Electronic access agreement

1. Definitions. Capitalized words and phrases in this Agreement will have the meanings set out below: 

1.1. “Account” means any account you have with us, including online bank accounts. 

1.2. “Aggregation” means an account aggregation service that retrieves, consolidates, organizes, and presents information to you about your accounts with us and with other financial institutions that you choose to have included. 

1.3. “Alert Messages” means a message (including general marketing information as well as messages about one or more of your Accounts, which in turn may include your confidential information) that is sent electronically by us to you, through one or more of the following channels: (a) a message that is posted in the Mailbox; (b) an email message that is sent to an email account; (c) a text message that is sent to a mobile phone number; or (d) a push or in-app notification that is sent to a mobile device. 

1.4. “Business” means a sole proprietorship, partnership, corporation, or unincorporated association.

1.5. “Business User” means, in the case of Online Banking, an individual that has been authorized by a Business to receive a Password intended for Business use from us.

1.6. “Concentra”, “Wyth Financial”, “Wyth”, “we”, “us”, and “our” means Concentra Bank, a Schedule I bank organized under the laws of Canada, with its registered office located in Saskatoon, Saskatchewan, and its wholly owned subsidiary, Concentra Trust, a federal trust company organized under the laws of Canada, with its registered office located in Saskatoon, Saskatchewan.

1.7. “Wyth Content” means all data, content, graphics, forms, artwork, images, photographs, functional components, software, documentation, and other material on, in, or made available through the Website.

1.8. “Electronic Communication” means any communication by telephone, email, Mailbox, text (SMS), social media, chat, fax, or other method of telecommunication or electronic transmission.

1.9. “Electronic Identification” means the email address and Password used by you to access your Account.

1.10. “Electronic Transaction” means the following: (a) transactions with respect to an Account, including deposits, withdrawals, transfers, payments, cheque stop payment instructions, and other transactions with respect to an Account that we may permit through Online Banking; (b) applications for lending products; and/or (c) other transactions, services, or information that we may make available. 

1.11. “Instruction” means an instruction by you that is electronically communicated to us after you have been identified electronically and/or authenticated by inputting a OTP through Mobile Banking or Online Banking. 

1.12. “Losses” means any and all damages, claims, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs, and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants, and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any claim, default, or assessment). 

1.13. “Mailbox” means a secure online location accessible through Online Banking, or any other digital self-service channel that we may make available to you, where we may exchange communications with you. 

1.14. “Mobile Banking” means the mobile application through which you may access Online Banking for use through an electronic device.

1.15. “Online Banking” means the different ways we allow you to access an Account using your Electronic Identification, including: (a) Alert Messages; (b) Mobile Banking; (c) any account and information Aggregation or consolidation services we may make available; and (d) any other electronic channels that we may enable you to use by means of your Electronic Identification or otherwise.

1.16. “OTP” means a unique one-time password that is valid for a fixed period of time, which can only be used once and is sent only to the email address or mobile number registered with your profile. 

1.17. “Password” means your password, biometric information, or other identification code (whether provided to you by us or selected by you), which is used, together with your email address, to verify your access to your Account.

1.18. “Privacy Policy” means our privacy policy located on our Website here. 

1.19. “Services” means any product or service offered by us, including all associated features, functionalities, websites, mobile sites, user interfaces, tools, and any content and software applications associated with such services. “Services” includes Online Banking and Mobile Banking.

1.20. “Website” means any website operated by us, including wyth.ca

1.21. “you” and “your” refers to you as an owner of an Account or a user of the Website or the Services.

2. Acceptance of Terms. Please read this Agreement carefully before accessing or using this Website or the Services. This Website is owned and operated by Wyth. By using this Website or any of our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any other policies we mention in this Agreement, including our Privacy Policy. If you do not agree with, or cannot comply with, this Agreement, then you may not access the Website, or use our Services.

3. Changes

3.1. Changes to this Agreement. You agree that we can change any part of this Agreement without notice to you, unless advance notice is required by law. When changes are made, a notice of the change will be posted on the Mailbox or on the Website. It is your responsibility to check this page for changes. You can review the most current version of this Agreement at any time on this page. By continuing to use the Services after a change is posted, you accept those changes. If you do not agree to a change in this Agreement, you must notify us and immediately stop using the Services.

3.2. Changes to the Services and Website. You agree that we may add, remove, or change any part or feature of the Services or the Website, without giving prior notice to you.

4. Access to Services from Other Jurisdictions. You acknowledge and agree that while you may access the Website from Quebec or other jurisdictions outside of Canada, some aspects of the Services or some information on the Website may not be available to you in Quebec or other jurisdictions outside of Canada. We only offer Services that are legally permitted in the jurisdiction where you access the Website or Services. If you access or use the Services or the Website in Quebec or outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, national, or international laws that are applicable to such access or use of the Services or the Website by you. The information on this Website is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

5. Privacy Policy. You acknowledge and agree that by providing us with your personal information, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy and for the purposes identified to you at the time you provide the personal information.   

6. Cached Data. You understand that your email address, together with your Password, may be used by us in order to pre-populate your personal information for the purpose of completing an online application form on our Website. 

7. Prohibited Activities. You are not allowed to use the Website, Wyth Content, or the Services: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, defame, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (e) to give us false or misleading information; (f) to upload or send viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to reproduce, sell, resell, or exploit the Website, access to the Website, or any portion of the Website without express written permission by us; (k) to transmit any advertising or promotional materials; or (l) to interfere with or bypass (or attempt to interfere with or bypass) the security features of the Website, other websites, or the Internet.

8. Withdrawal of Access. We may at any time, with or without prior notice, restrict, prohibit, terminate, or withdraw your access to or use of the Website or Services for any reason, including for failure to comply with this Agreement, for providing us with untrue or inaccurate information about yourself, or for infringement upon our proprietary rights. This Agreement will continue to apply in respect of your past access. 

9. Access to the Services. Our Services, including your Account, may be accessed by the following methods through your Electronic Identification: (a) Online Banking; or (b) Mobile Banking.

10. Electronic Identification

10.1. Acknowledgment of Written Documents. Your Electronic Identification is required to access our Services. By using your Electronic Identification, you acknowledge that pages accessed by you are written documents and that by “clicking” any on-screen buttons stating “OK”, “I Accept”, “proceed”, “continue”, “approve”, or buttons with similar intent, such action has the same legal result as if you had signed your signature and provided paper versions of your consent to us with the intent to be legally bound.

10.2. No Obligation to Confirm Identity. You acknowledge and understand that we do not have to confirm the identity or authority of anyone using your Electronic Identification unless you have informed us in accordance with Section 31 of this Agreement of any issues with your Electronic Identification in advance, such as suspected fraud or unauthorized access to your Electronic Identification.

11. Safeguarding Your Electronic Identification

11.1. Keeping Your Electronic Identification Confidential. You must keep your Electronic Identification confidential. Your Electronic Identification must only be used in connection with Services you are certain come from us (or our subsidiaries or authorized service providers). You will not share your Electronic Identification with anyone, including close family members, friends, or public officials.

11.2 Your Responsibilities. You must not keep any record of a Password near, or with, your email address at any time. You are responsible for the safekeeping of your Electronic Identification to prevent unauthorized use. You must: 

• memorize your Password; 
• create a unique Password that would be hard to guess and has no connection to you; and
• take the steps necessary to keep your Electronic Identification a secret, including being careful when using your electronic device (for example, use your body or hand as a shield to conceal your Password) and not use biometrics like fingerprints, facial recognition, or retina scan to unlock your electronic device or access your Mobile Banking if you share your electronic device with anyone else.

11.3. Logging into Multiple Devices. When you sign up for Mobile Banking and Online Banking, your computer/device becomes registered to your profile. We recommend that you avoid logging in via computers or devices that can be accessed by the general public. If you try to log in to your Account with a new computer or device, you may be asked to provide verification information, such as inputting a OTP. 

11.4. Password Reset. If you have forgotten your Password, there is a password reset feature available online, which may ask you to input a OTP. 

12. Security Controls 

12.1. Our Security Controls. We take great care to ensure that the use of this Website and our Services is safe and secure. We are committed to protecting the security of your money, as well as the confidentiality of your personal and financial information within the web servers hosting our Website and our internal computer systems. We employ industry-accepted standards in our web applications to preserve the security of information transferred to us through these channels. These measures include, but are not necessarily limited to, strong encryption for data at rest and data in transit, strong authentication (MFA), session security, and security monitoring. 

12.2. One Time Passwords. On occasion, we may send you a OTP in order to complete the log-in process or certain Electronic Transactions. The OTP will be sent to you via email or text (SMS), depending on your chosen method of delivery. The OTP will expire after a set period of time. These additional verification processes help us to ensure it is really you that is accessing your Account. 

12.3. Session Timeout. A session timeout is an important security control and is used for our mutual protection. We will automatically log you out of your banking session if it is left idle. You will then be redirected to the log-in page where you can sign in again. 

12.4. Logging Out. You should always log out of your banking session when you have completed your banking activity by clicking the ‘sign out’ button. Simply closing your browser window does not securely end your banking session.

12.5. Beware of Phishing Scams. Phishing is the attempt to obtain sensitive information such as your usernames, passwords, and account information via Electronic Communications from people pretending to be a trustworthy source. We encourage you to be cautious of emails, text messages, websites, online services, callers, or other parties pretending to be Wyth (or a subsidiary) and which ask for your Password or other personal information; or offer to bring together, summarize, aggregate, or consolidate your financial data and other information that is currently available to you online, such as the balances and transactions history on your accounts. We caution you that there are many websites offering account consolidation or aggregation services that are not related to us. Giving your Password to these websites may expose you to losses from an account or theft of your personal information for which we will not be responsible. Only trust our genuine Website or telephone system and operators.

12.6. Anti-Virus Program, Anti-Spyware, Firewall. The electronic devices you use may be vulnerable to viruses or online attacks that seek to intercept or alter information including sensitive information that you provide through the Internet. To reduce the chances of harm, you should take all reasonable precautions, including ensuring that any electronic device you use to access Mobile Banking, Online Banking, or any of our other Services has an up-to-date anti-virus program, anti-spyware program, and a firewall, if such security measures are available for your electronic device.

13. Email Messages. Please note that regular, unencrypted email messages over the Internet are not secure (i.e., not private). Please do not send personal or financial information to us using unencrypted email. You should use the Mailbox that is available through Online Banking to securely communicate with us over the Internet. We are not responsible if you send confidential information to us over the Internet using regular, unencrypted email and that information subsequently becomes public through no fault of ours.

14. Instructions

14.1. Authorization for Electronic Transactions. You hereby authorize us to accept without any further verification, and you agree to be responsible for, all Instructions for Electronic Transactions via Online Banking and Mobile Banking, when accompanied by your Password. 

14.2. Our Reliance on Your Instructions. You acknowledge that each Instruction that you provide to us is final. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any Losses that may arise from these transactions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, that we may record your voice or responses and you consent to such recording. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear proof that our records are wrong or incomplete.

14.3. Use of Password is Binding. Except as set out in Section 33.1, the use of your Password by you, or by any person with or without your knowledge or consent, in connection with an Electronic Transaction, binds you legally and makes you responsible as if you had given signed instructions to us. We may verify communications, or the source of the communications, before we accept them, but we are not obligated to do so. 

14.4. Declining Your Instructions. When using our Services, you agree that we may decline to act on an Instruction if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not be liable if we decline to act on an Instruction in these circumstances.

14.5. Faxes and Other Notices. We may tell you that we are willing to accept faxes (communications transmitted by facsimile) at designated telephone numbers. In addition to communications by voice and regular mail, you authorize us to communicate with you through online notices as well as through the following channels, at such numbers or addresses as you provide to us: fax or email message. 

15. Timing of Electronic Transactions. We will process Electronic Transactions made on a weekend or holiday through an Account on the day you make the transaction. We may, however, require up to eight business days to process any deposit, including any transfer between Accounts. 

16. Declining Electronic Transactions. We may decline or delay acting on an Electronic Transaction for any reason; for example, if the Instructions are incomplete, ambiguous, or cannot be carried out due to insufficient funds or otherwise, or if we doubt their authenticity or their lawfulness. 

17. Mobile Banking. You acknowledge that access to Online Banking through Mobile Banking or through an electronic device that restricts the amount of content available to be viewed by you may not have all of the features, functionality, information, or content available through our Website and you agree to regularly access Online Banking through our Website, which does not have any restrictions to view any content.

18. Disclosure of Log-In Information. For us to access your accounts at other financial institutions, you may be required to provide us and our service providers with your log-in information at those financial institutions, such as your client identification number, username, password, access code, or authentication challenge questions. It is your responsibility to review your agreements with other financial institutions to determine whether disclosure of your log-in information to other parties that offer account aggregation services is allowed, what the consequences of such disclosure may be, and your liability in connection with such disclosure.

19. Our Responsibility with Your Information. We and our service providers will store your log-in information in encrypted form. We may retrieve transactional and balance information from your other financial institutions. You must access the website or online service of the other financial institutions to view other information such as notices, disclosures, or disclaimers.

20. Authorization and Direction. You authorize and direct us to do, on your behalf, everything necessary to provide the Aggregation service to you and to retrieve, consolidate, organize, and present aggregated information to you, which may include visiting the website of your other financial institutions and providing your log-in information as required to access, retrieve, and download your information. You confirm that you have the right to give us this authorization and direction.

21. Limits to Service. You understand and agree that the information that we retrieve for you from other financial institutions is prepared by the other financial institutions and that we are not responsible for the completeness or accuracy of such information. We and our service providers will not be liable to you for any Losses resulting from the use of or the inability to use the Aggregation services, or the inaccuracy or incompleteness of data.

22. Alert Messages 

22.1. Information for Alert Messages. You are responsible for ensuring that the email address, and if you have requested alerts via SMS, mobile phone number you provide to us for the purposes of receiving Alert Messages is accurate and up-to-date at all times. If you dispose of your mobile device, you are responsible for notifying us of the change, and deleting the device as a delivery method for Alert Messages.

22.2. Mobile Device Charges. You are responsible for all fees charged by your mobile device service provider including standard messaging and data charges. If you cancel your mobile phone number or change your email address, you are responsible for deleting all Alert Messages delivered to that mobile phone number or email address.

22.3. Stopping Alert Messages. You may opt out of receiving Alert Messages, or otherwise customize your Alert Messages, by logging in to Mobile Banking or Online Banking and changing your selection through the “Manage Alerts” page.

22.4. Access to Alert Messages. You are responsible for ensuring that no unauthorized persons gain access to your Alert Messages once you have received them. You hereby acknowledge and accept that Alert Messages are sent to you without being encrypted. Although bank account numbers are concealed, Electronic Transaction and/or Account information may be included in the Alert Messages, and therefore you are responsible for ensuring that your personal information is kept confidential, including all security access codes, and that your electronic device is password protected. You are responsible for anyone using your mobile device.  

22.5. Disabling Alert Messages. You are responsible for disabling any and all Alert Messages sent to your mobile device from us, if: (a) you stop using a particular mobile device; (b) you lose your mobile device, or it is stolen; or (c) you wish to discontinue receiving Alert Messages pertaining to your banking activity.

22.6. Limits to Service. We endeavor to provide email and text (SMS) Alert Messages in a timely manner with accurate information. However, due to their nature, you understand and agree that email and text (SMS) messages may become lost, intercepted, reviewed, or altered by others, and therefore we do not guarantee the delivery or accuracy of the contents of these types of Alert Messages. You further acknowledge that details contained in Alert Messages may not reflect pending Electronic Transactions and that, where Alert Messages relate to an Account held jointly by you with others, Account holders may receive Alert Messages at different times and, in certain cases, reflecting different information.

22.7. Additional Details. If you require additional details about a transaction, up-to-date transaction information is available via Mobile Banking or Online Banking and can be verified by logging in to your Account.

23. Electronic Communications

23.1. Communicating with You. We will never send you an email or text (SMS) message asking you to provide your Electronic Identification or Account number. However, we may contact you from time to time to discuss your Account and will always first confirm your identity before any Account information is reviewed. You should always avoid sharing personal or confidential information, including your Electronic Identification with anyone who contacts you.

23.2. Communicating with Us. We will consider any Electronic Communication received from you or in your name through electronic channels to be duly authorized by you, and will have the same legal effect as if you had signed your signature and provided paper versions. You agree that copies of your Electronic Communications with us may be used as evidence in case of a dispute.

23.3. Recordings of Electronic Communications. However initiated, you agree that we will record telephone calls and retain records of Electronic Communications (e.g., telephone discussions, email conversations, text messages, online chats) to ensure service accuracy, for security, for training purposes, for our mutual protection, and to enhance our customer service.

24. Applicability. In addition to the remainder of this Agreement, this Part H will apply if Online Banking is used by or on behalf of a Business. In such a case, “you” and “your” will mean both the Business and you as an individual Business User, wherever these terms are used throughout this Agreement. Each provision of this Agreement will apply to both the Business and to you as an individual Business User, unless the language of the provision refers only to the Business.

25. Access to Business Accounts and Services. By designating a person as a Business User, the Business is authorizing that person to view information about the Business and, if Electronic Transactions are permitted through the Services, to carry out Electronic Transactions on behalf of the Business (subject to any limits on the Business User’s access, as described in Section 26). The Business accepts the responsibility for all Losses that may arise from any unauthorized use, including a Business User misusing his or her authority in any way, either purportedly on the Business’ behalf or for personal or other purposes. The Business and the individual Business User will ensure that the Business User meets any eligibility or other requirements for online access that are communicated by us as part of the application process.

26. Different Levels of Access. At the request of the Business, we may provide different levels of access to Online Banking for different categories of Business Users. For example, one category of Business Users may be able to view Account information only, and another category of Business Users may be able to view information and provide Instructions to conduct Electronic Transactions. If this is the case, a Business User’s ability to use Online Banking will be limited by the level of access that we provide to the Business User. It is the responsibility of the Business to ensure that the level of access we provide to a particular Business User is appropriate for that person.

27. Authorized Use/Entry Errors. The Business accepts the responsibility for all Losses that result if: (a) a Business User uses a Password, whether with or without the Business’ specific authorization in any particular instance; (b) a Business User authorizes anyone else to use a Password; or (c) a Business User makes entry errors.

28. Indemnity by Business. The Business agrees to defend, indemnify, and hold harmless  Wyth and our officers, directors, employees, affiliates, agents, contractors, suppliers, or licensors, from and against all Losses that we may incur (other than due to our own gross negligence or misconduct), arising from a breach by the Business or a Business User of any part of this Agreement, or from our acting or declining to act upon any Instruction or information given to us in accordance with this Agreement. This indemnity is in addition to any other indemnity or assurance against Losses that the Business may provide to us, and will survive any termination of this Agreement.

29. Passwords, Anti-Virus Program, Anti-Spyware Program, and Firewall. The Business will ensure that each Business User follows the duties in Section 11 of this Agreement, including the duty to carefully choose a Password, the duty to keep the Password a secret, and the duty to change the Password and notify us if the Business User suspects that someone else is using the Business User’s Password. In addition, the Business will ensure that each electronic device that a Business User uses to access Online Banking on behalf of the Business has an up-to-date anti-virus program, anti-spyware program, and a firewall, where such security measures are available for the electronic device.

30. Termination by Business. The Business may terminate this Agreement (and cease accessing Online Banking) at any time upon notice to us, effective a reasonable time after we receive the notice.

31. Reporting Obligations. You must notify us as soon as you become aware of any of the following: (a) your Password is known by anyone else; (b) unauthorized use of your Account may be occurring; (c) the loss, theft, or misuse of a mobile device that you registered with us for Online Banking; or (d) a situation where you have been the victim of fraud, theft, trickery, force, or intimidation. You must cooperate and assist in any investigation that we initiate into the unauthorized use you reported to us. This cooperation may include filing a report with law enforcement.

32. Authorized Electronic Transactions. You are responsible for the full amount of all authorized activity resulting from the use of your Account or Password by any person. Careless handling of your electronic device that you registered with us for Online Banking or your Password can result in serious financial losses. 

33. Your Liability 

33.1. No Liability Circumstances. Subject to Section 33.2, you will not be liable for any Losses from the unauthorized use of your Account or Online Banking due to circumstances beyond your control. These are situations where you could not have prevented, and did not contribute to, the unauthorized use of your Account. Such circumstances include any errors we made, technical problems, or system malfunctions.

 33.2. Exceptions. You may be liable for all Losses from unauthorized use of your Account if you:

• consent to, contribute to, or authorize a transaction in any way;
• disclose your Password or other personal information to any other person, including, without limitation, any person pretending to be Wyth; 
• used a Password combination selected from your name, telephone number, date of birth, address, or social insurance number; 
• did not use reasonable care to safeguard your Password; 
• engage (either alone or with others) in any fraudulent, criminal, or dishonest acts related to your Account or the Services;
• access Mobile Banking or Online Banking via an electronic device that you know or reasonably should know contains software that has the ability to reveal to anyone, or to otherwise compromise, your Electronic Identification;
• access Mobile Banking or Online Banking via an unsecure connection;
• did not comply with your reporting obligations in Section 31 of this Agreement, unless there were exceptional circumstances for your failure to do so;
• shared a mobile device that you registered with us for Online Banking; or
• otherwise do not comply with any of your obligations under this Agreement or you do not comply with any instructions we may provide to you in connection with the Services.

In the above cases, your liability may exceed, and will not be limited by, your Account balance, your credit limit, or any daily transaction limits.

34. Indemnification by You. You agree to indemnify, defend, and hold harmless Wyth and our officers, directors, employees, affiliates, agents, contractors, suppliers, or licensors, from and against any and all Losses suffered or incurred by us, directly or indirectly, made by any third party due to or arising out of: (a) your breach of this Agreement or the policies they incorporate by reference; (b) your violation of any applicable laws or the rights of a third party; (c) any activity that you engage on or through the Website; and (d) your use or misuse of the Services.

35. Limitation of Our Liability

 

35.1. No Liability for Indirect Damages. To the maximum extent permitted by law, in no event, whether in contract or tort (including negligence), as a result of breach of warranty, strict liability, indemnity, or under any other theory of liability whatsoever, will we be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, or any damages characterized as loss of data, loss of revenue, loss of profits, loss of reputation, loss of use of revenue, loss of savings, or losses by reason of the cost of capital, even if we have been advised of the possibility of such damages in advance.

35.2. Limitation on Direct Damages. Subject to Section 35.3, you understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud, or willful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. In this section, “gross negligence” means conduct (whether through action or inaction, or through words or silence) which is: (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position; or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable, and avoidable consequences. 

35.3. Excluded Liability. We will not be responsible or liable for any Losses that you or any other person may incur or experience if any of the following occur: 

• you are unable to access the Services in the event of any malfunction; 
• we do not receive your Instructions; 
• there is any delay in the processing of any Electronic Transaction; 
• we decline to act on your Instructions; 
• you use or rely on information contained in or omitted from any Alert Messages sent to you;
• any Alert Messages are delayed, inaccurate, not delivered, or lost, intercepted, reviewed, altered, or deleted by a third party;
• you fail to sign off of your Account through Online Banking after you have finished using it, regardless of how the Service was accessed;
• you fail to comply with any of your obligations under this Agreement;
• you fail to use up-to-date anti-virus software, anti-spyware software, and a firewall on the electronic device you use to access Online Banking, if such security measures are available for the electronic device you used;
• government restrictions or actions, exchange or market rules, or the suspension of trading;
• the circumstances where we have indicated in this Agreement that we will not be liable or responsible or that you are responsible under this Agreement, including the circumstances set out in Section 33.2; 
• your use of any software or assistance from third parties that we may make available to you;
• you fail to protect your Electronic Identification, your mobile device, or your personal information, or you lose your mobile device; or 
• there is release of any information about you before you notify us in accordance with Section 31 of this Agreement of the theft or loss of a mobile device that you registered with us for Online Banking, or if the confidentiality of your Password is compromised.

36. Disclaimers

36.1. Information on this Website. All Wyth Content and information on this Website is provided on an “as is” basis. We are not responsible if information made available on this Website is not accurate, complete, or current. The information contained on this Website is of a general nature only and is not intended to provide specific financial, tax, legal, or accounting advice for you. You should not act or rely on the information without first seeking the advice of professionals who can properly assess whether or not it applies to your own situation. Any reliance on the material on this Website is at your own risk.

36.2. Third Party Applications. The Website is integrated with, or may otherwise interact with, certain third party applications, websites, devices, tools, and services (“Third Party Applications”) to make the Website available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications. We do not warrant the compatibility or continuing compatibility of the Third Party Applications with the Website.

36.3. Services and Website. Although we do our best to ensure that our Services and our Website are always accessible, functioning properly, and contain accurate and up-to-date information, we are supplying it on an “as is” basis, without representations, warranties, or conditions of any kind, either express or implied, statutory or otherwise, regarding the nature, quality, or character of the Website and the Services, including any warranties and conditions as to merchantability, operation, currency, timeliness, merchantable quality, fitness for a particular purpose, title, non-infringement, security, and accuracy. We do not represent or warrant that: (a) the Services or the Website will always be available or meet your requirements; (b) the Services or the Website will be error free or provided on an uninterrupted or continuous basis; (c) there will be no delays or failures, no difficulties in use, no defects, no errors or omissions, no loss of transmitted information, or no incompatibilities with your use of the Services or the Website; (d) any deficiencies in the Services or the Website can be found or corrected; and (e) that the Website and any Electronic Communication from us, whether from the Website or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.

36.4. Alert Messages. You accept the risk that an Alert Message may be delayed, inaccurate, not delivered, lost, intercepted, reviewed, altered, or deleted by a third party. You agree that an Alert Message does not constitute a bank record for an Account. You are responsible for monitoring all Account activity and ensuring you have sufficient funds for any Electronic Transactions.

37. Wyth Content. As between you and us, we own or hold the rights to the Website and all Wyth Content, as well as the selection, coordination, arrangement, organization, and enhancement of the Wyth Content. Neither your use of the Website nor any Wyth Content will create or grant you any rights in or to the Website or Wyth Content. Any copies of the Wyth Content made by you will be our exclusive property and will be subject to this Agreement.

38. Modification of Wyth Content. We reserve the right to modify or remove any Wyth Content at any time. We cannot and do not review all communications made available on or through the Website, but, although not obligated to, may review, verify, make changes to, or remove any Wyth Content or the Website, including information submitted in connection with the Wyth Content or other features at any time, with or without notice, in our sole discretion.

39. Trademarks

39.1. Wyth Trademarks. Certain names, words, titles, phrases, logos, icons, graphics, or designs on the pages of the Website are trade names or trademarks owned by us or our subsidiaries, or trade names or trademarks owned by third parties (“Wyth Trademarks”). The symbols ® and ™ designate a Canadian registered trademark and, generally, an unregistered trademark status, respectively. The following are registered trademarks of Wyth: Concentra, Concentra Bank, Concentra Trust, Wyth, Wyth Financial, Wyth Trust, and The Bank That Does.

39.2 Third Party Trademarks. The following marks are trademarks of third parties. The display of these third party trademarks does not imply that a license of any kind has been granted. 

39.3. Use or Misuse of Wyth Trademarks. Use or misuse of the Wyth Trademarks is expressly prohibited. Unless otherwise expressly authorized by us in writing, you may not copy or use any Wyth Trademarks. Any unauthorized downloading, re-transmission, or other copying or modification of Wyth Trademarks may be a violation of federal or common law, trademark, and/or copyright laws. If you wish to incorporate the Wyth Trademarks within another website, please contact us for permission.

40. Submissions. If you want to submit ideas, suggestions, or materials (“Submissions”) to us regarding the Services through any means whatsoever, you grant to us and our contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, royalty-free, and sublicensable license to use, copy, sell, disclose, or publish the Submissions for any purpose whatsoever (including developing and marketing products, services, or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval, or compensation for any such use. You also agree to waive and not enforce any moral rights in the Submissions.

41. Complaints or Concerns. Tell us about your problem or concern in the way that is most convenient for you. We can best respond to your problem or concern if your first contact is directed to our Customer Support Centre.

41.1 Complaints Liaison Officer. If your concern remains unresolved, you may contact our Complaints Liaison Officer in writing at: 333 – 3rd Avenue North, Saskatoon, Saskatchewan, S7K 2M2. The Complaints Liaison Officer can also be contacted by fax at 1-306-652-7614 or by email at complaints@wyth.ca. 

41.2. Ombudsman for Banking Services and Investments. If your concern remains unresolved, you may contact the Ombudsman for Banking Services and Investments in writing at: 20 Queen Street West, Suite 2400, P.O. Box 8, Toronto, ON, M5H 3R3. The Ombudsman for Banking Services and Investments can also be contacted by fax at 1-888-422-2865 or by email at ombudsman@obsi.ca.

 

41.3. Customer Support Centre. If your concern still remains unresolved, you have additional options described in our Complaints Policy, or by contacting our Customer Support Centre.

41.4. Financial Consumer Authority of Canada. If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you may contact the Financial Consumer Authority of Canada (“FCAC”) in writing at: 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222, or through its website at www.fcac-acfc.gc.ca. However, the FCAC does not become involved in matters of redress or compensation—all such requests must follow the procedure described above.

42. Social Media. If you engage with us through our social media accounts, you acknowledge and accept that, in addition to the social media platform’s policies, we reserve the right to remove or not approve any comment or content. In particular, we may remove comments that: include personal information; are abusive, obscene, racist, or offensive; encourage illegal or destructive activity; promote other products or services, including lobbying or political campaigning; make unsupported accusations; are off-topic; or are duplicative of previous posts. 

42.1. Minors may not contact us through social media; their legal guardians should contact us directly for assistance. 

42.2. Communications made through social media services will not constitute a legal or official notice to Concentra or any of its entities, officials, or employees.

43. Artificial Intelligence. You acknowledge and accept that we may use your Submissions, Instructions, Electronic Communications, as well as any interactions you have with us in order to improve our processes, including to facilitate the training of any artificial models to improve our algorithms and Service offerings to you and other customers. 

44. Other Agreements. This Agreement does not replace any other agreement relating to your Accounts. The terms and conditions for other products and Services remain in force except as expressly altered by this Agreement. 

45. Severability. If any part of this Agreement is held to be unenforceable for any reason, the unenforceable portion of the Agreement will not affect the enforceability of the remainder of the Agreement, which will continue in full force and effect as if this Agreement had been executed without the unenforceable portion.

46. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

47. Governing Law. This Agreement, the Services, and the operation of your Account will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada. You hereby submit to and agree to be bound by those laws and the courts of Saskatchewan.