UCU Virtual Banking Solutions

virtual high interest savings account/ucublu too no fee daily account and associated accounts and services

Operation of Account Agreement

Account No.__________________________________ (the "Account")*

(To be filled in by credit union as per authority below)

*The undersigned authorizes the Credit Union to fill in the Account number(s) upon the opening of the account and any related sub-accounts, all commencing with the same six digits, and all of which are referred to collectively as the "Account," and upon amendment of any Account operating terms or conditions. In the event the undersigned has previously entered into an Operation of Account agreement for the Account whose number was previously assigned by the Credit Union, and accepts the revised agreement below, then the terms and conditions of this agreement will replace and supersede all previous Operation of Account agreements.

IN CONSIDERATION of UKRAINIAN CREDIT UNION LIMITED (hereinafter called the "Credit Union") dealing with or continuing to deal with the undersigned (hereinafter called the "Member") in the way of its business as a Financial Institution, the Member agrees with the Credit Union that the operation of the Account shall be subject to the terms and conditions set out below:

Pre-Qualifying Info

Is your existing UCU account joint? {radio-1}

Personal Information

First Name: {name-1}

Last Name: {name-2}

Date of Birth: {date-1}

Current Information

Address: {name-5}

City: {name-6}

Province: {select-1}

Postal Code: {name-7}

Contact Information

Phone Number: {phone-1}

Best time to Call: {select-2}

Email Address: {name-8}

Joint Owner Information

First Name: {name-3}

Last Name: {name-4}

Date of Birth: {date-2}

Joint Owner's Address Information

Same as Applicant: {checkbox-2}

Address: {name-9}

City: {name-10}

Province: {select-3}

Postal Code: {name-11}

Account Information

Your existing ucublu or full service UCU account number: {name-12}

Account number(s) to which you currently have or intend to have direct deposit of your payroll or CPP & OAS? {checkbox-1}

Enrollment Information

Delivery of Records of Account

The Member instructs the Credit Union to provide to the Member Records of Account: {radio-2}

Joint Account Options

If the Account is an account held jointly by more than one member, the Member agrees that all funds standing to the credit of the holders of the Account, other than Registered Deposits and Term Deposits in the name of one or more, but not all of the account holders (if applicable) shall be held as: {radio-3}

Signing Authority for Transfers of Funds Out of the Account: {radio-4}

Article 1

WAIVER OF PROTEST

Subject to any specific instructions given to the Credit Union in writing by the Member,
1. the Member hereby waives in favour of the Credit Union every presentment, notice of dishonour and protest of all bills of exchange, promissory notes, cheques, orders for payment of money, drafts, securities, coupons, notes, bill payment remittances, bankers' acceptances and other similar instruments, whether negotiable or non-negotiable (all or any of which are hereinafter called "Instruments” or "Instrument” as the case may be) endorsed by the Member, now or hereafter delivered to the Credit Union or any branch thereof for any purpose whatsoever and the Member shall be liable to the Credit Union in respect thereof as if presentment notice of dishonour and protest had been duly made or given; and
2. if the Credit Union should consider it in the best interests of the Member or the Credit Union that any Instrument should be noted or protested because of any endorsement other than that of the Member, or for any other reason, then, at the discretion of any officer of the Credit Union, the Instrument may be noted or protested accordingly, but the Credit Union shall not be liable to the Member for any failure or omission to note or protest any such Instrument.

USE OF AGENTS

The Credit Union may use the services of any bank, credit union or agent as it may deem advisable in connection with its function as a Depository Business Agent of the Member. Such bank, credit union or agent is deemed to be the agent of the Member and the Credit Union will not, in any circumstances, be responsible or liable to the Member by reason of any act or omission of such bank, credit union or agent, however caused, in the performance of such services, or by reason of the loss, theft, destruction or delayed delivery of any Instrument while in transit to or from, or in the possession of, such bank, credit union or agent.

ASSIGNMENT OF CLAIM

The Member hereby transfers and assigns to the Credit Union all claims of the Member against the drawees of all and any Instruments discounted or deposited with the Credit Union, and in the event of any such Instruments being refused acceptance, the Member hereby authorizes the Credit Union to take at any time, in the name of the Member, any proceedings for the collection of the amount of such unaccepted Instruments as the Credit Union may see fit.

AUTHORITY TO CHARGE ACCOUNTS

1. The Member shall pay the Credit Union forthwith after demand therefor any indebtedness or liability to the Credit Union in connection with or arising out of the operation of any account of the Member together with interest thereon as agreed.
2. The Credit Union may charge against the Account the amount of any Instrument cashed or negotiated by the Member for the Member or credited to the Member's account for which payment is not received by the Credit Union. Any expenses incurred by the Credit Union in connection with a dishonoured or unpaid Instrument may be charged to the Member's account.
3. Should any Instrument received by the Credit Union for the account of the Member by way of deposit, discount, collection or otherwise be lost or stolen or otherwise disappear from any cause whatsoever, other than negligence on the part of the Credit Union or destruction within the context of a truncation scheme employed by other financial institutions, the Credit Union may charge the account of the Member with the amount of such Instrument and the Member agrees to pay the same.
4. The Member acknowledges that digital or electronic representations of cheques and other instruments, or the relevant information from the cheque or Instrument, may be made or captured and used by financial institutions involved in the exchange and clearing of payments in Canada and a representation or information for all purposes as if it were the paper item.
5. The Member acknowledges that the Credit Union and other financial institutions may reject any cheque or other Instrument that does not comply in all respects with all applicable laws, regulations, rules and standards of the Credit Union and/or the Canadian Payments Association.

The Credit Union may make a reasonable service charge against the account of the Member for the operation of the account, and may debit the account from time to time with the amount of such charge. A list of the Credit Union's current service charges is available at every branch of the Credit Union, on request.

ACCOUNT DETAILS

Upon enrolment under this agreement, the Member will have use of three separate sub-accounts: ucublu High Interest Savings Account, ucublu regular savings account, and ucublu too No Fee Daily Account, the terms and conditions of all three of which are set out, respectively, in 5A, 5B and 5C below.

UCUBLU HIGH INTEREST SAVINGS ACCOUNT IS A DEPOSIT ACCOUNT ONLY

5A. The Member agrees that the ucublu High Interest Savings Account is exclusively a deposit account. The funds on deposit in the ucublu High Interest Savings Account shall be held on a demand basis, or on any such other basis as the Credit Union may from time to time permit. The Member is not permitted to make cash withdrawals or payments from the ucublu High Interest Savings Account through any means whatsoever, including, but not limited to, withdrawal slips or vouchers, the drawing and delivery of cheques, automated debits, electronic bill payments or the use of a debit card. Once funds are deposited into the ucublu High Interest Savings Account, the Member may use such funds only by transferring them by internet or telephone banking, or via the Credit Union Call Centre, to another account at the Credit Union with respect to which the Member has chequing privileges. The Credit Union agrees to pay interest on the deposit balances shown on the records of the ucublu high interest savings account Account at a rate or rates published from time to time by the Credit Union.

UCUBLU REGULAR SAVINGS ACCOUNT IS A DEPOSIT ACCOUNT ONLY

5B. The provisions set out in 5A apply to the ucublu regular savings sub-account, with necessary modifications.

UCUBLU TOO NO FEE DAILY SAVINGS ACCOUNT

5C. The funds on deposit in the ucublu too No Fee Daily Account shall be held on a demand basis, or on any such other basis as the Credit Union may from time to time permit. The Member is not permitted to make any cash deposits to or withdrawals or payments whatsoever from the ucublu too No Fee Daily Account through the counters of the credit union, however the Member is permitted to otherwise to make deposits to and withdrawals/payments from the sub-account by the drawing and delivery of cheques, automated debits, electronic bill payments or the use of a debit card. The Credit Union agrees to pay interest on the deposit balances shown on the records of the ucublu too No Fee Daily Account at a rate or rates published from time to time by the Credit Union. No deposit or withdrawal may be made at the counters of the credit union which indirectly facilitates a withdrawal or deposit to the ucublu too No Fee Daily Account. Cheques issued for use in conjunction with the ucublu No Fee Daily Account may not be deposited to any account that the Member (the drawer) has with the Credit Union.

INFORMATION STORAGE

1. All information relating to the account of the Member may be recorded or stored by the Credit Union in such forms and by means of such devices as the Credit Union may see fit. The Credit Union is under no obligation to retain original paper cheques or vouchers for amounts charged to the account.
2. The Credit Union may use the services of any electronic data processing service bureau or organization in connection with keeping any account of the Member. The Credit Union shall not be liable to the Member by reason of any act or omission of such service bureau or organization in the performance of the services required of it.

VERIFICATION OF ACCOUNT

Delivery by the Credit Union to the Member of a statement of the Member's account together with digital images of the vouchers for amounts charged to the account appearing in the statement (or, alternatively, the digital data of the essential features of such vouchers) (collectively, a "Record of Account"), in accordance with one of the methods described in section 8 below. The Member will examine his own account records and check the credit and debit entries with the information provided and, within thirty days of the Delivery thereof to the Member, will notify the Credit Union of any errors, irregularities or omissions therein or therefrom; and at the expiration of the said thirty days (except as to any errors, irregularities or omissions of which the Credit Union has been so notified) it shall be conclusively settled as between the Credit Union and the Member that such statement and the amount of the balance shown thereon is correct and the said vouchers are genuine and properly chargeable to and charged against the Member's account and that the Member was not entitled to be credited with any sum not credited in the said statement.

STAMPED OR PRINTED ENDORSEMENTS

The Member, having adopted a rubber stamped and/or a printed endorsement, authorizes the Credit Union to accept an impression of the said stamp or other similar stamp or the printed endorsement as a sufficient endorsement by the Member of all Instruments deposited to the credit of the account of the Member at the Credit Union or which may from time to time be pledged as collateral security by the Member or discounted by the Credit Union for the account of the Member. The Member shall be bound by all such stamped or printed endorsements as amply and effectually as if such endorsements were written by or with the authority of the Member; and the Member shall hold the Credit Union at all times fully indemnified from all claims and demands in respect of all Instruments bearing such stamped or printed endorsements, whether by reason of such stamped or printed endorsements having been made without authority or otherwise.

INTERPRETATION

The expression "the account" or "the member's account" used in this Agreement shall mean the ucublu High Savings Account, the ucublu regular savings account, and the ucublu Too No Fee Daily Account of the Member, but, if there should be insufficient funds in the said account to pay any Instrument drawn upon this account or to pay any charges which the Credit Union is authorized to charge under the provisions of this Agreement, then the said expression shall mean any other account which the Member may have at any branch or agency of the Credit Union and the Credit Union is authorized to charge such account with the amount of such Instrument or of such charges.
In construing this Agreement, the word "Member" and "you, your and yours" shall be binding on as agreeing with the substitution. If there is more than one Member, their obligations shall be joint and several. All rights of the Credit Union hereunder shall enure to the benefit of its successors or assigns; and all obligations of the Member shall bind their heirs, executors and administrators and their successors and assigns.

AMENDMENTS

The Member agrees that the Credit Union can add to or change the terms and conditions of this Agreement from time to time. The Credit Union promises to give the Member at least 30 days notice of any such additional or amended terms and conditions. The 30-day notice will run from the date a notice is mailed or is first displayed at the branch or on the sign-on screen. If Article Two applies and the Member continues to use any of the Electronic Services to effect Transactions in connection with the account after the effective date of any additional or amended terms or conditions to this Agreement, then the Credit Union shall be entitled to presume that the Member has accepted such additional or amended terms or conditions.

If the Member was an existing member of the Credit Union and had already signed a paper version of this Agreement when the Member electronically subscribed for and was approved to receive additional, optional services, the Member acknowledges having electrically agreed to make the applicable optional article(s) of this Agreement operative. In that case, the Member acknowledges that the Member's use of the new services shall be deemed to be acceptance of the terms and conditions of the applicable article(s), as amended to the date of first use, as of the date of first use. If the Member has signed, noted below, a replacement paper version of this Agreement, making the optional article(s) now operative, the Member acknowledges the receipt of a true copy of this replacement Agreement.

Article 2

INTERNET AND TELEPHONE ACCESS TO THE ACCOUNT

While Internet and Telephone Access is applicable to all ucublu sub-account types, transactions contemplated by Article Two are limited as they apply to the ucublu High Interest Savings Account and ucublu regular savings Account. See paragraphs 5A, 5B and 5C, under Article One above for details.

1. DEFINITIONS

In this Article Two,

"PAC" means the personal access code I have selected for my own use which, when used with Equipment, permits access to the Electronic Services;
"Electronic Services" means all of the services available on the account through the use of the PAC in combination with the telephone and Internet channels operated by the Credit Union;
"Telephone Services" means all of the services available on the account through the use of the PAC in combination with the telephone channel operated by the Credit Union;
"Internet Services" means all of the services available on the account through the use of the PAC in combination with the Internet channel operated by the Credit Union;
"Equipment" means the equipment, such as a personal computer or telephone which, when used in combination with the PAC, permit access to the Electronic Services;
"Signing Authority" means any person authorized to sign on an account; and
"Transaction" means any transaction permitted by the Credit Union, from time to time, to be performed in connection with the account, using any of the Electronic Services.

2. OTHER AGREEMENTS AND ARTICLES OF THIS AGREEMENT

The Member acknowledge having read the Terms of Use found on the homepage of the Credit Union's web site under the link "Legal" (if the Member intends to use the Internet Services), and the provisions of this Agreement other than Article Two when the Member first opened the Account. The terms and conditions of the provisions of this Agreement other than this Article Two and any other conditions or agreements which now or may in the future exist between the Member and the Credit Union regarding any accounts in general shall remain in full force and effect and shall apply to each Transaction, except as expressly modified or supplemented by the terms of this Article Two or the Terms of Use that apply generally to my use of the Credit Union's web site. In the event of an irreconcilable conflict, this Article Two supercedes the Terms of Use on the web site, but the provisions of this Agreement other than Article Two and any other paper agreements are paramount.

3. USE OF ELECTRONIC SERVICES

The Member acknowledge that the Member is required to use (and is hereby authorized to use) the Electronic Services to access the account and to conduct such Transactions as may be permitted with respect to the account by the Credit Union from time to time; except that, at the discretion of Credit Union, the Credit Union may from time to time permit the Member to make deposits to the account through the use of a physical depositary box located at designated Branches of the Credit Union. However, if more than one signature is required to authorize a Transaction in connection with the account, the Member acknowledges that the Member is not permitted to use these Electronic Services to transfer funds out of the account, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the Electronic Services.

When the Member uses the Member's PAC to conduct any Transaction, the Member agrees that this is the legal equivalent of having given a written, signed instruction to the Credit Union to complete the Transaction, and therefore agree to be bound by each such Transaction. This means that the Member irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount of any Transaction to the account, in accordance with the Credit Union's normal practices and the terms and conditions of the balance of the provisions of this Agreement. The Credit Union's practices respecting the debiting or crediting of any Transaction under any of the Electronic Services may be revised from time to time with or without notice to the Member, and the Credit Union reserves the right to require me to physically sign original documents before completing certain Transactions if it believes it is advisable for the mutual protection of the Member and the Credit Union.

The Member agrees to not conduct or try to conduct any Transaction that would result in a negative balance in any account, except in accordance with the terms and conditions of any applicable overdraft facility extended to the Member by agreement. The Member agrees to reimburse the Credit Union for all liability or loss arising out of any such Transaction, in accordance with the terms and conditions of the balance of this Agreement.

The Member agrees that if the Member uses the Telephone Services without using the specified toll-free numbers, the Member alone will be responsible for all long distance charges imposed by the Credit Union's telephone service provider.

The Member agrees that all computer equipment, electronic devices and associated software provided by the Credit Union to the Member to enable electronic access to the account, if applicable, is the property of the Credit Union, and promise to return it and any and all copies made of the software to the Credit Union upon request. The Member agrees to use this equipment and software under a non-exclusive and non-transferable license and only for the purposes intended.

The Member consents to the Credit Union's taping, storing or otherwise recording my sessions using the Electronic Services. This consent may or may not be confirmed prior to or during each session. The Credit Union agrees to keep the contents of any such records confidential and confirms that the records will only be used to verify Transaction and service request details and monitor the performance of its employees.

4. LIMITATIONS ON THE CREDIT UNION'S RESPONSIBILITIES

The Member accepts that the Electronic Services are provided subject to the limitations on the Credit Union's responsibilities detailed in its web site Terms of Use, as well as the following:

Electronic Services are made available only on an "as is" and "as available" basis. The Credit Union offers these electronic Services in order to improve the accessibility of the Credit Union to its Members. However, the provision of these Services is dependent in part on communication lines and other third party equipment and services. Furthermore, no computer system designed to safeguard a member's Personal Information is perfect, and unintended disclosure of a member's Personal Information through accident or fraud on the part of third parties is always possible.

THE MEMBER AGREES THAT THE MEMBER WILL NOT HOLD THE CREDIT UNION LIABLE FOR ANY DELAY, LOSS, DAMAGE (DIRECT, INDIRECT OR CONSEQUENTIAL) OR INCONVENIENCE WHATSOEVER CAUSED BY OR ARISING FROM THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR THE MALFUNCTION OR FAILURE TO OPERATE OF ANY SOFTWARE OR EQUIPMENT FOR ANY REASON WHATSOEVER. FURTHERMORE, THE MEMBER AGREES THAT THE MEMBER WILL NOT HOLD THE CREDIT UNION LIABLE FOR ANY PERSONAL INJURY, OR PROPERTY DAMAGE OR ANY LOSS OF BUSINESS OR PROFIT OR OTHER INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER AS A RESULT OF A SYSTEM FAILURE OR MALFUNCTION, OR AN UNINTENDED DISCLOSURE OF THE MEMBER'S PERSONAL INFORMATION DUE TO ACCIDENT OR FRAUD ON THE PART OF A THIRD PARTY.

Bill Payments Made through the Electronic Services:

The Credit Union will use its best efforts to forward any bill payment Transactions to the merchants specified by me for credit the next or second business day following the day they are authorized through the Electronic Services. However, the Member agrees that the Credit Union is not responsible for delayed credit or late payments for reasons beyond the Credit Union's control. The Member is alone responsible for entering and authorizing the correct payment amounts, merchant account identification, the Account to be charged, ensuring that each payment is entered and authorized only once, and that there are sufficient funds available in my Account or available through a line of credit to complete the transaction. If the Electronic Service tells the Member that the Transaction failed, the Member acknowledges that it remains the Member's sole responsibility to make the bill payment through another channel.

5. CONFIDENTIALITY OF PAC

The PAC is for the Member's use alone and may not be assigned or transferred. The Member agrees to keep the PAC confidential and to not disclose it to any person other than to another person who has authority to conduct Transactions on the account (a "Signing Authority"), if applicable. The Member agrees to not record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Credit Union recommends that the Member changes the PAC on a regular basis, not use the numbers that make up my PAC in the Personal Identification Number the Member uses in conjunction with a debit card or credit card and perhaps change the PAC every 90 to 120 days. The Member acknowledges that if the PAC becomes known to a person other than a Signing Authority on the Account, confidential information about the Account may be accessed by individuals to whom the Member has not intended to give access.

The Member agrees to notify the Credit Union immediately, in writing, if the PAC becomes known to anyone other than the Credit Union or any other Signing Authority on the account.

The Member agrees that the Member is liable for all unauthorized use of the PAC until such notification is made and acknowledged by the Credit Union. The Member further agrees that, until the Credit Union receives the Credit Union's acknowledgment, notification is not deemed to have been received by the Credit Union.

6. TRANSACTION VERIFICATION AND RECORDS

The Member acknowledges that all Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the account. Verification may take place on a date later than the date the Transaction was authorized, which may affect the Transaction date.

The Member agrees that the Credit Union's records of each Transaction, including updates of Account information provided to the Member electronically, and the Credit Union's accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. The Member understands that if he or she believes that the Credit Union's records contain an error or omission, the Member is required to give written notice of the suspected error or omission to the Credit Union within thirty days of the date the record was created or within such other time limit specified in Article One in force from time to time, or any other paper agreement which now exists or may in the future exist (whichever is the most restrictive) with respect to the operation of my relevant Account or Accounts.

SUBJECT TO THE PROVISIONS OF SECTION 4 OF THIS ARTICLE, IF THE CREDIT UNION DOES MAKE AN ERROR OR OMISSION FOR ANY REASON, WITH RESPECT TO THE RECORDING OF ANY TRANSACTION, THE MEMBER AGREES THAT THE LIABLITY OF THE CREDIT UNION WILL BE LIMITED TO THE AMOUNT OF THE ERROR OR OMISSION IN RECORDING, PLUS ANY APPLICABLE SERVICE CHARGES THAT MAY HAVE BEEN CHARGED TO ME IN ERROR. SPECIFICALLY, THE MEMBER AGREES THAT THE CREDIT UNION WILL NOT BE LIABLE FOR ANY OTHER LOSS, OR ANY LOSS OF BUSINESS OR PROFIT OR ANY OTHER DAMAGE (DIRECT OR INDIRECT OR CONSEQUENTIAL) OR DELAY OR INCONVENIENCE WHATSOEVER CAUSED BY OR ARISING FROM ANY SUCH ERROR OR OMISSION.

7. TRANSACTION PROCESSING AND SERVICE FEES

When the Member uses the PAC to conduct a Transaction through the Electronic Services, the Member agrees that the Member will not be permitted to revoke or stop any such Transaction once the Transaction request has been processed. The Credit Union will establish service fees for use of the Electronic Services and/or for conducting Transactions and may change these service fees from time to time. The Member hereby gives the Credit Union permission to deduct any applicable service fees from any account, including this account.

8. JOINT ACCOUNTS

If the Member holds the account jointly with another or other persons, then the Member acknowledges that each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Electronic Services with respect to that Account, notwithstanding that not all holders were personally involved in processing the relevant Transactions.

9. TERMINATION

The Credit Union may at any time without notice withdraw permission from me to use any of the Electronic Services, or cancel or alter any of the Electronic Services without being liable for any loss resulting from such action. The Member agrees that the termination of Electronic Services for any reason will not relieve the Member of any obligations under this Agreement.

Overdraft Protection

(Applicable Only to ucu blu No Fee Daily Account)

If the Member has applied for and been approved for chequing privileges on this account, the Member agrees that the Credit Union is not obligated to pay any cheque or other payment item he has written or authorized on the account for which there are insufficient funds on deposit to pay the cheque or other item in full. However, if the Member has applied for and been approved for overdraft protection ("Overdraft Protection"�) on this account, a line-of credit sub-account with a stated credit limit will be opened in the Member's name under the account.

Thereafter, the Credit Union shall be entitled to treat every such cheque or item presented to it for payment out of the account that will create an overdraft balance in the account as a request by the Member for a loan under the terms of this Agreement, unless the Member gives the Credit Union a proper Stop Payment Order for the cheque or item before it is presented. The Member agrees that the Credit Union may, in its sole discretion, approve the Member's request and decide to pay the cheque or item and transfer such portion of the available authorized Overdraft Limit balance in the sub-account to the account to cover the resulting overdraft in the Account at the end of the relevant business day. If the Credit Union decides to make an overdraft transfer, the Member agrees that the transfer shall constitute a loan by the Credit Union to the Member (an "Overdraft Loan"�), and to repay the aggregate amount of all such Overdraft Loans by the end of the calendar month in which they were advanced, together with all applicable interest and service charges, as described in section 2 below.
The Member agrees to repay to the Credit Union the approved Overdraft Loans, the amount of all overdraft balances in the account not covered by an Overdraft Loan, and those overdraft balances created or increased by charges to the Account authorized under this Agreement, including those imposed because cheques and other items the Member has deposited turned out to be not good, together with interest at the Overdraft Rate of Interest, being that annual rate of interest stated in the Initial Disclosure Statement or a subsequent Statement of Account. Except as provided in section 1 in respect of approved Overdraft Loans, the Member agrees that all overdraft balances in the account not covered by an Overdraft Loan are due and payable immediately upon their creation, and all other amounts are payable in the manner and on the date or dates indicated in the Member's Statements of Account from time to time. The Member also agree to pay all administrative charges charged to the account for this service on a monthly basis, on the date indicated on the monthly Statement of Account. The Member acknowledges that he may find out the administrative charges applicable to this service at any time by calling the Credit Union at the Call Centre 416-922-4407, or by visiting any of the Credit Union's Branch Offices. Unpaid administrative charges and interest shall be added to any existing overdraft balance, and shall bear interest at the Overdraft Rate of Interest. The Member authorizes the Credit Union to immediately apply any deposits the Member may make to the account in payment of the administrative charges, the interest, unpaid Overdraft Loans debited to the sub-account, any existing overdraft balance, and any new cheques or other items presented for payment out of the account, in that order of priority.
If an Event of Default has occurred under the terms of any Agreement the Member has with the Credit Union, the Credit Union has the right to demand that the Member pay the entire amount owing for Overdraft loans immediately, and/or reduce or cancel entirely the Member's authorized Overdraft Limit. The Credit Union shall also have the right to reduce or cancel entirely the Member's authorized Overdraft Limit, in any other case, by giving the Member at least 30 days advance written notice. The Credit Union shall have the right to vary the Overdraft Rate of Interest by giving the Member notice in a Statement of Account at least 60 days in advance of the effective date of the change.

Debit Card Provisions

(Applicable Only to ucu blu No Fee Daily Account)

1. USE

If the Credit Union has issued to the Member a Debit Card for use in connection with this account, the Member agrees to use the Debit Card only for the purpose of obtaining such services as are agreed upon between the Member and the Credit Union. On thirty days written notice, the Credit Union may add to or delete from the types of use that are permitted, and the issue of the Debit Card does not amount to a representation or a warranty that any particular type of service is available or shall be available at any time in the future. This Article, and the fact that the Member is permitted to use the Debit Card, does not alone give the Member any credit privileges or any entitlement to overdraw the account, except as provided by the terms and conditions of other Articles of this agreement or some other separate agreement with the Credit Union.

2. CONFIDENTIALITY AND PERSONAL IDENTIFICATION NUMBER (PIN)

The Member agrees to not select an obvious combination of digits for his or her PIN (e.g., name, address, telephone number, birth date, or Social Insurance Number). The Member understands that the Credit Union has disclosed the PIN to the Member only and to no one else, and promises to never, under any circumstances, disclose the PIN to any other person. The Member promises to not keep a written record of the PIN, unless the written record is not carried next to the Debit Card and is in a form indecipherable to others. The Member agrees to always screen the entry of the PIN with his or her hand or body.

3. WITHDRAWALS AND DEPOSITS

Amounts credited to the account as a result of deposits using the Debit Card will not be available for withdrawal until the deposits are verified and negotiable items such as cheques are honoured. Any deposits made after 3:00 p.m. or on any day during which my credit union is not open for business may be credited to the account on the next business day. Withdrawals or transfers effected by the use of the Debit Card will be debited to the account as of the time they are made. The Member promises to not deposit any coins, non-negotiable items or anything not acceptable for deposit to the account into any automated teller machine, and to pay to the Credit Union any damages, costs or losses suffered by the Credit Union as a result of any such deposit.

4. CONSEQUENCES OF A BREACH OF CARD SECURITY

Once the Member has requested and first used the Debit Card service, the Member agrees that he or she will be liable for all authorized and unauthorized uses of the Debit Card by any person up to my established withdrawal limit (including funds accessible through a line of credit or overdraft privilege), prior to the expiry or cancellation of the Debit Card. However, in the event of alteration of the account balance due to technical problems, card issuer errors and system malfunctions, the Member will be liable only to the extent of any benefit the Member has received, and will be entitled to recover from the Credit Union any direct losses the Member may have suffered.

The Credit Union will have the discretion to relieve the Member from liability for unauthorized use in a case where the Member has inadvertently contributed to the unauthorized use, and the Member co-operates in an investigation or proceeding leading to a finding of liability on the part of a third person.

The Credit Union will not be liable to the Member for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a Point-of-Sale Transaction.

The Member understands that he or she must not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services, prohibited by local law applicable in the Member's jurisdiction.

5. LOST OR STOLEN CARD, OR COMPROMISED PIN

If the Member becomes aware that the Debit Card is lost or stolen, or that the PIN has been made accessible to another person, the Member promises to notify the Credit Union or its agent immediately, whereupon the Credit Union will cancel the Debit Card. The instant such notice is actually received or when the Credit Union is satisfied that the Member is the victim of fraud, theft, or coercion by trickery, force or intimidation, the Member's liability for further use of the Debit Card will terminate, and the Member will be entitled to recover from the Credit Union any losses suffered by the Member through this further use of the Debit Card.

6. DISPUTE RESOLUTION

In the event of a problem with a Debit Card transaction, other than a matter related to goods or services provided by Merchants, the Member promises to first try to reach a solution with the Credit Union, and the Credit Union will not unreasonably restrict the Member from the use of any funds subject to dispute. If the Member is not satisfied, the problem will be referred to either a credit union system dispute resolution service or external mediator, as agreed between the Credit Union and the Credit Union. Neither the Credit Union nor the Member will have the right to start court action until 30 days have passed since the problem was first raised with the Credit Union. Any dispute related to goods or services supplied in a Point-of-Sale Transaction is strictly between the Member and the Merchant, and the Member will raise no defense or claim against the Credit Union relating to such a dispute.

7. FEES

The Member acknowledges having been advised of, and will pay, the applicable fees now in effect for services available under this Article. New or amended fees will only become effective 30 days after publication by the Credit Union.

8. FOREIGN CURRENCY TRANSACTION

If the Debit Card is used in connection with a transaction in foreign currency, the Member understands that the rate of conversion into Canadian currency will be fixed according to the rules of the electronic network through which the transaction is conducted.

9. EVIDENCE OF TRANSACTIONS

A paper Transaction Record dispensed mechanically as a result of the use of the Debit Card constitutes a record of my instructions. Whether such a Transaction Record is issued or not, it is the Member's responsibility to verify that the transaction has been properly executed by checking the periodic statement or passbook entries itemizing transactions.

In the absence of evidence to the contrary, the records of the Credit Union are conclusive for all purposes, including litigation, in respect of any instructions given by the Member to the Credit Union through the use of the Debit Card; the contents of any envelope deposited by the Member into an automated teller machine; the making of a withdrawal, deposit or transfer through the use of the Debit Card; and any other matter or thing relating to the state of accounts between the Member and the Credit Union in respect of any electronic transaction.

10. TERMINATION OF DEBIT CARD USE

This Article applies to the account specified in this Agreement and, as well, to any other account designated by the Member from time to time for use in connection with the Debit Card. The Credit Union remains the owner of the Debit Card. It may restrict the use of the Debit Card, or may terminate the application of this Article and the Member's right to use the Debit Card, at any time without notice. The Member promises to return the Debit Card to the Credit Union upon request.

11. CARDHOLDER PRIVACY

The Member acknowledges that the Credit Union has policies to protect the Member's privacy and that the Member may obtain particulars upon request. Subject to withdrawal of consent, the Member hereby consents to the use of his or her personal information by the Credit Union and its affiliates to monitor the Member's use of financial services, in order to develop needed products and services, and offer members needed services. However, if the Member has given or hereafter gives express consent to the collection, use and further disclosure of the Member's Personal Information by the Credit Union in a form and content that is more permissive than the consent provided herein, the other form of consent shall govern the relationship between the Member and the Credit Union.

12. CODE OF PRACTICE

The Member understands that the Credit Union, in concert with the banking industry, has an obligation to rely on, and manage the relationship under, conditions of the Canadian Code of Practice for Consumer Debit Card Payment Services, a copy of which is available from the Credit Union on request.

13. INTERPRETATION AND DEFINITIONS

This Article 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 Payment Services.

For the purposes of this Article, Point-of-Sale Transaction means the use of the Card and the PIN for such of the following purposes as may be permitted from time to time by the Credit Union: (a) the transfer of funds from the account to purchase or lease goods or services from a seller, lessor or service provider (e.g. a Merchant); (b) the transfer of funds from the 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 the account from an account of a Merchant (e.g. a refund).

14. RECEIPT OF COPY OF THIS ARTICLE OR THE WHOLE AGREEMENT

The Member acknowledges the receipt of a true copy of this Article or the entire Agreement, containing this Article, signed by me (either physically or electronically) upon initiation of PIN based Debit Card service and acknowledge further that this Agreement does not require signature by the Credit Union to be effective and binding on both parties. The Member also agrees to keep a copy of this agreement for his or her own records.

15. SCOPE OF ARTICLE

This Article replaces any prior agreement governing the use of the Debit Card and the PIN, but does not replace or supersede any agreement or provision of any agreement relating to any loan, credit facility or the operation of any account.

The Member and the Credit Union, hereby agree to be bound by the above terms of the described Operation of Account Agreement:

Note: Since each Personal Access Code (PAC) used to access Electronic Services is personal to each individual member, where more than one PAC is issued, to be used in connection with a Joint Account, each account holder must sign or electronically execute a separate copy of this Agreement, and the designations of "joint tenants" or "tenants in common" and signing authorities must be consistent.