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Consent to Electronic Delivery of Documents

General Consent to Electronic Delivery of Documents

These Terms and Conditions apply to the electronic delivery of Documents to you relating to your Account(s) with Tangerine Bank, and they replace any previous version of these Terms and Conditions that apply to the electronic delivery of Documents related to the Account(s).

1. Definitions:

“Account” means any Account you have with Tangerine including, but not limited to the Tangerine Chequing Account, Tangerine Savings Account, Tangerine US$ Savings Account, Tangerine Tax-Free Savings Account, Tangerine RSP Savings Account, Tangerine RIF Savings Account, Tangerine Children’s Savings Account, Tangerine Guaranteed Investment (GIC), Tangerine US$ Guaranteed Investment (GIC), Tangerine RSP Guaranteed Investment (GIC), Tangerine Tax-Free Guaranteed Investment (GIC), Tangerine RIF Guaranteed Investment (GIC), Tangerine Line of Credit, Tangerine World Mastercard®, Tangerine Money-Back Credit Card, Tangerine Personal Loan, Tangerine RSP Loan, Tangerine Mortgage, Tangerine Home Equity Line of Credit, Tangerine Business Savings Account, Tangerine Business US$ Savings Account, Tangerine Business Guaranteed Investment (GIC), and Tangerine Business US$ Guaranteed Investment (GIC).

“Paperless Account” means an Account you have with Tangerine for which Statements and Tax Receipts are not available in paper format. These Paperless Accounts include the Tangerine Chequing Account, Tangerine Children’s Savings Account, Tangerine Line of Credit, Tangerine Personal Loan, and Tangerine RSP Loan.

“Account Terms” means the agreement(s) (and any related disclosures) between you and Tangerine, for products and services offered by us, as may be amended from time to time. These Account Terms include, but are not limited to, the Tangerine Client Card Cardholder Agreement, the Tangerine Credit Card Cardholder Agreement, the Tangerine Web Terms and Conditions and any other document available under the “Legal” link at the bottom of our web pages.

“Documents” has the meaning in section 2 below.

“Document Depository” means the depository where Documents are maintained by Tangerine for a period of 7 years following electronic delivery to you.

“Electronic Access Agreement” means the agreement governing your use of our Online Banking services, as it may be amended from time to time, and a copy of which you can view by selecting the “Legal” link at the bottom of most of our web pages.

“Tangerine”, “we”, “us” and “our” mean Tangerine Bank.

“Message Board” means your secure online Inbox when you log into your Online Banking 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 and through the Mobile Banking app.

“Statements” means any statements for your Account(s) that are provided or otherwise delivered to you including any periodic banking or credit statements. A paper option for Statements is only available for Accounts that are not identified as Paperless Accounts.

“Tax Receipts” means any tax receipts for applicable Accounts including T5, RSP, T4RIF, T4RSP, RL-2, NR4, RL-3. A paper option for Tax Receipts is only available for applicable Accounts that are not identified as Paperless Accounts.

“you” and “your” mean each person, corporation, or other entity who holds an Account with Tangerine and who accepts this General Consent to Electronic Delivery of Documents.

2. Consent and When It Takes Effect:

You consent to the electronic delivery of the documents listed below and other information (“Documents”) through Online Banking (which includes Message Board), and/or the email address that we have in our records:

a.     Communication about and/or notification of changes to your Account or our Account Terms including our Privacy Code and any other changes for which notice is required;

b.    Alerts and requests for information including in relation to Card suspension, identity theft and/or other fraud or security-related activities;

c.     Requests for information that may be required in connection with Tangerine’s obligations in connection with legal or regulatory requirements on us including under Anti-Money Laundering legislation and Know your Client regulations or other legal obligations;

d.    Notifications and legal disclosures, including but not limited to content about interest rates, fees and other disclosure requirements, all provincial and federal securities, privacy and tax statutes and regulations and all voluntary codes and commitments applicable to the financial industry;

e.     Communications that deliver information on collections;

f.      Communications arising from legal actions, causes of action, complaints, claims, applications to administrative tribunals, legal demands or otherwise;

g.     Notifications of corporate actions that require your attention;

h.    Alerts providing you with reminders or Account-related instructions;

i.       Balance alerts advising you that you are approaching a predetermined balance /credit limit on applicable Accounts;

j.       Statements;

k.     Tax Receipts; and

l.       any other confirmation, notice, disclosure or information that we are required by law to provide you in writing relating to your Account.

You agree that your consent to receive these Documents by Message Board and/or your email address that we have in our records is a mandatory and integral part of your relationship with Tangerine Bank.

Statements and Tax Receipts remain available in paper format for Accounts that are not Paperless Accounts. As you open Accounts, you will be asked for your Statement and/or Tax Receipt delivery preferences.

This consent will apply immediately upon your agreement to this General Consent to Electronic Delivery of Documents (your “Consent”).

Processing your Consent to receive electronic delivery of Statements and/or Tax Receipts that are currently delivered to you in paper format may take time, and therefore, you may continue to receive Documents in paper formats until your Consent is processed.

3. Verbal Consent:

If we receive your Consent verbally to provide Documents to you electronically, we will confirm your Consent by sending you this General Consent to Electronic Delivery of Documents through electronic delivery (that may include to the Message Board or such other electronic delivery that we may use from time to time).

If you do not agree to this General Consent to Electronic Delivery of Documents, you must immediately revoke your Consent as provided under “Revoking Consent” (see section 7 below).

4. Electronic Delivery of Documents, Notifications and Length of Time Available:

When we deliver a Document electronically, we will do so by making it available to you through Online Banking (in the Document Depository) unless we are delivering a Document to your email address that we have in our records. 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. In addition to Message Board notifications, you may receive Non-Secure Messages when Documents are available. Providing you with any notification is only a courtesy.

We will make Documents available through links in Message Board or directly to your Document Depository for all Accounts set to receive electronic Documents. 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.

Electronic versions of your 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 may be instructed to print or save a copy for your records which you should do.

A Document is considered to have been received electronically:

a.     when it is accessible through your Message Board; or

b.    when it leaves an information system within the control of Tangerine or another person or entity acting for Tangerine such as when you receive an email from us.

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 consider revoking your Consent as provided under “Revoking Consent” (see section 7 below). Once a Document is delivered, as defined in section 4 above, the obligation to retrieve and review the Document is yours.

6. Providing Documents by Paper:

We reserve the right to provide you with Documents by paper delivery at any time, including if we are unable to provide electronic delivery (including cases where such Documents are not currently in digital form), 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 for you in your Client file.

Please note that the option to receive Statements and Tax Receipts by paper is available for Accounts that are not Paperless Accounts. The manner in which we will provide you with these paper Statements and tax receipts is described in our Account Terms, and this General Consent to the Delivery of Electronic Documents does not apply to those paper Statements or Tax Receipts.

7. Revoking Consent:

You may revoke your Consent to have Documents delivered to you electronically at any time by calling 1-888-826-4374 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 paper delivery.

Revoking your Consent to have Documents delivered to you will result in closure of all Accounts except Accounts held with Tangerine Investment Funds Limited.

8. Messages:

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 your email address that we have in our records. 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 this General Consent to Delivery of Electronic Documents:

We may change the terms and conditions for your General Consent to Delivery of Electronic Documents 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 General Consent to Delivery of Electronic Documents. If you do not agree to a change, you must immediately revoke your Consent as provided under “Revoking Consent” (see section 7 above). Notice of a change (including additional or amended content) may be given to you in any one of the following ways:

a.     a notice on or with your electronic Statement;

b.    a notice at tangerine.ca; or

c.     a notice sent to you through your Message Board.

12. Ligitation of Liability:

You agree that your Documents and any Message Board notifications about them 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:

This General Consent to Electronic Delivery of Documents applies to any document, notice, or other Document we are required by law to deliver to you in writing.

You acknowledge that by opening any of the following Accounts with Tangerine: Tangerine Chequing Account, Tangerine Savings Account, Tangerine US$ Savings Account, Tangerine Tax-Free Savings Account, Tangerine RSP Savings Account, Tangerine RIF Savings Account, Tangerine Children’s Savings Account, Tangerine Guaranteed Investment (GIC), Tangerine US$ Guaranteed Investment (GIC), Tangerine RSP Guaranteed Investment (GIC), Tangerine Tax-Free Guaranteed Investment (GIC), Tangerine RIF Guaranteed Investment (GIC), Tangerine Line of Credit, Tangerine World Mastercard®, Tangerine Money-Back Credit Card, Tangerine Personal Loan, Tangerine RSP Loan, Tangerine Mortgage, Tangerine Home Equity Line of Credit, Tangerine Business Savings Account, Tangerine Business US$ Savings Account, Tangerine Business Guaranteed Investment (GIC), and Tangerine Business US$ Guaranteed Investment (GIC), and agreeing to the Account Terms for that Account, you agree to this General Consent to Electronic Delivery of Documents, and you further acknowledge that by revoking your Consent as outlined in section 7 above, you are agreeing to close your above mentioned Account(s) with us. Note that if you have any automatic bill payments or debits with respect to your Account(s), they will be deleted upon closure of your Account(s). You are responsible for making any changes necessary to continue your bill payments and any other scheduled transactions you may have on your Account(s).