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Mobile Terms

Tangerine Mobile Banking Terms & Conditions

By using Tangerine's mobile banking service (the "Service") you will be taken to have read, understood and accepted these mobile terms and conditions (the "Mobile Terms") in the same way as if you signed a printed version. You will be bound by these Mobile Terms and they will continue to apply every time you use the Service.

Functionality

You understand that you may not have access to all of the online banking services, features, functionality, content or information through the Service.

Tangerine may suspend or terminate the Service at any time without notice to you should you fail to adhere to these Mobile Terms, or other terms and conditions governing your use of Tangerine's website and/or products.

Tangerine may discontinue the Service at any time. If we do, Tangerine will provide you at least thirty (30) days notice through our website or by sending you a text message.

Your responsibilities

You are responsible for determining whether your wireless carrier supports text messaging and if your mobile device is capable of receiving text messages and/or if you are capable of accessing the Internet on your mobile device.

You understand that your wireless carrier's standard data and text messaging fees apply to your mobile banking activities and message exchanges with Tangerine.

You acknowledge and accept that text messages from Tangerine are not encrypted. Tangerine masks your account numbers, but information about your bank account balances may be included in text messages. Anyone with access to your mobile can view the content of these messages. You are responsible for keeping your personal information confidential (including any personal identification numbers or other security passwords required for access to your Tangerine Account) and keeping your phone locked with a password.

If you have activated an Tangerine application for your mobile device you agree to be bound by the Mobile Terms in addition to any terms you may have agreed to upon activation of the application. You realize that sharing this mobile device with others could give them access to this information, and that you should protect this mobile device with a password.

You are responsible for disabling any and all alerts to your mobile device from Tangerine if you stop using a particular mobile device, if you lose your mobile device, or if you wish to no longer receive alerts to your mobile device.

Limitation of Liability

You acknowledge that Tangerine will not be liable for any losses or damages that you may suffer as result of your use of the Service, including if the Service is unavailable for any reason.

You acknowledge that Tangerine will not be responsible or liable for any loss or damage that you may incur in using (a) any software, hardware or applications from a third party that Tangerine may make available to you and/or (b) any communications networks, either private, public or otherwise, operated by a third party, in each case in connection with the online and mobile banking services.

Tangerine will not be responsible for any loss or damage that you may incur if you fail to protect your mobile device and your personal information, and/or lose your mobile device and/or fail to disable the alerts, notices or other communications to your mobile device from Tangerine.

Language

You and we have expressly requested that these terms and conditions and all related documents, including notices, be drawn up in English. Vous et nous avons expressément demandé que ces termes et tout document y afferent, y compris tout avis, soient rédigés uniquement en anglais.

Notification of Changes

You agree that Tangerine can amend, modify, change or replace the terms and conditions under the Mobile Terms at any time by posting a notice on the Tangerine website or by sending you a text message. The new or revised terms provided under these Mobile Terms are effective and binding on you when we notify you of such change. By continuing to use Tangerine Service after we post the notice, you agree to and accept the new or revised terms and conditions provided under the Mobile Terms as amended.

By using the Service, you also agree to be bound by Tangerine's Web Terms and Conditions, Account Terms, and Privacy Code.

Terms Of Use For Mobile Remote Deposit


1. The Service

Through the Mobile Remote Deposit application feature (“Cheque-In™”), you can deposit cheques to your Tangerine Chequing and Tangerine Savings Accounts without sending in the paper cheque. You take a picture of the front and back of the cheque with your supported mobile device and send the image (“Image”) to Tangerine using our remote capture software. To use Cheque-In you need to agree to the terms set out below.

2. Agency

You acknowledge and agree that when you create an Image using Cheque-In, you are acting as Tangerine’s agent for the purpose of creating the Image, and that any Image that you create in this way will be treated for legal purposes just as if Tangerine had created the Image itself under the rules of the Canadian Payments Association ("CPA"). The terms of your appointment as Tangerine’s agent are set out in more detail below under the heading "Agency Terms and Conditions".

3. Hardware and Software

To use Cheque-In you need to first download the Tangerine Mobile Banking app onto your mobile device. We support smartphones and tablets on Apple®, Android™, BlackBerry® and Windows® platforms. Some mobile banking features may not be available on certain devices.

4. Cheque Criteria

You agree to the following whenever you use Cheque-In to deposit a cheque remotely.

  1. Only paper cheques that are made payable to you directly can be deposited using Cheque-In. We will not accept a cheque that was payable to someone else and endorsed over to you.

  2. Each cheque must be in the standard format approved by the Canadian Payments Association. The date, drawee institution, payee, amount in words and figures, signature of the Payor and magnetic ink character recognition (MICR) information must be clearly legible.

  3. Each Image captured through Cheque-In must be a picture of the original paper cheque, not of a photocopy or printout of an electronic copy.

  4. Only send one accurate and clear Image of the front and back of each cheque you want to deposit.

  5. Your remotely deposited cheque is considered received by us when you receive an email from us confirming the deposit. However, this does not necessarily mean that Tangerine has accepted the cheque for deposit. We reserve the right to reject a cheque for deposit if the Image does not meet the above requirements.


As used in these Mobile Banking Terms and Conditions, the term "cheques" also includes payment instruments drawn on the Government of Canada, which are technically known as Receiver General warrants.

5. Geographic limitation

Cheques may only be deposited while you are physically located in Canada. Cheques must be drawn on Canadian financial institutions or on the Government of Canada, in Canadian dollars, and must be submitted through Canadian devices and networks.

6. Destruction of paper cheque

After you have deposited a cheque remotely using Cheque-In, do not send us the paper cheque. You need to keep the paper cheque in a safe and secure place until we email you instructing you to destroy it. You should receive this email within 5 business days. If the email doesn’t arrive within that timeframe, please contact us at 1-888-464-3232.

7. Duplicate deposits

If you have deposited a cheque through Cheque-In, you must not deposit or attempt to deposit (either physically or electronically) or cash the same cheque anywhere else (whether with Tangerine or another financial institution). The same cheque may not be deposited through any other remote cheque deposit service or transferred to any other person or company. You must also not use Cheque-In to deposit or attempt to deposit any cheque that you have already deposited remotely using any other remote cheque deposit service. You will be liable for any returned cheque charges if you breach any of these provisions (whether intentionally or inadvertently) and as a result a cheque is returned to Tangerine. These charges may be debited from any of your Accounts with us. Depending on the facts, you may also be liable for fraud.

8. Limits

Daily, weekly and monthly deposit limits may apply.

9. Alterations

You may not alter or cover up anything on either the front or back of a cheque to be submitted for remote deposit using Cheque-In. Also, you may not write anything on the front of the cheque, either before or after remote deposit, except for your Customer Identification File (CIF) number.

10. Representations

Every time you submit a cheque to us for remote deposit using Cheque-In, you are deemed to give us the following representations and warranties:

  1. Each Image is an accurate image of an original paper cheque and not of a photocopy or printout of an electronic copy.

  2. The cheque has not been altered or defaced in any way, including but not limited to raising the amount or changing the payee, either physically or electronically.

  3. You have not deposited or attempted to deposit or cash the cheque anywhere else or by any other means.

  4. You have not created any images or copies of the cheque other than the Image submitted through Cheque-In or if you have done so, you have deleted or destroyed the other image or copy.


11. Indemnification

You agree to indemnify Tangerine for any losses or liabilities it may suffer or incur as a result of your use of Cheque-In without complying with the requirements in the paragraphs above or below, including not destroying an original paper cheque when Tangerine instructs you to do so in an email. You acknowledge that Tangerine will not be liable for any losses or liabilities that you may suffer as a result of your use of Cheque-In, including if the feature is not available for any reason.

12. Further obligations

You agree to take full responsibility for anyone using this mobile device. Please review the Mobile Banking Terms & Conditions in its entirety. You agree to comply with any further obligations that may be required in order to ensure that Cheque-In functions correctly and efficiently. Tangerine may at any time suspend, terminate or discontinue the Cheque-In feature, at its own discretion, without notice to you.

13. Cancellation

You can disable this feature at any time by calling us at 1-888-464-8282 or 416-758-5234.

14. Consent

By clicking on the "Yes, I Agree" button, you are acknowledging your understanding of, and agreement to the above. You also agree to be bound by Tangerine's Web Terms and Conditions, Account Terms, and Privacy Code.

Tangerine Agency Terms and Conditions


Background

To understand the reason for the provisions in this part (the "Agency Terms"), you need to know a little bit about how cheques are cleared in Canada. Tangerine is a member of the Canadian Payments Association (CPA). This is the body (created by an act of Parliament and supervised by the Bank of Canada) that sets the rules for clearing and settling cheques in Canada. When Tangerine accepts a Client’s deposit of a cheque drawn on another bank (known as the "drawee bank"), Tangerine must then have the cheque "cleared" and "settled" through the clearing system administered by the CPA, a process known as "exchange". The end result of an exchange is that Tangerine gets reimbursed by the drawee bank for the amount that it has provisionally credited to its customer’s account (unless the cheque is returned for "insufficient funds" or some other reason).

Traditionally, clearance and settlement have been carried out by physically moving the paper cheques through the system so that they are returned or "presented" to the drawee banks for payment. Recently the CPA created rules that allow CPA members to exchange cheques electronically, without having to move the paper around, by using accurate photographic images of the cheques. These images are copied into a specially formatted document known as a "Clearing Replacement Document" or CRD. A CRD functions legally just as if it were the original paper cheque. Any CPA member that creates a CRD for exchange must destroy the paper original within 120 days of creating the Image.

The CPA rules do not specifically authorize a bank's customer to produce an Image for the purposes of creating a CRD or to destroy the original paper cheque on behalf of the bank, but a bank can appoint someone else (an agent or subcontractor) to carry out these tasks on its behalf. The purpose of these Agency Terms is to set out the terms and conditions on which Tangerine is appointing you as its agent to produce Images of cheques that you wish to deposit through the Service so that the Images can be used to create CRDs.

Some Definitions

  1. “Legible” means able to be read or deciphered by a human viewer.

  2. “Usable” means clearly represented, Legible or Viewable, as applicable. A Usable Image is a digital representation of the front and back of a cheque where any field or portion that would be required to be present and Legible on the original cheque (e.g. MICR line) is present and Legible in the Image, and any field or portion that would be required to be present and Viewable on the original cheque (e.g. signature) is present and Viewable in the Image.

  3. “Viewable” means able to be seen without obstruction.


Agency Appointment and Responsibilities

  1. Tangerine hereby appoints you to be Tangerine’s agent to act for and on behalf of Tangerine to create Images of cheques that you wish to deposit with Tangerine using the Service, in accordance with the Rules of the CPA, and in particular, Rule A10, Images, Image Printouts, Clearing Replacement Documents and Return Replacement Documents (“Rule A10”), which you acknowledge having read. The appointment becomes effective the first time that you use the Service. You accept this appointment and agree to act as Tangerine’s agent for this purpose and to create Images in accordance with these Agency Terms and Rule A10. You may not delegate your agency duties to anyone else. You acknowledge that you are obtaining a benefit by creating Images on behalf of Tangerine, and you agree that you do not have any right to receive any other remuneration for your agency duties.

  2. As agent of Tangerine, you agree to capture an Image of the front and the back of each original paper cheque that you wish to deposit through the Service in accordance with section 4 of the Terms of Use for Mobile Remote Deposit so that information contained in the MICR line of the cheque is Legible. Before transmitting an Image to Tangerine through the Service, you agree to review the Image for clarity to ensure that it is Usable.

  3. You agree to abide by all laws and rules applicable to you and to Tangerine related to the creation, storage and destruction of Images, including Rule A10.

  4. You will ensure that each Image created by you as Tangerine’s agent:

  1. is created in accordance with Rule A10;

  2. accurately represents all of the information on the front and back of the original cheque as of the time that the original cheque was created;

  3. is an Image of a cheque that contains all required and valid endorsements;

  4. displays the MICR line of the original cheque;

  5. is Usable and the following information is Legible or Viewable:

    1. the amount of the cheque;

    2. the payee of the cheque;

    3. the signature of the payor of the cheque;

    4. the date of the cheque;

  6. shows the cheque number;

  7. includes the information identifying the payor and the drawee bank (if applicable) that is preprinted on the cheque, including the MICR line;

  8. includes all other information placed on the original cheque prior to the time an Image of the original cheque is created, such as any required identification written on the front of the cheque and any endorsements applied (whether physical or virtual) to the back of the cheque; and

  9. captures the following information from the MICR line of each original cheque:

    1. the transit number;

    2. the number of the account on which the cheque is drawn; and

    3. the amount of the cheque.

  10. 5. You agree to destroy the original paper cheque on behalf of Tangerine as soon as you receive the email referred to in section 6 of the Terms of Use For Mobile Remote Deposit directing you to destroy the cheque and in any event no later than 100 days after you deposited the cheque using the Service. The cheque must be destroyed by way of shredding, pulping, crushing, erasing or any other means that ensures that the cheque cannot be reused. You agree to indemnify Tangerine for any losses or damages that Tangerine may suffer if you fail to destroy the paper cheque within the time frame and in the manner specified.

    6. These Agency Terms are part of and are subject to the Mobile Terms.


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