INTERACe-TransferTMTerms and Conditions.note¶
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INTERAC e-Transfer TM Terms and Conditions
November 19, 2014
Please read the following and select "I Agree" to proceed.
Last revised: August 15, 2011. Changes from the previous version have been made to reflect the name change from INTERAC Email
Money Transfer toINTERAC e-Transfer TM.
Terms and Conditions on CIBC INTERAC e-Transfer
Your use of the Service is governed by these Terms and Conditions (the "Terms"). We may change the Service of these terms at any
time. We will notify you of a change to these Terms by posting a notice on our Web Site. Your use of the Service after we post the
notice means that you agree to the change and accept these Terms as amended. You may view this page at any time by selecting
"Terms and Conditions" from the "Status" page of the Service.
These Terms are in addition to the Electronic Access Agreement between you and CIBC as amended or replaced from time to time,
which you can view by selecting the link at the bottom of most Online Banking pages. However, if any of these Terms conflict with any
part of the Electronic Access Agreement, these Terms will prevail with respect to the Service.
In these Terms:
"Account" has the meaning given to it in the Electronic Access Agreement.
"Business" means a corporation, partnership, sole proprietorship, association or other entity.
"Business User" means, in addition to the meaning given to it in the Electronic Access Agreement, an individual that has been
authorized by a Business to send and receive Transfers.
"CertaPay" means CertaPay, a division of Acxsys Corporation, a corporation that supplies Services related to the System to CIBC and
other Participating Financial Institutions.
"Online Banking" has the meaning given to it in the Electronic Access Agreement.
"Participating Financial Institution" means a financial institution participating in the System, and includes CIBC.
"Person" means (i) an individual with online access to a personal bank account with CIBC or another Participating Financial Institution,
(ii) an individual with online access to a Business account with CIBC or another Participating Financial Institution, or (iii) the Business
itself.
"Recipient" means a Person who claims a Transfer, and "CIBC Recipient" means a Recipient who does so as a customer of CIBC.
"Sender" means a Person who instructs a Participating Financial Institution to send a Transfer, and "CIBC Sender" means a Sender
who does so as a customer of CIBC.
"Service" means the service available to CIBC customers through CIBC Online Banking that uses e-mail (and other forms of
communication) to send and receive money transfers.
"System" means the system for sending and receiving Transfers operated by CIBC and other financial institutions.
"Transfer" means a money Transfer sent or received using the Service.
"you" and "your" means the CIBC Sender or CIBC Recipient, using the Service, subject to the expanded definition of “you” and “your”
that applies in the circumstances set out in Section 28.
"Web Site" means the Web site operated by CIBC or a CIBC affiliate through which you sign on to Online Banking, or otherwise access
the Service.
The Service is available only for Transfers in Canadian funds.
CIBC charges the following fees to CIBC Senders and CIBC Recipients:
Terms and conditions
Fees and charges
Transfer Limits
Terms
Definitions
Canadian funds only
Fees
To CIBC Sender to initiate a Transfer (usual withdrawal fees if any associated with CIBC Sender's account are additional)
...$1.50
To CIBC Sender to stop payment on a Transfer...$3.50
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Other Participating Financial Institutions and CertaPay may charge fees to their customers as Senders or Recipients.
CIBC will not send any Transfer that is less than $10.00.
CIBC may set limits for the amount of money you are allowed to send and receive using the Service, and CIBC may block attempts to
send or receive Transfers that exceed such limits. CIBC may also change such limits at any time, and from time to time, without prior
notice to you. Other Participating Financial Institutions and CertaPay may also set limits for sending and receiving an Interac e-
Transfer. CIBC shall not be responsible or liable for any losses or damages that you or any other Person may incur arising from such
limits set by CIBC, CertaPay or any other Participating Financial Institution or changes to such limits.
Limits set by CIBC for sending:
and in the case of a Business, these limits apply to the sum total of all Transfers initiated on behalf of the Business in the applicable
period.
Limits set by CIBC for receiving:
and in the case of a Business, these limits apply to the sum total of all Transfers received on behalf of the Business in the applicable
period.
As a CIBC Sender, when you initiate a Transfer, CIBC immediately withdraws the Transfer amount from the account which you
designate. Then, within about 30 minutes, CIBC causes an email notice to be sent to the email address you provide. The email notice
will identify you as the Sender and disclose your email address, the Transfer amount, the name of the Recipient, and that you are using
the services of CIBC. CIBC holds the Transfer amount until CIBC has notice that the Recipient has claimed the Transfer (including
answering the Security Question as set out below), or you stop payment on the Transfer, or (if permitted) you reclaim the Transfer
amount. (See section 15 regarding reclaiming a Transfer amount.) CIBC will not pay interest on the Transfer amount to either the
Sender or the Recipient.
To send a Transfer, a Sender must provide a security question (the "Security Question") and answer. To prevent unauthorized access
to the Transfer, the answer to the Security Question must be something known only to the Sender and the Recipient. CIBC will not be
responsible or liable for any losses or damages incurred by a Sender or Recipient if the Sender creates a Security Question the answer
to which can be easily obtained or guessed by a Person other than the Recipient.
To claim or decline a Transfer, a Recipient must provide the correct answer to the Security Question. A Recipient who does not provide
the correct answer to the Security Question will not be allowed to claim or decline a Transfer.
Each new Security Question and answer you provide as a CIBC Sender for a Transfer to a Recipient, replaces the Security Question
and answer for all earlier Transfers pending from you as a CIBC Sender to that Recipient.
CIBC and all other Participating Financial Institutions are entitled to pay the Transfer amount to any Person who, using the online
banking service of CIBC or another Participating Financial Institution, claims the Transfer as the Recipient and correctly answers the
Security Question, whether or not that person is the person intended as Recipient by the Sender.
Similarly CIBC, CertaPay and CertaPay's agent are entitled to pay the Transfer amount to anyone who, using the CertaPay website,
claims the Transfer as the Recipient and correctly answers the Security Question, whether or not that person is the person intended as
Recipient by the Sender.
To CIBC Recipient to receive a Transfer using CIBC Online Banking (usual deposit fees if any associated with CIBC
Recipient's account are additional)... NO FEE
Limits for sending or receiving Transfers
CIBC may block a Transfer by a CIBC Sender if it exceeds $2,000 or if the total of all Transfers initiated by that Sender
exceed any of
$2,000 in any 1-day period
$5,000 in any 7-day period
$10,000 in any 30-day period
CIBC may block a Transfer sent to a CIBC Recipient if the total of all Transfers received by that CIBC Recipient exceed any of
$10,000 in any 1-day period
$70,000 in any 7-day period
$300,000 in any 30-day period
Sending notice you have initiated a Transfer and withdrawal of the Transfer amount
Security Question
CIBC and others are entitled to rely on the Security Question
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CIBC will not be liable for losses incurred by Senders or Recipients as the result of the misuse, improper communication or improper
disclosure of the answer to the Security Question.
As a CIBC Sender you agree (a) that you will keep the answer to each Security Question secret and will disclose it only to the
Recipient, and (b) that you will not use email or any optional message that may accompany the Transfer to send the Recipient the
answer to the Security Question.
As a CIBC Recipient you agree that you will keep the answer to the Security Question secret and disclose it only as required to claim
the Transfer.
A Recipient may claim or decline a Transfer:
A Recipient who wishes to claim or decline a Transfer using the online banking service of CIBC or another Participating Financial
Institution will be required to accept the terms and conditions presented by that financial institution for its online banking service.
A Recipient who wishes to claim or decline a Transfer using the CertaPay payment service provided through CertaPay will be required
to accept the terms and conditions presented by CertaPay for the payment service.
If a Recipient declines a Transfer you have initiated as a CIBC Sender, you will be sent an email notice that the Recipient has declined
it, and the Transfer will no longer be available to the Recipient, and you may reclaim the Transfer amount.
A Recipient who successfully claims a Transfer (including answering the Security Question) using the online banking service of CIBC or
another Participating Financial Institution should generally receive funds within minutes. A Recipient who successfully claims a Transfer
(including answering the Security Question) using the CertaPay payment service should generally receive funds within 3 to 5 business
days. However, the actual time to receive funds through either process will vary and may take significantly longer depending on the
circumstances, and CIBC makes no representation or warranty regarding the maximum time required to complete a Transfer.
A Recipient has 30 days from the time a Transfer is initiated by a Sender to claim the Transfer (including answering the Security
Question), after which the Transfer will expire. An e-mail notice will be sent to you if a Transfer you send as CIBC Sender expires.
When you receive the notice, you may reclaim the Transfer amount by selecting the specific Transfer from the "Status" page of the
Service and following the instructions for reclaiming.
A notice will be sent to you if, after one or more attempts, the e-mail address you as CIBC Sender provide for a Recipient does not
accept the e-mail message. When you receive the notice, you may reclaim the Transfer amount, or if the Transfer has not expired, you
may readdress it by selecting the Transfer from the "Status" page of the Service and following the instructions for readdressing.
Readdressing the Transfer restarts the 30 days allowed to the Recipient to claim the Transfer before it expires.
If a Recipient claims a Transfer (including answering the Security Question) from a CIBC Sender using the CertaPay payment service
but provides information for CertaPay or its agent to pay the funds into the Recipient's bank account which is insufficient or incorrect,
CertaPay or its agent may do any of the following:
If the Recipient fails to cash a cheque sent by CertaPay within a time limit set by CertaPay, CertaPay or its agent may return the
Transfer amount to CIBC. The Transfer amount (less CertaPay charges) would then be returned to the CIBC Sender.
No interest will be paid to the CIBC Sender for the period that the Transfer amount was held by CertaPay or CertaPay's agent. CIBC
will not pay interest for the period the Transfer amount was not in your account.
CIBC may cancel a Transfer (without liability to the Sender or Recipient) at any time before the Recipient has claimed the Transfer
(including answering the Security Question), if CIBC has reason to believe that the Sender or Recipient is engaging in fraudulent,
unlawful or improper activity, or that an error or mistake has occurred.
Claiming or declining a Transfer
using the online banking service of CIBC,
using the online banking service of another Participating Financial Institution, or
using the CertaPay payment service.
Time required to complete a Transfer
Time limit for a Recipient to claim a Transfer
If Recipient's email address does not accept messages
If a Transfer cannot be paid to a Recipient who uses the CertaPay payment service
request additional or corrected information from the Recipient, or
send a cheque for the Transfer amount to the Recipient at the street address provided by the Recipient to CertaPay
CIBC may cancel a Transfer
Reclaiming a Transfer amount
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A Transfer amount that is available to you as CIBC Sender to reclaim will not be automatically re-deposited to your account. You may
reclaim the Transfer amount by selecting the specific Transfer from the "Status" page of the Service and following the instructions for
reclaiming. CIBC will not pay interest for the period the Transfer amount was not in your account.
As a CIBC Sender you may request that CIBC stop payment on a Transfer (by selecting the Transfer from the "Status" page of the
Service and following the instructions for stopping payment) at any time before the Recipient has claimed the Transfer (including
answering the Security Question). You will be bound by any additional terms that are presented to you at the time of the stop payment
request. If the stop payment is successful, the amount of the Transfer will be automatically deposited into the account indicated by you
as part of the request. CIBC will not pay any interest on the Transfer amount returned to you as a result of a stop payment request for
the period the Transfer amount was not in your account.
As a CIBC Recipient, you agree that a Transfer may be stopped at any time by the Sender before you have claimed the Transfer
(including answering the Security Question).
You agree to provide CIBC with a correct and operational email address for you and to notify CIBC promptly of any changes to your
email address. You may notify CIBC of changes to your email address through the "Edit My Profile" page of the Service. CIBC and its
suppliers will use the email address you supply for the purpose of communicating with you regarding the Service and will not be
responsible for any failure to communicate with you because you have failed to provide CIBC with a correct and operational email
address. Changing your email address for the Service may change your email address for other CIBC services or communications.
As a CIBC Sender you are responsible for providing a correct and operational email address for the Recipient, and for notifying CIBC
promptly of any change to the email address of a Recipient. A CIBC Sender may notify CIBC of a change to the Recipient's email
address through the "Edit My Recipient Profile" page of the Service. CIBC will not be liable for any loss resulting from a failure to
complete a Transfer or a misdirected Transfer that occurs as a result of the CIBC Sender's failure to provide a correct and operational
email address for the Recipient. You agree not to provide the Recipient's email address (and not to initiate a Transfer to the Recipient)
unless the Recipient has consented to you giving his or her email address to CIBC, other Participating Financial Institutions and
CertaPay, and their respective suppliers and agents.
Personal information collected by CIBC relating to the Service, including e-mail addresses of individuals who are CIBC Senders and
CIBC Recipients, will be treated in accordance with CIBC's privacy policies, as described in Your Privacy is Protected (select link below
to view). CIBC will share the personal information of CIBC Senders and CIBC Recipients with other Participating Financial Institutions,
with CertaPay, and with CertaPay's suppliers and agents, for purposes of operating the Service.
For clarity, the limitations of liability set out in the Electronic Access Agreement apply to these Terms and your use of the Service.
In addition to the exclusion of CIBC’s liability in certain cases under the Electronic Access Agreement, CIBC will not under any
circumstances be liable to you for any losses, including direct, indirect, incidental, special, punitive or consequential losses or
damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or
unforeseeable loss, resulting from:
These limitations apply to any act or omission of CIBC or its officers, directors, affiliates, agents or suppliers, whether or not the act or
omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law, and even if CIBC were
advised of the possibility of damages or were negligent.
Stopping payment on a Transfer
Correcting your email address
Providing the email address of a Recipient
Use of information
Your Privacy Is Protected
Limitation of liability
No liability in certain cases
An act or omission of a third party, including a Participating Financial Institution or CertaPay
Sender or Recipient error
A situation in which the Service is unavailable for any reason, or is available but subject to delays or errors
Payment made to an individual or business who correctly answers the security question even if that individual or business
was not the recipient intended by the Sender
The circumstances where we have indicated that we will not be liable or responsible or that you are responsible in Sections 5,
6, 7, 8, 10, 13, 15, 16, 17, 18, 23, 24, 25 and 27 of these Terms.
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You agree that you will not misrepresent your identity or attempt to impersonate any Person for the purpose of sending or receiving
Transfers through the Service. You will not use the Service for any purpose that is unlawful, fraudulent or contrary to these Terms, nor
in any manner that could undermine the security or integrity of the Service.
You are responsible for reviewing the status of Transfers you send or receive (by examining the "Status" page of the Service). You
agree to bring any errors or discrepancies that you discover to the attention of CIBC as soon as possible, by calling the following phone
number: 1-800-465-2422.
A Transfer is independent from any transaction between the Sender and Recipient to which it may relate, and CIBC will have no
obligations arising from such transaction even if it has knowledge of it. Without in anyway limiting the generality of the foregoing, if you,
as a CIBC Sender or CIBC Recipient, use the Service to facilitate payment or receipt of payment for goods or services, debts or other
obligations, gifts or donations or any other transaction between you and a Recipient (including a CIBC Recipient) or Sender (including a
CIBC Sender), you must settle directly with such Recipient or Sender any disputes or claims you may have arising from such
transaction. CIBC will have no responsibility or liability for any such disputes or claims, including, without limitation, any disputes or
claims arising from (i) errors or omissions made by a Sender or Recipient in connection with using the Service, (ii) a Recipient not
giving credit to, or acknowledging payment from, a Sender in respect of a Transfer made by the Sender to the Recipient, (iii) a
Recipient imposing additional charges (such as late fees or interest penalties) or taking any other action, or (iv) bill or invoice payment
or other payment credit processing delays by a Recipient or other Person.
An optional message included by a Sender with a Transfer will not be examined by CIBC. CIBC assumes no responsibility for the
contents of the optional message. No communication should be addressed to CIBC or any Participating Financial Institution or
CertaPay using the optional message field.
You agree that CIBC and its suppliers own all copyright, trademark, patent and other intellectual property rights in the Service.
These Terms apply whenever you, as CIBC Sender or CIBC Recipient, use the Service for any Transfer. However, nothing in these
Terms obliges CIBC to provide the Service to you for any particular Transfer, even if CIBC has done so in the past. CIBC may modify or
discontinue the Service, or cancel or suspend your access to the Service, at any time without notice and without liability to you. CIBC is
entitled to block, stop or cancel Transfers without liability to you. If the Electronic Access Agreement between you and CIBC is
terminated for any reason, CIBC may refuse to provide the Service to you.
CIBC may strictly enforce these Terms at any time, even if it has not done so in the past. Failure to enforce any part of these Terms will
not be considered a waiver. Residents of Quebec only: You have agreed that these Terms and any related documents are to be in
English. Vous avez convenu que ces modalités et tous les documents s'y rattachant soient rédigés en anglais.
If the Service is used by or on behalf of a Business:
Misrepresentation, fraud or unlawful act
Your responsibility for reviewing the status of Transfers
Independence of Transfers from other transactions
Optional message field
Intellectual property rights
CIBC may refuse to provide service
No waiver
Business Use
only Businesses with a sole authorized signatory are permitted to send Transfers under the Service and the use of the Service
by any individual other than the sole authorized signatory of the Business constitutes a breach of these Terms and of the
Electronic Access Agreement and, for clarity, your indemnity obligations set out in the Electronic Access Agreement will apply;
"You" and "your" will mean both the Business and you as an individual Business User, wherever these terms are used
throughout these Terms; and
each provision of these Terms will apply to both the Business and to you as an individual Business User, unless the language
of the provision refers only to the Business.
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