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Interac e-Transfer Terms of Use

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). If you have received an email or text message from the Interac e-Transfer service, it is because (i) you are the recipient of an Interac e-Transfer transaction and the sender has provided us with your name and contact information; (ii) you are the recipient of a request to send an Interac e-Transfer transaction and the sender has provided us with your name and contact information; or (iii) you have registered for 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 accessing the Interac e-Transfer website or gateway page, 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 or Requester to arrange another method of payment.

1.2 Definitions:

When we use the words “we” or “us” or “Interac” in these Terms of Use, 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 make a payment to 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 our participating financial institutions.

1.4 Privacy:

Interac collects certain information about you in order to complete Interac e-Transfer transactions. The collection and use of that data is subject to our Privacy Policy, available here. Please review our Privacy Policy for a full description of the information we collect, how we protect it, why we need it and how we use it. Any references in our Privacy Policy to Acxsys Corporation also include Interac, Acxsys Corporation’s legal successor.

1.5 Agreement to Terms and Conditions:

By accessing the Interac e-Transfer gateway page or Interac website to use 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 or register for Autodeposit via Interac e-Transfer.

Interac may make changes to these terms and conditions at any time. Any changes we make will be effective immediately once posted on the Interac e-Transfer gateway or Interac website and you are bound by the terms and conditions in effect at the time that you access the Interac e-Transfer service website or gateway page. A copy of the terms and conditions are available on Interac’s website, 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 complete the Interac e-Transfer transaction because: you have supplied incorrect information; you cannot answer the sender’s question; your personal 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 gateway page, or Interac website; retrieve any Interac e-Transfer transactions; or retrieve, index or data mine the Interac e-Transfer service or gateway page, or Interac website; or in any way reproduce or circumvent the navigational structure or presentation of the Interac e-Transfer service or gateway page, or Interac website 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 gateway page, or Interac website, 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 or gateway page, the Interac website, or any Interac e-Transfer transaction in any way including, without limitation, by manual or automatic device or process, for any purpose whatsoever.

1.7 Disclaimers:

a) System malfunction: Interac provides the Interac e-Transfer service and the website “as is” and “as available”. Interac does not guarantee that the Interac e-Transfer service, website or gateway page will always be error-free or that the Interac e-Transfer service, website or gateway page 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 service 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 this service, you must be at least 18 years old and able to form legally binding contracts under applicable law. 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 the Interac e-Transfer service or gateway page and Interac website only for lawful purposes. You will not use the Interac e-Transfer service, website and gateway page 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 Policy, 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) Copyright and Trademark Protection: You acknowledge that the names Interac Corp., Interac e-Transfer, 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 Interac’s website or otherwise use it for any public or commercial purpose. You may not use any of the contents of Interac’s website on any other website for any purpose.

e) Indemnification: To the greatest extent permitted by law, you 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, gateway page and Interac’s website, 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, website and gateway page. You agree that the following may be provided to you by electronic means, including by posting the relevant information on Interac’s website: 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 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; or when the funds have been sent back to the financial institution of the sender. 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 website, gateway page 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, website or gateway page; (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 Interac’s website or gateway page 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 Interac’s website 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 gateway page, or Interac’s websiteor 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:

If Interac waives any provision of these terms and conditions, that will not imply that we will continue to waive that term or that we waive any other term.

1.18 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 this site 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.

1.19 Links:

Interac’s website 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.

1.20 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.

Copyright (c) 2020, Interac Corp. All rights reserved. 
Except as permitted by law, no part of this document nor any of Interac’s trademarks, logos and service marks may be reproduced or transmitted by any process or means without prior written consent of Interac Corp.

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.

Published by Interac Corp., Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto, Ontario M5J 2J1
https://www.interac.ca/en/interac-e-transfer-consumer  

®,™: Trade-mark of Interac Corp.