Interac - Interac e-Transfer Terms of Use

 

Terms of Use

1.1 Introduction

Acxsys Corporation, hereafter referred to as “Acxsys”, is the provider of the Interac e-Transfer® service (previously Interac® Email Money Transfer). The Sender of an Interac e-Transfer has instructed Acxsys to make a payment to you and has provided us with your name and either your email address or your telephone number (or both), and some questions for you to answer so we can protect the funds. If you have an account at one of our participating financial institutions, you can choose to receive this payment through that institution’s online banking service, in accordance with that institution’s terms and conditions. If you wish to receive your payment by deposit to your account at a non-participating financial institution or without using an online banking service, you must register with Acxsys and accept these Terms of Use.

Please read the following terms and conditions carefully and indicate that you agree to abide by them by selecting “I Agree” at the bottom of this page. Once you have indicated your agreement, you will be registered. Registration with Acxsys is a one-time process. It is only required the first time you choose to deposit an Interac e-Transfer. If you do not agree with all of the terms and conditions, please contact the Sender to arrange another method of payment or collect the transfer through one of our participating financial institutions’ online banking services.

1.2 Definitions:

When we use the words “we” or “Acxsys” in these Terms of Use, we mean Acxsys Corporation, its employees, agents, contractors, subcontractors and suppliers, as appropriate. “Sender” means the person who sent you the Interac e-Transfer.

1.3 The Interac e-Transfer Service:

The Interac e-Transfer service is a person-to-person payment service that lets one person make a payment to another electronically. See how it works by visiting http://www.interac.ca/en/interac-e-transfer-consumer. Acxsys facilitates Interac e-Transfer payments only. Acxsys 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:

Acxsys collects certain information about you in order to complete Interac e-Transfers. The collection and use of that data is subject to our Privacy Policy. 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.

1.5 Agreement to Terms and Conditions:

By indicating your agreement to these terms and conditions, you will be agreeing that you have read and understood them, and that you agree to be bound by them and comply with them. By clicking “I Agree”, you enter into a legal contract with Acxsys. By clicking “I Agree”, you agree to be bound by the terms and conditions set out herein, whether or not you have read them. Acxsys may make changes to these terms and conditions at any time. You will be notified of any material changes to the terms and conditions when you deposit subsequent transfers and will be asked to confirm that you still agree to be bound by the amended terms and conditions. Your ability to use this website is dependent upon your agreement to these terms and conditions. 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 collect funds that are intended for you. You may not use the service to collect transfers where you are not the Sender’s intended Recipient.

b) You may only use the Interac e-Transfer service to deposit funds to your own account. You may not use the service to deposit transfers 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 transfers on behalf of a corporation or on behalf of a third party. In the case of joint accounts, only one account holder may have the account registered to his or her profile at one time.

c) When an Interac e-Transfer is sent, the Sender’s financial institution will hold the funds for you until you either deposit the transferred funds, the Sender cancels the Interac e-Transfer, or the Interac e-Transfer expires. You will not earn interest on the funds during the time they are being held for you. The funds are held in a clearing account at one of our participating financial institutions.

d) Once our records show that you have received an Interac e-Transfer, the Interac e-Transfer will be final.

e) Until you have attempted to deposit the Interac e-Transfer, the Sender may cancel the Interac e-Transfer and you will no longer have a right to collect the Interac e-Transfer. Acxsys may also decline to complete the Interac e-Transfer because you have supplied incorrect information to us, because you cannot answer the security question, because your personal information cannot be verified or because the Interac e-Transfer exceeds a transaction limit. If the Interac e-Transfer cannot be completed, we will automatically notify the Sender that it must be cancelled. If the Sender cancels the Interac e-Transfer,for any of the above reasons, your sole remedy for non-payment is against the Sender and you will have no claim against Acxsys.

f) Acxsys will charge you a $4.00 fee for processing your Interac e-Transfer. This fee is applied each time you receive an Interac e-Transfer on this Web Site. The fee is deducted from the total amount of your Interac e-Transfer and is non-refundable.

g) Acxsys will not be able to deposit the funds to your account electronically if the account information you provide is invalid or incorrect. You will receive an email indicating that we have received incorrect information, and you will have one opportunity to correct this information by editing your profile on the Interac e-Transfer site. If the Interac e-Transfer deposit fails a second time due to invalid account information, we will cancel the Interac e-Transfer and send the full amount back to the financial institution of the Sender.

h) In order to process Interac e-Transfers and verify your personal information, you authorize us to disclose personal information you have provided to us to 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.

1.7 Disclaimers:

a) System malfunction: Acxsys 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, 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 Acxsys provides an intermediary service only. Acxsys’ only obligation is to carry out the Sender’s instructions by inviting you to register with Acxsys, and collect your Interac e-Transfer through the Interac e-Transfer service. To the fullest extent permitted by applicable law, Acxsys expressly disclaims any warranties of any kind, whether express or implied, statutory or otherwise, with respect to the service it renders and with respect to the transactions between you and the Sender. You assume all liability and risk arising from your acceptance of Interac e-Transfers through Acxsys, including any liability or risk that the Sender improperly directed the Interac e-Transfer to you, that you may be required to return the Interac e-Transfer to the Sender for any reason, that the Interac e-Transfer was illegal, or that you may legally be required to turn the Interac e-Transfer over to another person for any reason. You agree that Acxsys is not liable or responsible for any losses or damages suffered by you because of Interac e-Transfers 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. You must also be a Canadian resident. The first time you receive an Interac e-Transfer, you must register by providing certain identifying information and answering a question provided to us by the Sender.

b) Transfer Methods: If you want to receive the Interac e-Transfer by deposit into your bank account with a financial institution that is not a participating financial institution, you must have a valid deposit account in your own name at a Canadian financial institution that can receive deposits by Electronic Funds Transfer.

c) Information: You must provide true, accurate and complete information when filling out the registration form and in all of your communications with Acxsys. 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 Acxsys prior to depositing subsequent payments. We suggest that you print a copy of the information that you have provided to us by selecting “My Profile” once you have logged in to the Web Site. You may also use the “My Profile” function, whenever you are collecting an Interac e-Transfer, to access and change your personal information. You agree that we are entitled to rely on the information you provide us 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 Acxsys. If any information you give is untrue, inaccurate, outdated or incomplete, Acxsys has, among other remedies, the right to disable or terminate your registration immediately and block you from registering again. In addition, Acxsys can recover from you any costs or losses incurred by it because of its use of untrue, inaccurate, outdated or incomplete information.

d) Use of the Interac e-Transfer Service: You agree to use the Interac e-Transfer service only for lawful purposes. You will not use the Interac e-Transfer service in violation of any applicable laws or regulations. You agree that Acxsys 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, Acxsys may also report suspicious activity to the appropriate authorities and the participating financial institutions. You agree that Acxsys 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.

e) Copyright and Trademark Protection: You acknowledge that the names Acxsys Corporation, Interac e-Transfer, and all logos and contents of this Web Site are the property of Acxsys, protected under copyright, trademark and other laws. The compilation of the content on this Web Site is the exclusive property of Acxsys, and is protected by copyright laws. You may not sell, copy or modify any of the contents of this Web Site or otherwise use it for any public or commercial purpose. You may not use any of the contents of this Web Site on any other Web Site for any purpose.

f) Indemnification: To the greatest extent permitted by law, you indemnify Acxsys, and hold it harmless for any claims, liability and expenses of any kind arising out of your breach of these terms and conditions, or your use of this Web Site, its contents, or any other material or information provided to you by Acxsys.

1.9 Electronic Communications:

You agree that these terms and conditions, once you have selected “I Agree” at the end, will constitute a binding contract between you and Acxsys. You agree that the following may be provided to you by electronic means: notice of amendments to the terms and conditions; records of payments received through Acxsys, 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, and any electronic communication sent to you will be deemed to have been received by you no later than five business days after Acxsys 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 Acxsys for your records.

1.10 Passwords:

Before you complete your registration, you will be required to create a password. You should not reveal your password to anyone and you must not use anyone else’s password. You agree to contact us immediately if you believe anyone else has unauthorized access to your password. Acxsys is not responsible for any losses incurred as a result of someone else’s use of your password.

1.11 Sending and Receiving Transaction Limits:

Acxsys 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 Acxsys 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:

Records of all transactions will be posted and updated regularly on this Web Site. You can access these records whenever you receive an Interac e-Transfer. However, Acxsys does not guarantee the accuracy of transaction records on this Web Site and will not be liable for any losses caused by your reliance on such records. A confirmation will be sent by electronic communication to you and to the Sender when, according to Acxsys’ records, an Interac e-Transfer has been initiated to your account; when an Interac e-Transfer has been processed; or when the funds have been sent back to the financial institution of the Sender. If you think a confirmation or transaction record is incorrect, you must contact Acxsys no later than 30 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 below in the section entitled “Complaints or Disputes”.

1.13 Funds Delivery Time:

The timing of funds being deposited to your account cannot be guaranteed. Acxsys estimates that funds transferred through the Interac e-Transfer service will be deposited to your account within 4 to 6 business days. You acknowledge that there are a number of factors outside of the control of Acxsys 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 these factors outside of the control of Acxsys and you agree that we shall not be liable for any actions taken or which are not taken by third parties including by your financial institution, nor shall we be liable for any actual or consequential damages relating to the same.

1.14 Termination:

Acxsys has the right, in its sole discretion, to terminate your registration and ability to access this Web Site or use any other services provided by Acxsys.

1.15 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.

1.16 Waiver:

If Acxsys 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.

1.17 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 selecting “I Agree” where indicated at the bottom of this page, 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. Acxsys 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 below in the section entitled “Complaints or Disputes”.

1.18 Links:

This Web Site may contain links to third party Web Sites. These links are provided solely as a convenience to you and do not imply any endorsement by Acxsys. Acxsys is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party Web Sites, you do so at your own risk.

1.19 Complaints or Disputes:

If you need more information or you believe that a confirmation or transaction record is incorrect, contact Acxsys Corporation, by email to This email address is being protected from spambots. You need JavaScript enabled to view it., or in writing to:

Complaints and Disputes – Interac e-Transfer

Acxsys Corporation

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 Acxsys within 30 calendar days of receiving the confirmation that you believe is incorrect. If you contact Acxsys by telephone, you must confirm that dispute or complaint by email or in writing within ten business days. Acxsys 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.

1.20 Acceptance:

If you agree to be bound by and to comply with the foregoing terms and conditions and wish to register, select “I Agree”. If you do not agree, select the “I Do Not Agree” button below or simply exit the Web Site and contact the Sender to arrange an alternate method of payment.

 

Copyright (c) 2015, Acxsys Corporation. All rights reserved. 
Except as permitted by law, no part of this document may be reproduced or transmitted by any process or means without prior written consent of Acxsys Corporation.

Acxsys Corporation, 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. Acxsys Corporation, 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 Acxsys Corporation, Royal Bank Plaza, North Tower, P.O. Box 45, 200 Bay Street, Suite 2400, Toronto, Ontario M5J 2J1
http://www.interac.ca/en/interac-e-transfer-consumer 

®,™: Trade-mark of Interac Inc. Used under license.