General Terms of Banking Services Online and Mobile
These general terms and conditions form an integral part of our agreement and govern the use of online and mobile banking services of SUN Commercial Bank, Ltd.
1 Preamble and Legal Validity
These general terms and conditions form an integral part of our agreement and govern your use of online and mobile banking services of SUN Commercial Bank, Ltd.
They take effect upon the opening and activation of your account. You acknowledge that these general terms and conditions constitute a written document and have the same legal validity as an electronic signature. You are legally bound by these general terms and conditions, which will apply to each use of the services. If you do not accept these general terms and conditions, please refrain from using the bank's online and mobile banking services.
You confirm having received our disclosure documents.
It is important to comply with these general terms and conditions, as any failure to do so may result in the suspension of your access to the services.
2 Definitions in This Agreement
"Account" and "Bank Account" : mean all accounts held with the Bank.
"Account Agreement" : means the General Terms and Conditions of SUN Commercial Bank, Ltd for the account(s).
"Agreement" : means these General Terms and Conditions for Online and Mobile Banking Services of SUN Commercial Bank, Ltd.
"Alert Messages" : means messages regarding security or banking activity on your account that we may send you by email to your primary email address, by SMS to your mobile phone number, or when you log in to your account.
"Customer Number" and "Login ID" : mean a unique number assigned to you by us upon opening an account.
"Disclosure Documents" : means our Account Agreement and any other document available on our website or our online and mobile banking applications.
"Electronic Communication" : means any communication by telephone, email, SMS, social media, instant messaging, fax, or any other telecommunication or electronic transmission means, and includes Alert Messages.
"Electronic Device" : means any electronic device allowing you to access our services, such as a personal computer, cellular phone, landline phone, smartphone, tablet, or any similar device.
"Electronic Identification" : means the customer number assigned to you, which you use with your personal access code (PAC) to access the services.
"Electronic Transactions" : mean transactions relating to an account, including deposits and withdrawals, which include electronic funds transfers (including transfers between your accounts or between your linked external accounts at other financial institutions) or payments (including bill payments and pre-authorized debits), transaction cancellation instructions, Interac e-Transfers®, and other account-related transactions that we may authorize through our services.
"Recipient of an Interac e-Transfer®" : is the person who receives a transfer of funds via Interac e-Transfer® for deposit.
"Instruction" : means an instruction you communicate to us by SMS, email, or telephone call following your electronic identification or authentication by responding to security questions via mobile banking, online banking, or telephone.
"IVR" : means an interactive voice response system allowing you to manage your banking operations by phone.
"Losses" : mean all direct or indirect losses, damages, costs, expenses, fees, penalties, actions, suits, proceedings, claims, demands, and all other liabilities of any kind arising from your use of the services.
"Mobile Application" : means the mobile application specifically designed by SUN Commercial Bank, Ltd or a third-party service provider, through which you can log in to the Services to use them on an electronic device.
"Online Banking" : means the website through which you can log in to access the Services.
"Personal Access Code" (PAC) : means the personal access code which, when used with your customer number, allows you to access your account.
"Primary Email Address" : means the email address you have provided to us.
"Product(s)" : means all products that the Bank currently offers or has offered in the past to its customers.
"Service(s)" : means the Services accessible by electronic device via Online or Mobile Banking and by telephone.
"Third-Party Service Provider" : means a party we have engaged to act on our behalf to provide or assist us in providing our Services.
"Unauthorized Activity" : means a transaction carried out on your account without your permission, authorization, or knowledge, and where it can be established that you are a victim of fraud, theft, or coercion.
"The Bank", "Our", "We", or "Us" : désignent SUN Commercial Bank, Ltd.
"You", "Your", "Account Holder", and "Customer" : refer to you as the owner of an account.
3 Access to Services
Our services, including your online bank account(s), are accessible by the following methods:
- Online banking or mobile banking services;
- Telephone by speaking to a customer service representative; or
- Interactive voice response system (IVR).
All transactions you perform on your account(s) are subject to the applicable account agreement, as well as any other agreement or general terms and conditions we may specify.
You agree to receive all communications and documents relating to your bank account, either in paper form or electronically.
4 Electronic Identification (Login ID and PAC)
An electronic identification is required to access our services. Your electronic identification includes:
- your customer number, which will serve as your login ID, and
- your PAC (Personal Access Code).
By using your electronic identification, you acknowledge that the viewed pages constitute written documents and that clicking on on-screen buttons marked "OK", "Submit", "Next", "Continue", "Confirm", or any similar button has the same legal effect as if you had signed the document and provided us with a paper version of your consent, thereby legally binding you.
You acknowledge and understand that we are not required to verify the identity or authorization of any person using your electronic identification, unless you have previously informed us of any issue relating to that identification.
5 Your Obligations Upon Purchasing a Product
When you purchase a product online, you accept the general terms and conditions applicable to that product.
6 Alert Messages and Subscriptions
Alert messages may be sent to you for security reasons when changes are made to your account or a specific activity occurs, such as a change to your personal access code (PAC), an account lockout, login attempts, activity by an Interac e-Transfer® recipient, or if an alert message is disabled.
It is your responsibility to ensure that no unauthorized person accesses your alert messages once you have received them.
You acknowledge and agree that alert messages are sent to you unencrypted. Although bank account numbers are masked, transaction and/or account information may appear in alert messages. Therefore, it is your responsibility to maintain the confidentiality of your personal information, including all your security access codes, and to protect your device with a password. You are responsible for anyone using your electronic device.
It is your responsibility to disable all alert messages sent to your electronic device by us if:
- (i) you cease using a particular electronic device;
- (ii) you lose your electronic device or it is stolen; or
- (iii) you no longer wish to receive the alert messages to which you subscribed regarding your banking activities.
We strive to send you timely alerts with accurate information. However, by their nature, you understand and agree that these alerts may be lost, intercepted, accessed, or modified by third parties. Consequently, we do not guarantee their receipt or the accuracy of their content. If you wish to obtain additional information about a transaction, you can view the updated details of that transaction via online or mobile banking and verify them by logging in.
Subscribing / Unsubscribing from Alert Messages
To subscribe to alerts from SUN Commercial Bank, Ltd, connectez-vous à votre compte bancaire en ligne ou mobile et modifiez votre sélection dans la section « Messages et alertes » en activant les alertes que vous souhaitez recevoir. Par défaut, toutes les alertes sont désactivées ; il vous appartient de les activer si vous souhaitez les recevoir. Les alertes vous seront envoyées par e-mail ou SMS. Lorsque vous choisirez de recevoir des alertes, vous devrez sélectionner votre mode de contact préféré. En activant les alertes, vous consentez à leur envoi au format sélectionné (e-mail ou SMS) à l'adresse e-mail ou au numéro de téléphone mobile que vous avez fournis.
You can unsubscribe from all alerts sent by SUN Commercial Bank, Ltd, à l'exception de certaines alertes que nous jugeons nécessaires concernant la sécurité de votre compte ou requises par la loi. Pour ne plus recevoir d'alertes, connectez-vous à votre compte bancaire en ligne ou mobile et désactivez les alertes dont vous souhaitez vous désabonner dans la section « Messages et alertes ».
It is your responsibility to update your profile if there is a change to the email address or mobile phone number used for sending alerts. We may send you new alerts without prior authorization if we suspect your account has been compromised or poses a risk.
You can unsubscribe from promotional communications. Please contact us to stop receiving promotional messages regarding our products and services.
7 Credit Consent and Information Exchange
You agree that in consideration of the opening of your account by SUN Commercial Bank, Ltd, nous puissions, de temps à autre, utiliser, donner, obtenir, vérifier, partager et échanger des informations de crédit et autres vous concernant avec, de ou avec des tiers, y compris les agences d'évaluation du crédit, les assureurs hypothécaires, les assureurs de créanciers, les registres et autres personnes avec lesquelles vous pourriez avoir des relations financières, ainsi qu'avec toute autre personne autorisée ou requise par la loi, au moment de votre demande et à tout moment pendant le processus de demande et de façon continue tant que vous êtes client, aux fins d'évaluer votre solvabilité actuelle et future et de maintenir votre historique de crédit.
8 Protection of Your Electronic Identification and Notification to Authorities
Vous vous engagez à garder votre identifiant électronique et vos questions et réponses de sécurité strictly confidentiels et à les utiliser exclusivement pour votre usage personnel. Vous vous engagez à ne divulguer à personne (y compris à un proche, un ami ou un représentant de la fonction publique) votre identifiant électronique ni vos questions et réponses de sécurité.
You are responsible for protecting your electronic identification and all its components to prevent any unauthorized use. You will find tips to protect your electronic identification on our website, in the "Security", "Secure Browsing", and "SMS Scams and Other Internet Fraud" sections.
You must notify us immediately by telephone as soon as you become aware of any of the following:
- Your electronic identification has been disclosed to, or obtained by, another person or may be known to someone else;
- The occurrence of an unauthorized activity through our services; or
- The loss, theft, or misuse of an electronic device you registered with us for the Services.
Our customer advisors are available during business hours. Contact us for assistance.
9 Electronic Communications and Enforceability of Instructions
Communicating with Us
Any electronic communication received from you or on your behalf by electronic means will be deemed duly authorized by you and will have the same legal validity as a communication signed by you and accompanied by a paper version. You agree that copies of your electronic communications with us may be used as evidence in the event of a dispute.
Instructions
You acknowledge that each instruction you transmit to us electronically is final. You agree that we may rely on your instructions as if you had provided us with a paper copy. You agree to be responsible for electronic transactions conducted in accordance with your instructions, as well as for any losses that may arise therefrom. Our records of your instructions will be binding on you in the event of a dispute, including in any legal proceeding, unless you provide clear evidence that our records are erroneous or incomplete.
You agree that we may refuse to execute an instruction if we suspect it does not originate from you, is inaccurate or imprecise, has not been duly authorized by you, or was provided for unlawful purposes. Our liability will not be engaged if we refuse to execute an instruction under these circumstances.
10 Your Liability (Cases of Non-Reimbursement by the Bank)
We are not liable for losses incurred by your account(s) and we will not reimburse you if:
- You do not follow all tips in the Privacy and Security section of our website;
- You do not comply with any of your obligations under this section, this agreement, or alert messages, or you fail to comply with any instructions we may provide to you in connection with online and mobile banking services;
- You are not subscribed to receive electronic alert messages from SUN Commercial Bank, Ltd ;
- You do not read our disclosure documents;
- You fail to ensure that two-step authentication has been implemented for any electronic device used to access online and mobile banking services;
- You engage (alone or with others) in fraudulent, criminal, or dishonest acts related to online and mobile banking services;
- You access online and mobile banking services via an electronic device that you know or reasonably should know contains software capable of revealing to anyone, or otherwise compromising, your electronic identification, your security questions, or an Interac e-Transfer® security question and answer;
- You access online or mobile banking services via an unsecure connection;
- You perform a transaction and that transaction results from an error, omission, inaccuracy, or other insufficiency in data or information provided by you to us;
- You choose to share your electronic identification information or your security questions and answers pursuant to this agreement, including those in the "Protection of Your Electronic Identification and Notification" section; or
- You consent to, contribute to, or authorize a transaction in any way.
Periodic Account Verification: It is your responsibility to regularly check your SUN Commercial Bank, Ltd accounts to confirm that you authorized the transactions appearing on them. If, after thirty (30) days, you have not informed us that a transaction was not authorized, the Bank may consider it authorized.
11 Security Management: PAC Reset, Lockout & OTP
PAC Reset
If you wish to reset your PAC, a reset feature is available online in the "Account Preferences" section. If you have forgotten your PAC, you must contact us by phone so that we can reset it for you. You will be asked a few questions to allow us to verify your identity. Once you have answered the questions correctly, you will be able to reset your PAC.
Account Lockout
You have a limited number of login attempts to your account before it is locked out. If your account is locked out, you will only be able to access it the next day. In this case, you can contact us by phone so that we can reset it. Please note that even if we reset your access code, you will still not be able to access your account until the next day.
Use of Computer or Device
You can register your electronic devices on your profile if you wish. If you attempt to log in to your account from a new electronic device, one or more questions will be asked to verify your identity and thus prevent unauthorized access to your account and guarantee the confidentiality of your information. You must enable this feature by clicking "Remember this computer" upon your first login from a new electronic device.
Only register a mobile device or a computer if it belongs to you or if you are the only person using it (for example, your personal or work computer). Do not register shared computers (for example, computers shared at work or in public libraries).
One-Time PAC ("OTP")
An OTP code is a unique access code for your account, usable only once. We may send you an OTP code to complete your login to your account or when you request a reset of your PAC. After your initial access with an OTP code, you will be required to enter a permanent PAC.
12 Usage Restrictions and Mandatory Logout
When conducting online or mobile banking operations, you agree not to:
- Disassemble, reverse engineer, decompile, or otherwise attempt to obtain the source or object code of the online banking or mobile banking application, application infrastructure, or any part thereof;
- Alter, attempt to bypass, destroy, obscure, conceal, modify, or remove any notices (including proprietary rights notices), proprietary codes or locks, identification means, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in, or in connection with the application;
- Copy, reproduce, modify, sell, rent, distribute, create derivative works, translate, sublicense, or commercially exploit in any manner the mobile application, application infrastructure, or any part thereof, except as expressly provided in these general terms and conditions;
- Attempt to gain unauthorized access to the online banking or mobile banking application infrastructure;
- Interfere with or disrupt the integrity or performance of an online banking or mobile banking application or its infrastructure;
- Provide the Bank or any third-party service provider with any content containing computer viruses, worms, time locks, logic bombs, or other harmful components; or
- Grant access to the online banking or mobile banking application infrastructure to any person without the prior written consent of the Bank, except as expressly provided by these general terms and conditions.
Logging Out
You must always log out of your banking session by clicking the "Log Out of Online Banking" link. Simply closing your browser window is not sufficient to securely end your banking session.
13 Our Obligations and Guarantees of the Bank
Communicating with You
We will never ask you electronically to provide your PAC or any other identification information. However, you should always avoid sharing personal or confidential information, including your login ID and your PAC, with anyone who contacts you.
Monitoring and Recording of Communications
You agree that we may record telephone calls and retain records of electronic communications to ensure service accuracy, for security, training, mutual protection, and to improve our customer service.
Use of Information / Accuracy
While we make every effort to ensure the accessibility and proper functioning of our online banking, mobile banking, and website services, as well as the accuracy and currency of the information they contain, we provide these services "as is", without any warranty, express or implied. We cannot guarantee the continuous availability of the services or website, their suitability for your needs, the absence of access interruptions, delays, failures, errors, omissions, or loss of transmitted information, the compatibility of the software used with your system, the absence of viruses or other contaminating or destructive elements, or the absence of damage to your computer system.
We reserve the right to modify at any time and without notice the information, documents, and content on the pages of the website. You agree to regularly review this agreement; your continued use of the services constitutes acceptance of modifications.
We strive to keep interest rates up to date, but these rates are subject to change without notice and the website may not immediately reflect these changes.
Withdrawal of Access
We may terminate this agreement with you or withdraw your access to online or mobile banking services at any time, without notice, in which case the account agreement will continue to apply to your prior access.
Modifications to This Agreement and Services
We may modify this Agreement at any time, without notice, unless required by law. In the event of a modification, a notice will be posted on our website. Your use of our online or mobile banking services after the posting of such notice constitutes acceptance of the modified Agreement. If you do not accept a modification to this Agreement, you must inform us and immediately cease using the Services.
You acknowledge that we may add, remove, and modify any part or feature of the Services, including online banking, mobile banking, and the website, without notifying you beforehand.
No Personalized Financial Advice
The information contained on this website is general in nature and under no circumstances constitutes personalized financial, tax, legal, or accounting advice. It is strongly recommended that you consult a qualified professional before acting or taking any decision based on this information; you will then be advised to refer to an expert who can evaluate its relevance to your personal situation.
Bank Liability – General
Subject to the provisions of the "Security" section below, the Bank's liability to you is limited to direct damages resulting from fraud, gross negligence, or willful misconduct on its part, arising directly from the performance of its contractual obligations.
SUN Commercial Bank, Ltd disclaims all liability for losses, regardless of the cause, resulting from your use of the Services, including damages related to the installation, use, or maintenance of your computer, hardware, or software, or in the event of a reduction or interruption of service attributable to a third-party provider, such as a communications network. The Bank shall not be held liable for third-party claims or losses of any nature, including lost profits and punitive or consequential damages.
14 Security Guarantee and Protection Against Losses
100% Fraud Protection
In the event of unauthorized activity on your account via our online and mobile banking services, you are protected and will be fully reimbursed for any direct financial loss suffered by your account, provided you have met all your obligations under the Account Agreement and these General Terms and Conditions for Online and Mobile Banking Services, as amended from time to time, and that you comply with all alerts or other instructions we may communicate to you regarding these services.
In no event, even in the case of negligence on our part, shall we be liable for any loss of data, or for any indirect, consequential, special, aggravated, punitive, or exemplary damages, in whole or in part (including any business interruption, loss of profits, data, information, opportunities, revenues, goodwill, or any other commercial or economic loss), suffered by you, regardless of the cause, even if we have been advised of the possibility of such damages.
15 Applicable Law, Jurisdiction, and Trademarks
Applicable Law and Jurisdiction
The laws of Ontario and the laws of Canada applicable in Ontario, excluding any rule or principle relating to conflicts of laws that might provide otherwise, govern this agreement. You irrevocably submit to the jurisdiction of the courts of Ontario in the event of a dispute relating to this agreement.
Legal Notices & Language
All products and services offered are only available in jurisdictions where their sale is authorized. You and we have expressly requested that this agreement and all related documents, including notices, be drafted in French (and English).
The general terms and conditions of all banking products and services remain in effect, except for express modifications provided for by this agreement.
Trademarks and Copyrights
Product names, words, titles, phrases, logos, icons, graphics, designs, or other content appearing on the website pages or in our online and mobile banking applications may constitute trade names, trademarks, or service marks of the bank registered in Canada.
SUN Commercial Bank, Ltd™ is a trademark of the bank.
Interac e-Transfer® is a trademark of Interac Inc., used under license.
Contact us
Our security measures include a team of customer service representatives available to assist you during business hours:
SUN Commercial Bank, Ltd — Service à la clientèle
SUN Commercial Bank, Ltd
98 King St W, Toronto, ON M5H 1H1
Branch: 1 Place Ville-Marie, Montréal, QC H3B 2E7