Debit Card Agreement

Debit Card Agreement

This debit card agreement (this "Agreement"), as amended from time to time, sets out the terms that apply when you use your Debit Card, whether or not it is used together with your PIN. 

This Agreement applies to any Account designated for use in connection with your Debit Card. 

This Agreement replaces all prior agreements between you and us for your use of a Debit Card. Selecting a PIN, or signing, activating or using a Debit Card means that you have received, read and understand this Agreement and agree to its terms. You agree to use your Debit Card and PIN according to the terms of this Agreement and any other terms or conditions that we may advise you of from time to time. 

If you have any questions about our services, any Account or any of the information in this Agreement, you may contact your branch or office where your Account is held or you may call us at 1 (866) 900-DUCA (3822). 


1.      DEFINITIONS 
In this Agreement, the following terms will have the following meanings:

  1. "Account" means a deposit or loan account that you may have with us; 

  2. "ATM" means an Automated Teller Machine; 

  3. "Business Day"refers to regular weekdays only and excludes Saturdays, Sundays, bank holidays and federal or provincial statutory holidays; 

  4. "Debit Card" means your DUCA Debit Card and any other card we indicate to be subject to this Agreement when we issue it to you. Debit Card includes the use of your card number; 

  5. "DUCA" means DUCA Financial Services Credit Union Ltd. and its affiliates; 

  6. "including" means including but not limited to; 

  7. "Losses" means any loss to you or to us as a result of the unauthorized use of your Debit Card, including any withdrawal or transfer of funds, any debit or other Account activity; 

  8. "Member" a member of DUCA; 

  9. "Merchant" means a seller, lessor or service provider; 

  10. "PIN" means the confidential personal identification number for your Debit Card which is used in conjunction with your Debit Card to confirm your identity and to authorize Debit Card transactions; 

  11. "Point-of-Sale Transaction" means the use of your Debit Card and its associated PIN for any of the following purposes as may be permitted from time to time by us: (a) the transfer of funds from your Account to purchase or lease goods or services from a Merchant; (b) the transfer of funds from your Account to obtain a voucher, chit, scrip, token or other thing that may be exchanged for goods, services, or money, or (c) the transfer of funds into my Account from an Account of a Merchant (e.g. a refund); 

  12. "we", "us" and "our" means DUCA and its affiliates; and 

  13. "you" and "your" means the Member or Members with respect to whose Account or Accounts a Debit Card is issued.



2.      PURPOSE AND FUNCTION OF YOUR DEBIT CARD

  1. You may use your Debit Card for any purpose we agree to, including:

    1. Point-of-Sale Transactions; 

    2. to make a cash withdrawal, a bill payment, a deposit, or to transfer funds from one Account to another at a banking machine; and 

    3. to help identify you when you are requesting a service from us or to authorize the transactions you do with us at our branches and/or through our telephone, online and mobile banking services
  2. Amounts credited to an Account as a result of deposits using your Debit Card will not be available for withdrawal until the deposits are verified and negotiable items such as cheques are honoured. Withdrawals or transfers affected by the use of your Debit Card will be debited to your Account as of the time they are made. 

  3. We will set one or more limits that will apply to your use of your Debit Card. We may change any of these limits, with or without notice to you. Some of these limits will be daily limits – the maximum amount you can withdraw in cash, or the limit for purchases or other transfers from your Accounts using your Debit Card on any one day. We will tell you what your current limits are when we send your Debit Card to you. Where possible, we will allow you to choose the limits that best meet your needs, within a range of applicable limits that we will set. 

  4. If your Debit Card is used in connection with a transaction in foreign currency, the transaction will be converted into Canadian currency using the applicable foreign currency exchange rate in use by us for settling foreign currency transactions at the time of the transaction. 

  5. You agree that you will not deposit any coins, non-negotiable items or anything not acceptable for deposit to your Account into any ATM, and you will indemnify us for any Losses suffered by us as a result of any such deposit. 

  6. You agree that you will not use your Debit Card and PIN for any unlawful purpose, including the purchase of goods and services, prohibited by the local law applicable in your jurisdiction. 

  7. This Agreement, and the fact that you have the use of a Debit Card, does not give you any credit privileges or any entitlement to overdraw your Account, except as provided by separate agreement with us. 

  8. On 30 days written notice, we may add to or delete from the types of use that are permitted, and the issuance of the Debit Card does not amount to a representation or a warranty that any particular type of use is available or shall be available at any time in the future.



3.      INSTRUCTIONS 

We will treat your PIN as your authorization whenever it is used with your Debit Card, and any instructions received or transactions done using your Debit Card with your PIN will have the same legal effect as if you signed a written direction to us. 


4.      SERVICE FEES

  1. You agree to pay all service fees or other charges required by us which are applicable to transactions made using a Debit Card or PIN. We may, from time to time, establish or change such service fees or other charges on 30 days notice to you. 

  2. When you use your Debit Card, you agree to pay any applicable service fee charged by a third party, including the service fees that may be imposed by any third party for using their ATM.



5.      EVIDENCE OF TRANSACTIONS

  1. All use of your Debit Card and PIN are subject to our verification and acceptance. This may take place on a date later than the date you use your Debit Card and will be in effect when transactions become effective. 

  2. Transaction records of your Debit Card and PIN use are issued to help you with your Account recordkeeping. Whether or not a transaction record is issued to you, it is your responsibility to verify that the transaction has been properly executed by checking the periodic statement or passbook entries itemizing transactions. 

  3. In the absence of evidence to the contrary, our records showing the use of your Debit Card and PIN and our determination of the details of that transaction, including our count and verification of the particulars of any Debit Card and PIN use, will be considered correct and binding on you. You must inform us of any mistakes within 30 days of the date of a disputed transaction, or such longer time period as may be required by an agreement between you and us for the operation of the Account to which the mistake relates.



6.      YOUR PIN

  1. We will advise you on how to select your PIN and how to change it. You must select a PIN that cannot be easily guessed. A PIN combination selected from your name, date of birth, telephone numbers, address or social insurance number can be easily guessed and must not be used. 

  2. We will also advise you on which Accounts you may access with your Debit Card and PIN.



7.      PIN CONFIDENTIALITY

  1. You are responsible for taking reasonable precautions to keep your Debit Card and PIN safe. 

  2. We have and will only disclose your PIN to you and to no one else. 

  3. You agree to keep your PIN confidential and separate from your Debit Card at all times. No one but you is permitted to know or use your PIN. If someone obtains your Debit Card and your PIN enabling them to be used together, you may be liable for their use of your Debit Card. 

  4. You agree that you will not use your PIN as your telephone or online access code. 

  5. You agree that you will always screen the entry of your PIN with your hand or body.



8.      LOST OR STOLEN DEBIT CARD

  1. You must tell us as soon as you are aware that your Debit Card is lost or stolen, or as soon as you suspect that someone else is using your Debit Card, or you suspect that your Debit Card is missing. 

  2. If you suspect that someone knows your PIN, immediately change it at any of our ATMs that allow you to make a PIN change, or at your branch, or call us and we will deactivate your Debit Card. 

  3. Regularly check your Account statements and balances to verify all transactions have been properly recorded. If entries do not accurately reflect your transaction activities, such as missing or additional transactions, you should visit your branch or contact us immediately. 

  4. You will not be responsible for any transactions resulting from the loss or theft of your Debit Card that are done after you tell us about the loss or theft.



9.      YOUR LIABILITY FOR LOSS

  1. You are responsible for all authorized use of a valid Debit Card. Where a Debit Card is issued on an Account which is in joint names, each Account holder is jointly and severally liable for all obligations of the Member and Losses that may result under this Agreement. 

  2. You are liable for all Losses that result from these situations: 

    1. You authorize someone else to use your Debit Card. 

    2. You make an entry error such as pressing the wrong key at an ATM or point-of-sale terminal. 

    3. You make fraudulent or worthless deposits or transfers.
  3. You are not liable for Losses resulting from circumstances beyond your control, including situations where: 

    1. the Losses result from technical problems, our errors or other system malfunctions; 

    2. we were responsible for preventing unauthorized use of your Debit Card such as when your Debit Card has expired or has been cancelled.
  4. Provided that you cooperate fully in any investigation that we or the public authorities may conduct regarding such unauthorized use, you are not liable for: 

    1. Losses that occur because of your unintentional contribution to someone else’s unauthorized use of your Debit Card; or 

    2. Losses that occur because you have been the victim of fraud, theft, or have been coerced by trickery.
  5. You are liable for Losses, but only up to the total of the daily limits applicable to the transaction on which those Losses occur, if you contribute to someone else's unauthorized use of your Debit Card by: 

    1. voluntarily disclosing your PIN to someone else; or 

    2. not telling us within a reasonable time when your Debit Card is lost, stolen or misused or that you suspect that someone else is using your Debit Card or knows your PIN.
  6. It is our responsibility to show on a balance of probability that you have contributed to someone else’s unauthorized use of your Debit Card. 

  7. Your liability for Losses may exceed your Account balance or available funds if the Account is a loan account, has overdraft protection or is linked with an Account that does. Your liability may also exceed your Account balance for Losses that result from fraudulent or worthless deposits being made at an ATM



10.      UNAUTHORIZED TRANSACTIONS

  1. In the event of a problem with a Debit Card transaction, or unauthorized Debit Card transaction, other than a matter related to goods or services provided by Merchants, you agree to report the issue promptly to us and we will investigate and respond to the issue on a timely basis. 

  2. We will not unreasonably restrict you from the use of any funds subject to dispute, provided that it is reasonably evident that you did not contribute to the problem or unauthorized transaction. 

  3. We will respond to your report of a problem or unauthorized transaction within 10 Business Days and will indicate what reimbursement, if any, will be made for any loss incurred by you. 

  4. Reimbursement will be made for Losses provided that, on the balance of probabilities, it is shown that you did not contribute knowingly to the problem or unauthorized transaction. 

  5. An extension of the 10 Business Day limit may be necessary if we require you to provide a written statement or affidavit to aid in our investigation. 

  6. If you are not satisfied with our response, we will provide you, upon request, with a written account of our investigation and the reasons for our findings. If you are still not satisfied, the issue will be referred to either a credit union system dispute resolution service or external mediator, as agreed between you and us. 

  7. Neither of us will have the right to start a court action until 30 days have passed since the issue was first raised by you with us.



11.      LIMITATION OF LIABILITY

  1. We are not responsible for problems you may have with anything you buy using your Debit Card for a Point-of-Sale Transaction. You must settle any such problem directly with the relevant Merchant. 

  2. We try to ensure that transactions are completed whenever you use your Debit Card for a purpose we have agreed to. However, we will not be liable to you for damages (including special, indirect or consequential damages) if an ATM or a Merchant does not accept your Debit Card or you cannot use your Debit Card for any reason, including where we cancel or temporarily de-activate your Debit Card or decline to authorize a transaction because we have detected activity in your Account or the use of your Debit Card that we consider to be unusual.



12.      CODE OF PRACTICE 

We have endorsed the voluntary Canadian Code of Practice for Consumer Debit Card Services, a copy of which is available on your request and we will be guided by the principles of the code in administering the operation of Debit Card matters. 



13.      MISCELLANEOUS

  1. Other Agreements. If there is a conflict between the terms and conditions of another agreement you may have with us and the terms and conditions of this Agreement, this Agreement will apply in respect of the DUCA Debit Card. 

  2. Gender and Number. In this Agreement, words importing the singular include the plural and vice versa; and words importing gender include all genders 

  3. Enurement. The terms of this Agreement apply to you, and shall bind you and your successors, heirs, executors, administrators and other legal representatives, successors and permitted assigns, as applicable. 

  4. Governing Law. This Agreement is governed by the laws of Ontario and the laws of Canada applicable in Ontario, excluding any principles of the conflicts of laws that would apply a different body of law. You submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario with respect to any matters arising from or related to this Agreement. 

  5. Notices. Any notice required or permitted to be given to us in connection with this Agreement must be in writing and must be addressed and delivered to us at the address or fax number of the branch or office where your Accounts are located. Any notice required or permitted to be given to you in connection with this Agreement may be given to you by delivering a written notice to your last known address, at such other address, email address, or fax number given by you to us, or, except as to confidential financial information specific to you, by posting notice at our branches or on our website, or by any other means that we, acting reasonably, consider appropriate to bring the notice to your attention. 

  6. Modification of Agreement. We may, in our sole discretion, amend the terms and conditions of this Agreement from time to time, for any reason, without any liability to you or any other person. If we do, we will let you know at least 30 days before the changes come into effect. You are responsible for regularly reviewing the terms and conditions of this Agreement. If you use your Debit Card after the effective date of a change it will mean that you agree to the amendment and adopt and are bound by the newer version of this Agreement. You may not change, supplement, or amend this Agreement by any means. 

  7. Termination. We may restrict your use of a Debit Card or end this Agreement at any time without telling you if you contravene any part of this Agreement or we suspect that your Debit Card is being used by someone else. In all other cases, you or we may end this Agreement at any time by giving notice in writing. If this Agreement has ended, your obligations continue until they have been completely satisfied. We will not be liable for any Losses or inconvenience that result from our restriction of your use of a Debit Card or our termination of this Agreement. Your Debit Card remains solely our property and you agree to return your Debit Card to us upon our request 

  8. Severability. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then: 

    1. such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision; and 

    2. such invalidity or unenforceability will not affect any other provision of this Agreement.
  9. Execution. This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. Use of your Debit Card or PIN shall be deemed to be acceptance of these terms and conditions as of the date of first use, or in the case of a modification of this Agreement, acceptance of the modified terms and conditions. 

  10. No Waiver. No waiver by us of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. We may, without notice, require strict adherence to the terms and conditions of this Agreement, despite any prior indulgence granted to or acquiesced in by us. 

  11. Choice Of Language. It is the express wish of the parties that this Agreement and any related documents be drawn up and if execution is required, to be executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en anglais. 

  12. Interpretation. This Agreement is intended to be interpreted in accordance with its plain English meaning. Except where otherwise indicated, capitalized terms are used in accordance with the definitions set out in the Canadian Code of Practice for Consumer Debit Card Services. 

  13. Receipt of Copy of Agreement. You acknowledge that it is your responsibility to print a copy of this Agreement and agree to keep a copy of this Agreement for your records. Upon your request, we will provide to you a copy of any changes to this Agreement or the revised Agreement.



#2064935 v2 | 4085796