General Consent to Electronic Delivery of Documents
These Terms and Conditions apply to the electronic delivery of Documents to you relating to your Tangerine Account.
“Account” means any Account you have with Tangerine including, but not limited to, a Chequing Account, a Savings Account, Line of Credit, a Credit Card, Mortgage, RSP Loan or fixed term deposit.
“Account Terms” means the Terms and Conditions Agreement between you and Tangerine, with respect to products and services offered by us, as may be amended from time to time, and which you can view at tangerine.ca. This also includes, but is not limited to, our Privacy Code, Cardholder Agreement, Web Terms and Conditions and any other document available under the “Legal” link at the bottom of most of our web pages.
“Documents” has the meaning in section 2 below. “Document Depository” is where your Documents shall be maintained by Tangerine for a period of 7 years following delivery to you.
“Electronic Access Agreement” means the agreement governing your use of Online Banking, as may be amended from time to time, and which you can view by selecting the “Legal” link at the bottom of most our web pages.
“Tangerine”, “we”, “us” and “our” mean Tangerine Bank.
“Message Board” means your Online Inbox when you log in at tangerine.ca.
“Non-Secure Message” and “Secure Message” have the meanings in section 8 below.
“Online Banking” means the online banking service that can be accessed at tangerine.ca.
“Statements” means any monthly statements or receipts delivered to you for any Account with us, including any monthly banking statements, unless you otherwise opt out of receiving your monthly banking statements electronically.
“You” and “your” mean each person or corporation who holds an Account with Tangerine and who enrolls in this electronic delivery service for Documents.
2. Consent and When It Takes Effect:
You consent to the electronic delivery of these documents and other information (“Documents”) through Online Banking:
changes to our Account Terms, products or services;
changes to any interest rate(s), fee(s), and any other items mentioned in the disclosure statements we send you for new Accounts or other products or services;
communications about these Terms and Conditions, including changes and confirmations; and
any other confirmation, notice or information that we are required by law to provide you in writing relating to your Account.
This consent applies to all Accounts you maintain with us, and shall take effect immediately upon your agreement. Processing of your Consent may be delayed, however. Any Documents required may be delivered via paper until we complete processing of your Consent. You will receive notification once we complete your request to convert to electronic delivery.
You may also provide us with One-time Consents for electronic delivery of Documents related to an Account or service offered by us. Your One-time Consent will be governed by the terms and conditions set out in that consent.
3. Verbal Consent:
If you verbally consent to be sent Documents electronically, we will confirm your Consent by sending you these Terms and Conditions through electronic or paper delivery. If you do not agree to these Terms and Conditions, you must immediately revoke your Consent as provided under “Revoking Consent” (see section 7 below).
4. Electronic Delivery of Documents and Length of Time Available:
When we deliver a Document electronically, we will do so by making it available to you through Online Banking. We will usually post a notification message to the Message Board to notify you that the Document is available in your Document Depository. In other cases, we may present a Document to you as part of a banking transaction or selection.
We will make Statements available through links in Message Board notifications or directly to your Document Depository. Other Documents may be limited to links or information in Message Board notifications. Message Board notifications are accessible for 13 calendar months after they are posted, unless you delete them. Account statements are accessible for 7 years after they are posted in your Document Depository. Documents presented to you as part of a banking transaction or selection may be available only at the time they are presented; you will be instructed to print or save a copy for your records.
In addition to Message Board notifications, you will receive Non-Secure Notification Messages when Documents are available.
5. Your Obligations to Access Online Banking and View Documents:
You agree to access Online Banking at least monthly to review Documents. You confirm that you have the necessary technical ability and resources to do this. You acknowledge that technical and security requirements for access to Online Banking may change from time to time. If you are unable to access Online Banking to meet your obligations under this section for any reason, you should revoke your Consent as provided under “Revoking Consent” (see section 7 below).
6. Providing Documents by Paper:
We reserve the right to provide you with Documents by paper delivery if we are unable to provide electronic delivery, have reason to believe you may not have received the Document, or otherwise consider it appropriate. Any paper delivery will be provided to you at the most current mailing address that we have on file for your Account.
7. Revoking Consent:
You may revoke your Consent to have Documents delivered to you electronically at any time by updating your Document delivery preferences in Online Banking, by calling 1-888-464-3232 during operating hours, or by notifying us by regular mail at: Tangerine, 3389 Steeles Ave E, Toronto, ON M2H 0A1.
We will confirm that we have received your revocation and specify when it takes effect in writing through electronic or paper delivery.
The Message Board permits you to obtain automated messages. Messages will be sent either securely within the Message Board (a “Secure Message”) or by regular email, text message or another non-secure method (a “Non-Secure Message”). We may add new messages from time to time, without prior notice to you, or discontinue old alerts by posting a notice 30 days in advance on tangerine.ca. We may include specific, confidential personal information in both Secure Messages and Non-Secure Messages.
9. Non-Secure Messages:
Before you choose to be sent these messages, you should review sample message(s) and understand how they will be sent to you. This information is available when you register for these messages. Due to their nature, Non-Secure Messages may be lost, intercepted, reviewed or altered by others.
10. Email Address for Non-Secure Messages:
These Non-Secure Messages will be sent to the email address you provide as your primary email address for Online Banking. You can change your email address online through Online Banking, but this will also change the email address we have on record for you. Please remember to notify us of changes to your email address immediately, so we may continue to provide you with this service.
11. Changing These Terms and Conditions:
We may change these Terms and Conditions from time to time by providing you with notice of the change through electronic or paper delivery. You agree that your subsequent use of Online Banking means you agree to and accept the revised Terms and Conditions. If you do not agree to a change, you must immediately revoke your Consent as provided under “Revoking Consent” (see section 7 above).
12. Limitation of Liability:
You agree that your alerts may be delayed, not delivered or inaccurate due to a variety of factors, including technical problems. Subject to the governing law of your jurisdiction, we will not be liable for any direct or indirect damages arising out of your use or inability to use the alerts, regardless of the cause, including negligence, even if we are advised of the possibility of such damages. For Non-Secure Messages, you accept the risk that the alert messages may be lost, intercepted, reviewed or altered by others.
13. Other Agreements:
These Terms and Conditions apply in addition to any other agreements between you and Tangerine that are necessary for the maintenance of your Accounts with us, or any other product or service offered by us. Additionally, this agreement shall apply to any documents, notices, receipts, statements or other items required of us to deliver to you by law. You acknowledge that by opening a Tangerine Chequing Account, and agreeing to the terms and conditions therein, you agree to this Consent and further acknowledge that by revoking your Consent herein, you are agreeing to close your Chequing Account with us. Note that if you have any automatic bill payments or debits with respect to your Chequing Account, they will be deleted upon closure of your Account. You are responsible for making any changes necessary to continue your bill payments and any other scheduled transactions you may have on your Account.