and at www.bankingombuds.ca or contact@bankingombuds.ca. For a more detailed overview, please obtain a copy of our "If You Have a Problem or Concern" brochure from any branch or from our website at www.td.com. Financial Consumer Agency of Canada (FCAC) - If you have a complaint regarding a potential violation of a consumer protection law, you may contact the Financial Consumer Agency of Canada in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9 or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation - all such requests must follow the process set out above. |
Specific agreements may apply to each of the Electronic Financial Services enumerated above. Please refer to the specific agreements for complete information. 530012 (1111) |