Terms & Conditions
Web Terms & Conditions
The following terms and conditions together with any documents or additional terms incorporated by reference (collectively, the “Terms”) will govern access to and use, including any content, functionality, and services through, the Digital Commerce Bank (“we” or “DCBank”) web site (including, among other things, DCBank’s client web portal or any other electronic page or other web portals accessible by or through the DCBank web site, individually and collectively, the “DCBank Web Site”) as well as any downloadable application or other technology to access any features, functionality, content and/or information that is made available, or provided, on or through the DCBank Web Site (individually and collectively, the “Application”). Any reference herein to the “DCBank Web Site” in these Terms including, without limitation, any reference to use or access to the DCBank Web Site, means all or any portion of the DCBank Web Site which includes any Application, as the case may be.
These Terms constitute a legal agreement and are entered into between you and us.
DCBank may provide direct access to your account(s) by one or more of the following methods: s
- electronic communications through the DCBank Web Site; and
- other devices or equipment which DCBank may designate for direct access.
In addition to these Terms, please review the following Electronic Access Terms and Conditions at https://www.dcbank.ca/terms-and-conditions/.
Direct access to, and use of, the DCBank Web Site requires an identifier which consists of the use of one or more of the following:
- client number or user identification;
- personal identification number (“PIN”);
- two-factor authentication (2FA); and/or
- such other security measures required by DCBank from time to time.
DCBank will provide you with a user ID and temporary password or card together with other components of the Electronic Identification, as applicable, for direct electronic access; you may select certain components of the Electronic Identification yourself.
You agree that electronic pages including, without limitation, the DCBank Web Site, or any other electronic page which is or may be accessed by Electronic Identification, are written documents and that by electronically acknowledging by “clicking” any buttons stating “OK”, “proceed”, “continue”, “accept”, “approve” or other buttons with similar intent, you are agreeing to be bound by the terms thereof. You acknowledge and agree to comply with any and all terms, conditions, legal notices and disclaimers in the footers, content or other pages of the DCBank Web Site and behind links, buttons or icons on the DCBank Web Site.
The information, material, and content provided in the pages of the DCBank Web Site, including pricing information, (collectively, the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, and DCBank and its officers, directors, employees, contractors and agents have no obligation to update the Information. The Information or the DCBank Web Site may be changed, withdrawn or terminated, at any time, without notice.
Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and your continued access or use of the DCBank Web Site will mean that you agree to any changes.
Any submission by you of an application, instruction or other request is subject to acceptance by DCBank and can be declined by DCBank.
DCBank does not knowingly solicit data from, or market to, children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files.
The Information is for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice and should not be relied upon in that regard.
No endorsement or approval of any third party or its advice, opinions, information, products or services is expressed or implied by any Information.
Local Laws; Export Control
It is important to note that not all of the products, services and Information made available or provided on the DCBank Web Site are available in all jurisdictions outside of Canada. In addition, the Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. All products and services are subject to the terms of the applicable agreement.
Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the DCBank Web Site. If you choose to access the DCBank Web Site, you do so on your own initiative and are responsible for compliance with applicable local, national or international law.
You may not use, export or re-export the Information or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.
You agree to not use the DCBank Web Site in any way: (i) that causes, or may cause, damage to the DCBank Web Site or impairment of the availability or accessibility of the DCBank Web Site; or (ii) which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Email communication, including any information transmitted with it, is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization, please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.
DCBank provides the DCBank Web Site and the Information on an “as is where is” basis and does not make any express or implied warranties, representations, or endorsements with respect to the DCBank Web Site or the Information, including, without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, DCBank does not represent or warrant that the DCBank Web Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
You acknowledge that it is not possible for DCBank to provide online services free from defects. You also acknowledge that the online services and the DCBank Web Site utilize complex computer and telecommunications networks and that, as such, continued, uninterrupted and error-free access to online services and the DCBank Web Site cannot be guaranteed. The online services and the DCBank Web Site maybe delayed, unavailable, not delivered and/or inaccurate, from time to time, due to a variety of factors, including, without limitation, technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason.
You are bound by, and liable for, all use, including unauthorized use, of any Electronic Identification by other persons, be it with or without your knowledge or consent.
DCBank will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.
DCBank may cancel or restrict the direct access to the DCBank Web Site or your Electronic Identification without notice to you.
You agree that neither DCBank nor its affiliates, licensors, or any other third party provider, nor any of their directors, officers, employees, consultants, agents or assigns, will be liable in any way for any loss or damage, direct or indirect, which may arise out of, or in connection with, the DCBank Web Site, the online services, or the Information or any obligation of DCBank hereunder, including, but not limited to, any action or decision made by you in reliance on the DCBank Web Site, the online services, or the Information, or from any unauthorized use or reproduction of the DCBank Web Site, the online services, or the Information, any malfunction, cancellation, outage, interruption, discontinuation or delay in the DCBank Web Site, the online services or any part thereof, or any error contained therein, or omission therefrom or any inability to access your account(s) at DC Bank, or any other non-performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations of DCBank, its affiliates, its licensors, or any third parties, or negligence of DCBank, its affiliates, its licensors, third party providers, operators or programmers, even if such party knew, should have known or was advised of the possibility, of such damages.
In no event will DCBank, its affiliates, its licensors, or any third party provider, or any of their directors, officers, employees, consultants, agents or assigns, be liable for any punitive, incidental, direct, indirect, special, exemplary or consequential damages, including, but not limited to, loss of use, loss of data, loss of opportunity or loss of revenues, profits or savings, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the DCBank Web Site, the online services, or the Information, or for any delay in or failure of transmission of any instructions or notifications sent to DCBank through the DCBank Web Site, the online services or for any transmission of confidential or sensitive information to DCBank or transmission of such information from DCBank to you on your request, even if such party knew, should have known or was advised of the possibility, of such damages. DCBank's affiliates, licensors, and third-party providers will be third party beneficiaries to the foregoing provisions.
By using the DCBank Web Site, you agree that the exclusions and limitations of liability set out herein are reasonable. If you do not think they are reasonable, you must not use the DCBank Web Site.
Protection of Electronic Identification
You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:
- memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;
- avoiding code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date or address;
- avoiding selecting a PIN, password or code that is similar or identical to any other PINs, passwords or codes that you use; and
- taking all necessary steps to ensure that any component of the Electronic Identification remains confidential to you.
Any unprotected electronic communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not entirely secure or confidential and always subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. DCBank is not responsible for, and will not be liable to you or anyone else for, any damages in connection with any electronic communication between you and the Bank, including, but not limited to, emails, text messages, comments or posts.
Notice to DCBank
You must immediately phone DCBank if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact DCBank 24 hours a day and 7 days a week at 1-844-836-6040.
Verification of Instructions
DCBank reserves the right to contact you to obtain confirmation of any electronic instruction before processing any transaction but will not be liable due to any inability or failure of DCBank to contact you in order to confirm such instructions.
You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.
Cookies are pieces of information stored directly on the device you are using. Cookies allow DCBank to collect information such as browser type, time spent on the DCBank Web Site, pages visited, language preferences, and your relationship with DCBank. DCBank uses the information for security purposes, to facilitate navigation, to display information more effectively, to personalize/tailor your experience while engaging with DCBank, and to recognize your device to allow your use of our online products and services.
DCBank collects statistical information about the usage of the DCBank Web Site in order to continually improve the design and functionality, to monitor responses to DCBank's advertisements and content, to understand how account holders and visitors use the DCBank Web Site and to assist DCBank with resolving questions regarding the DCBank Web Site. DCBank also utilizes cookies for advertising purposes.
You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use.
Tagging is when we place customized code on the DCBank Web Site in order to monitor user activity on the DCBank Web Site. This tagging software captures user activity and passes it on to a third party for analysis so that we might better understand and enhance the user experience and provide additional security controls.
Online Authentication Process
An online authentication process captures and stores device information as well as information you provide in order to confirm your identity each time you visit our secure websites. When you purchase a new product online, register for a secure online service or activate an existing product, the application you complete may include an online authentication process. The information that you provide in your application may be compared against the information contained in your consumer credit report to validate your identity.
Links from or to websites, including links to the DCBank Web Site, are for convenience only. DCBank does not review or control, and is not responsible for, any websites linked from or to the DCBank Web Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and DCBank will not be responsible or liable for any damages in connection with such linking. In addition, DCBank does not endorse or approve of any websites linked from or to the DCBank Web Site.
You may not gather, extract, reproduce and/or display on any other non-DCBank website or other online services, any material on or from the DCBank Web Site, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of DCBank.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading such software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies such software or is provided with such software or herein.
The following terms apply if you download a software application that DCBank offers to access any services, features, functionality, content and/or information made available by DCBank using certain mobile devices (the “Software”):
- DCBank grants to you a non-exclusive and non-transferable license for the Software. The license authorizes you to use the software in object code format for the purpose of using the online services of DCBank (“Online Services”) and/or accessing any services, features, functionality, content and/or information made available by DCBank using certain mobile devices.
- DCBank retains at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy the Software and not to disclose or distribute the Software to third parties. DCBank has no obligation to provide any training, maintenance, or other assistance for the Software.
- YOU ACCEPT THE SOFTWARE “AS IS” AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. DCBANK WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THESE TERMS OR OTHERWISE.
- DCBank may end these Software terms at any time on notice to you. On the ending of these terms, you will destroy or return all copies of the Software or of any documentation for it then in your possession. The grant of the license may not be assigned by you unless agreed upon in writing by DCBank.
Some DCBank products may require your written signature (i.e. manual “wet-ink” format or any other non-electronic format determined by DCBank) and you will be advised when this is the case. You will be sent the terms and conditions which apply to the product or service which requires a signature. You have 7 business days from the date of being advised that your written signature is required to, in turn, advise DCBank if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and to be bound thereby. When you receive material requiring a signature, you will sign it and return it to DCBank at your earliest convenience. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.
No Confidentiality, Use of Information
While we have security controls in place to protect against unauthorized use, access, alteration, duplication, destruction, disclosure, loss or theft of your personal information, the Internet is not a secure medium, and neither the privacy of your communications nor visits to the DCBank Web Site, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. DCBank will not be responsible for any detrimental reliance you may place on the DCBank Web Site or its contents. By entering the DCBank Web Site, you acknowledge and agree that any communication or material you transmit to the DCBank Web Site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the DCBank Web Site may be used by DCBank anywhere, anytime and for any reason whatsoever. By providing such information or materials, you declare and warrant that you have all necessary rights to submit such information or materials and that the information or materials do not infringe the rights of third parties.
By entering the DCBank Web Site, you acknowledge and agree that the DCBank Web Site will be construed and evaluated according to the laws of the Province of Alberta and the federal laws of Canada applicable therein. You hereby agree and confirm that your use of the DCBank Web Site and all of the communications, transmissions and transactions associated with the DCBank Web Site will have occurred in the Province of Alberta, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Alberta as the proper and most convenient forum concerning the DCBank Web Site. If you use the DCBank Web Site from another jurisdiction, you are responsible for compliance with any, and all, applicable local laws. DCBank makes no representation that the materials contained within the DCBank Web Site are appropriate for customers outside of the Province of Alberta, Canada.
English will be the language of the DCBank Web Site, and all transactions occurring in connection with the DCBank Web Site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
Copyrights belong to DCBank
DCBank is the registered copyright owner of the DCBank Web Site and no portion of the DCBank Web Site, including, but not limited to, the content, Information, text, images, audio or video, may be used in any manner, or for any purpose, without DCBank's prior written permission. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the DCBank Web Site for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the DCBank Web Site in any other manner whatsoever or for any other purpose violates DCBank's legal rights.
Trademarks Belonging to DCBank or Other Entities
Certain names, graphics, logos, icons, designs, words, titles or phrases at the DCBank Web Site may constitute trade names, trademarks or service marks of DCBank or other entities. Trademarks may be registered in Canada and in other countries as applicable.
The display of trademarks on the pages of the DCBank Web Site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the violator to legal action.
Marketing Names/Trade Names Used by DCBank
“DCBank” is a marketing name (also referred to as a trade name or brand name) used by Digital Commerce Bank.
The following are trademarks of other companies:
Windows and/or other Microsoft products are trademarks of Microsoft Corporation.
iPhone® and the Apple logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.
BlackBerry® is a trademark of BlackBerry Limited.
Android® is a trademark of Google Inc.
Interac® is a trademark of Interac Inc. DCBank is an authorized user of the trademark.
MasterCard®, MasterCard MoneySend® and Maestro® are trademarks of MasterCard International Incorporated. DCBank is a licensed user of these trademarks.
Plus®, Visa Direct® and Visa® are trademark of Visa Inc. DCBank is a licensed user of these trademarks. H&R Block® is a trademark of HRB Royalty, Inc.
Facebook® is a registered trademark of Facebook Inc.
Twitter® is a registered trademark of Twitter Inc.
Instagram® is a registered trademark of Instagram LLC. LinkedIn® is a registered trademark of LinkedIn Ltd. Corporation.
Unauthorized use of DCBank's logos and/or name or trade names is prohibited. All information on the DCBank Web Site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at the DCBank Web Site.
This document contains the terms and conditions (“Wallet Terms”) that apply when you add, attempt to add, use or keep any eligible debit card, credit card, or another payment card (each, a “Payment Card”) issued by DCBank in a digital wallet or any other electronic payment system into which your Payment Card may be enrolled or added by you (“Wallet”) on any mobile or wearable device, tablet, watch or another device (each a “Device”) that supports the Wallet. These Wallet Terms are a legal agreement, so please read them carefully. The words “you” and “your” mean a DCBank Account holder, an authorized user on a credit card Account (an “Authorized User”), or anyone that you allow to use your Device. The words “we”, “us”, “our”, and “DCBank” mean Digital Commerce Bank and its affiliates in Canada. “Account” means the account associated with the Payment Card.
- Accepting These Terms. By selecting “I agree”, it means you have read and agree to these Wallet Terms. If you do not agree to these Wallet Terms, you must not add, attempt to add, use or keep the Payment Card in the Wallet.
- Using a Payment Card in the Wallet. If you want to add a Payment Card to the Wallet, you must follow the procedures adopted by the Wallet Provider and any further procedures we adopt. You understand that not all Payment Cards are eligible to be added to the Wallet. We may not allow you to add a Payment Card to the Wallet if we cannot authenticate the Payment Card or if we otherwise suspect that there may be fraud associated with the Payment Card or the Account. The Wallet allows you and anyone else who has access to and use of your Device to make purchases using a Payment Card that has been added to the Wallet wherever the Wallet is accepted, subject to Payment Card activation and pre-set limits (which are subject to change). When you use your Payment Card through the Wallet to transact with a merchant, it is the same as if you swiped, inserted, waved, tapped or otherwise presented your physical Payment Card or signed the credit card slip or electronic signature device presented by the merchant and/or inputted your personal identification number to transact. Wallet transactions will be added to your credit card Account billing statement or, in the case of debit card transactions, your transaction history and Account statements (as applicable). You are financially responsible for all such transactions and associated interest charges and fees in accordance with the Account Agreement. The Wallet may not be accepted outside of Canada or at all places where your Payment Card is accepted. Please remember if you are using a Payment Card in the Wallet that requires you to activate the Payment Card, you may have to activate the Payment Card before using it in the Wallet. With respect to an Account, each Account holder and Authorized User may add their Payment Card to the Wallet to allow them to use and make purchases on the Account using the Wallet on their own Device, and you will be responsible for all such transactions in accordance with the Account Agreement.
- Applicable Fees. We do not charge you fees for adding a Payment Card to the Wallet. Please review the Account Agreement for any fees, interest, or other charges that apply to your Account. In addition, the Wallet Provider or Other Third Parties may charge you service fees when you use your Device or the Wallet.
- DCBank is NOT Responsible for the Use or Function of the Wallet. DCBank is not the provider of the Wallet and is not responsible for its use and function. We are only responsible for the Payment Card as set out in the applicable agreement. You should contact the Wallet Provider’s customer service if you have questions about how to use the Wallet or if you experience problems with the Wallet. We are not responsible for any failure of the Wallet or your inability to use a Wallet for any transaction. We are also not responsible for any loss, injury or inconvenience you suffer as a result of (a) any damage or vulnerabilities to your Device that may be directly or indirectly caused by the Wallet; (b) a merchant refusing to accept the Wallet; or (c) any actions or omissions of the Wallet Provider or any Other Third Party.
- Your Responsibility to Keep Your Payment Card and Wallet Credentials Secure and Notify Us of Errors or Fraud. You agree to protect and keep confidential all information required for you to access your Device and the Wallet, respectively, and all information required to make purchases with a Payment Card using the Wallet on your Device, including without limitation, your User ID, passwords, passcodes and/or verification questions, if applicable, and any other information used to authenticate you to provide access to your Device and the Wallet (the “Wallet Credentials”). If you share your Wallet Credentials or Device with others (including without limitation, by allowing others to enroll their fingerprint, set up a passcode on your Device or otherwise), they may be able to access your Device and the Wallet to make purchases with your Payment Card through the Wallet, view transactions on your Device (including by way of Notifications, which may be visible on your Device without any requirement for you to enter a login or password), or otherwise obtain your personal information. You must contact us immediately if you believe there are errors or if you suspect fraud or unauthorized use of your Payment Card. We will investigate and where appropriate resolve any potential error or fraudulent purchase on your Payment Card as set out in your Account Agreement. We will not be liable for any losses you incur except as specifically described in the Account Agreement or as otherwise provided by law. Before you sell, give away, or dispose of your Device, you must remove the Payment Card from the Wallet by following the Wallet Provider's procedures for removal, otherwise the Payment Card may be available to the person who obtains your Device and you will be responsible for any transactions completed. If your Device is lost or stolen, you must contact DCBank immediately.
- Security of the Wallet. In addition to your efforts to keep your Wallet Credentials secure and confidential, we take reasonable steps to help ensure that information we send to others about your use of a Payment Card in the Wallet is sent to them in a secure manner. However, the Wallet Provider is responsible for the security of information that you provide to it or that is stored in the Wallet. We are not responsible if there is a security breach affecting any information stored in the Wallet or sent from the Wallet. However, in the unlikely event you experience an Account loss resulting from a transaction through the Wallet that you did not authorize or for which you are not responsible under these Wallet Terms or any other terms or agreement with us, you will be reimbursed for such Account losses provided you have met your security responsibilities and otherwise complied with your Account Agreement.
- We Can Block, Suspend, or Cancel Your Use of a Payment Card. We can block you or Authorized User(s) from adding an eligible Payment Card to the Wallet, suspend your or your Authorized User(s)' ability to use an eligible Payment Card to make purchases using the Wallet, or cancel entirely your or your Authorized User(s)' ability to continue to use a Payment Card in the Wallet. We may take these actions at any time and for any reason without notice or liability to you, such as if we suspect fraud with your Payment Card or Account, if you have an overdue or negative balance on your Account, if directed to do so by the Wallet Provider, a regulator, or the applicable payment card network associated with your Payment Card (such as Visa, MasterCard or Interac), if use of the Payment Card in the Wallet would interfere with, degrade the performance of, or adversely affect any products, services or software of DCBank or others, or if applicable laws change or where otherwise required by applicable law. You may remove a Payment Card from the Wallet by following the Wallet Provider's procedures for removal.
- Notifications. You may receive notifications on your Device upon completing transactions using your Payment Card, including transactions linked to both your physical card and the Wallet (each a “Notification”). You may turn off Notifications at any time by adjusting the settings in the operating system of your Device. We are not responsible for any failure to provide you with information (including Notifications) through the Wallet at any time or for any reason. You should not rely on Notifications to confirm the final amount of any transaction as there could be transactions for amounts that are different than your final purchase when it is posted to your Account.
- Your Personal Information. You agree that we may exchange information about you (such as your name, Payment Card and transactional data) and technical data (such as device identifier, IP address and location) with the applicable Wallet Provider and/or the payment card network associated with your Payment Card, to facilitate adding a Payment Card to the Wallet, to complete any purchase you make using a Payment Card through the Wallet, to make transactional information available to you in the Wallet (for example, to display transactions linked to both your physical card and the Wallet), for internal analytics and reporting, to help manage fraud, security and error, or to assist the Wallet Provider in improving its products.
- Feedback. To the extent you provide any ideas, requests, feedback, reports, suggestions, recommendations or other information to us, in writing, orally, by demonstration or otherwise, regarding your use of the Wallet (“Feedback”), you grant to us, our contractors and third-party service providers, a fully paid-up, royalty-free, perpetual, irrevocable, worldwide, assignable without consent license to make, use, sell, copy, transmit, modify, display, perform, derivative works of, distribute (directly or indirectly) and otherwise fully commercially exploit, including the right to sublicense, such Feedback in connection with our products and services or otherwise. You waive any and all moral rights you may have in the Feedback in favour of us.
- We May Change these Wallet Terms at Any Time. We may change these Wallet Terms at any time. We will post changes to the Wallet Terms and indicate the effective date of the changes on the DCBank web portal or by other means. The date of the most recent change to these Wallet Terms is shown at the top of these Wallet Terms. Your continued use of the Payment Card in the Wallet will be taken as your acknowledgment and agreement to be bound by changes to these Wallet Terms. If you do not accept a change to these Wallet Terms, you must remove all Payment Cards from the Wallet. You agree to check the DCBank Web Site for updates to these Wallet Terms from time to time.
- Wallet Terms Drawn Up in English. It is the express wish of the parties that these Wallet Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.
- Questions? If you have any questions, disputes, or complaints about the Wallet, you should contact the Wallet Provider. If you have any questions, disputes, or complaints about your Payment Card, you should contact us toll-free at 1-844-836-6040. For a more detailed overview of our complaint process visit us at www.dcbank.ca.
Designated Locations for Service of Legal Demands
In accordance with the Bank Act, the following office has been designated for service of legal demands, including Family Support and Maintenance Orders and Canada Revenue Agency demands:Digital Commerce Bank
736 Meridian Road NE
Calgary, Alberta, T2A 2N7
DCBank may transfer, sub-contract or otherwise deal with DCBank's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
The terms and conditions of other agreements relating to your other DCBank business remain in force. If there is a conflict between any provision of those other agreements and these Terms, those agreements prevail.
Electronic Access Terms & Conditions
These electronic access term and conditions govern electronic access to a bank account or bank accounts (“Online Accounts”) that you have with Digital Commerce Bank (“we”, “us” or “DCBank”). These terms and conditions apply to your electronic access to the Online Accounts regardless of the method of technology you employ to access the Online Accounts. These terms and conditions also apply to any person or individual you authorize to access your Online Accounts (each, an “Authorized User”) and the terms “you” “your” and other similar terms shall be interpreted accordingly as the context may require. These terms and conditions, in conjunction with the DCBank website Terms and Conditions and any other agreement incorporated by reference therein or herein (collectively, the “Terms”), replace all prior agreements between you and DCBank with respect to access to the Online Accounts and the provision of services by DCBank to you in relation to providing electronic access to your Online Accounts (“Services”).
We can amend, modify, change or replace the terms and conditions under the Terms at any time by posting a notice on the DCBank website. The new or revised terms provided under these Terms are effective and binding on you when we notify you of such change. By continuing to use Services after we post the notice, you agree to and accept the new or revised terms and conditions provided under the Terms as amended.
If there is a conflict between these Terms and the terms of any other agreement you have entered into with us, the terms and conditions of such other agreement will prevail to the extent there is any inconsistency.
We reserve the right to change, add, remove or modify any of the features or functionality found in the Services without notice to you.
We reserve the right to terminate or suspend access to your Online Accounts and our provision of Services for any reason whatsoever and at any time without prior written notice. We will not be responsible for any loss or inconvenience that results from such termination or suspension.
In order to access your Online Account(s), you and any Authorized User will need to use certain Online Credentials. “Online Credentials” includes any user name, identification number, password, licence or security key, security token, personal identification number (PIN) or other security code, method, technology or device used, alone or in combination, to verify an individual’s identity and authorization to access and use the Services.
Online Credentials must be carefully selected so that they cannot be easily guessed, obtained or reverse engineered by anyone else, including not using the birth date or name of you or a family member, your telephone number, social insurance number, or sequential numbers such as “1234”. You should memorize your Online Credentials rather than keep any written record of them. When you enter your Online Credentials in any manner to gain access to an Online Account, you must take all reasonable precautions to prevent others from seeing you entering this information, such as by ensuring that no one can see your computer screen or key pad on your electronic device.
You agree that each use of your Online Account is an instruction to us (each, an “Instruction”) with the legal equivalent to your written, signed instructions to us. You agree not to dispute any Instruction on the basis that it was delivered, received or entered into by electronic means, including on the basis that it was not “in writing” or was not signed or delivered. You acknowledge that each Instruction that you provide to us is final. For the purpose of these Terms, the term “electronic means” means any communication method permitted by us, from time to time, that may include computer, telephone, cell phone, smart phone, Internet, email, personal digital assistant, facsimile or other methods of telecommunication or electronic transmission.
Instructions, together with any other information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from you or an Authorized User by or through the Services, is sometimes referred to as “Client Data”. You have and will retain sole responsibility for: (a) all Client Data, including its content and use; (b) all information, instructions and materials, including, without limitation, any Instructions, provided by or on behalf of you or any Authorized User in connection with the Services; (c) the security and use of Online Credentials of you and any Authorized Users; and (d) all access to and use of the Services directly or indirectly by or through your or any Authorized User’s Online Credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use. This means, among other things, that you are bound by and liable for all Instructions including unauthorized use of your Online Credentials by other persons, regardless of your knowledge or consent and that you are responsible for all losses that may result from any use of your Online Account. In addition, you are responsible and liable for all Instructions you provide in relation to your Online Account. You agree that we may rely on these Instructions and that you will be liable for all transactions that are carried out based on these Instructions.
If your Online Credentials (including any bank debit or prepaid credit card issued to you by DCBank) are ever compromised, lost or stolen, you are required to notify us immediately at 1-888-466-4043 (toll-free). If you do not notify us immediately, you will be liable for all losses and actions caused by any unauthorized party in respect of your Online Account.
You will take all appropriate steps and precautions to reduce the chances of unauthorized access to your Online Accounts. You will also sign off or log off from the mobile application or web browser when finished accessing your Online Accounts.
If we suspect or believe that any Instructions received regarding your Online Account are not from you or are unclear, we may decide not to execute such Instruction provided when your Online Account is accessed. If we do not execute an Instruction based on this suspicion or belief, you cannot hold us responsible for any losses or damages that may arise as a result of our failure to execute such Instruction.
We reserve the right to contact you to obtain confirmation of any Instruction before processing any transaction, but will not be liable due to any inability or failure to contact you in order to confirm such Instruction.
If you give an Instruction to make a payment from your Online Account, you acknowledge that although funds may be withdrawn from your Online Account on the date the instruction is given, the recipient of such funds may not receive the payment on the date of your Instructions or the date the funds were withdrawn. We are not responsible for any disputes you have with a third party, including if that third party: (i) does not credit you for payment for whatever reason; (ii) charges you fees or penalties; or (iii) does not supply goods or services purchased or the goods or services are not suitable. You should give bill payment Instructions several business days in advance of the date on which you wish a bill payment to be effective.
You will not: (i) provide any false or incomplete information about yourself or any Authorized User in order to access the Online Accounts; (ii) use the Online Accounts for any illegal, fraudulent, or malicious purposes; or (iii) undermine the security and integrity of the Services.
There may be various fees associated with the Services. These fees may be deducted from your Online Account to which the fees apply when they are incurred.
You acknowledge that you may not have access to all of the online banking services, features, functionality, content or information through the Services. For example, when you access the Online Accounts through a mobile application or through an electronic device, certain of the features, functionality, content or information that are associated with the Online Accounts may not be accessible to you due to limitations of size, content and compatibility associated with your mobile device and wireless carrier.
Liability of DCBank
Under no circumstances will we be liable for any direct, indirect, special, punitive or consequential losses or damages, including without limitation, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss or damage, that results directly or indirectly out of your or any Authorized Users’ use of the Online Accounts or the Services or any other matter in respect of the Terms. By accessing your Online Accounts, you agree that the exclusions and limitations of liability set out herein are reasonable. If you do not think they are reasonable, you must not access your Online Accounts.
We will not be responsible or liable for any loss or damage that you may incur in using: (a) any software, hardware or applications from a third party that we may make available to you; or (b) any communications networks, either private, public or otherwise, operated by a third party, in each case in connection with online and mobile banking services.
We will not be responsible for any loss or damage that you may incur if you fail to protect your mobile device and your personal information, or lose your mobile device or fail to disable the alerts, notices or other communications to your mobile device from us.
You understand and agree that your use of the Online Accounts and our provision of the Services is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, whether express or implied.
As between you and DCBank, DCBank is the owner of all intellectual property rights in the Services and on each webpage you access for purposes of accessing your Online Account. No portion of any of the webpages or online information, including, but not limited to, the content, information, text, images, audio or video, may be used in any manner, or for any purpose other than as permitted pursuant to these Terms, without our prior written permission.
These Terms will be governed exclusively by the laws of the province of Alberta. You and DCBank expressly agree that the courts of Alberta will have exclusive jurisdiction over DCBank and you. If you access your Online Accounts from another jurisdiction, you are responsible for compliance with any, and all, applicable local laws.
If any provision of these Terms is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.