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Legal


Web Terms And Conditions

Except as otherwise agreed to by Express Canada ("EXBC"), the following terms and conditions shall govern your use of the Express Canada website.


Use of Information

The information contained in this website is not intended to provide specific legal, accounting, financial, or tax advice for any individual or entity and should not be relied upon in that regard.


Accuracy and Changes

Fees, charges and Interest rates provided by Express Canada and other Express Canada entities on this website are believed to be accurate when placed on the website, however, posted rates are subject to change at any time without notice. To obtain our most up-to-date rates, please contact us by email at clientservices@exbc.ca.

Express Canada shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within this website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. Express Canada shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Express Canada does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained herein.


Direct Access

Express Canada may provide direct access to your account(s) by one or more of the following methods:

(a) Electronic communications through this Express Canada website;

(b) Speaking over the telephone or pressing its key pad to communicate with an Express Canada Associate or the Express Canada Interactive Voice Response System;

(c) Loan Account electronic communications by different channels including direct payment point-of-sale terminals;

(d) Other devices or equipment which Express Canada may designate for Direct Access.

The Express Canada Account Terms, Cardholder Agreement and any other agreement or terms and conditions of Express Canada shall apply to all transactions and other activities facilitated by you in connection with your accounts at Express Canada.


Electronic Identification

Direct access to and use of the Express Canada website requires an electronic identifier which consists of the use of one or more of the following:

(a) Client Number

(b) Personal Identification Number (PIN)

(c) Password

(d) Or other security measures required by Express Canada.

Express Canada will provide you with a Card (where applicable) and other components of the Electronic Identification for Direct Access and where applicable, you may select certain components of the Electronic Identification yourself.

You agree that electronic pages, such as Express Canada website pages, accessed by Electronic Identification are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Express Canada for their content.


Your Liability

You agree that the use of the Electronic Identification is the legal equivalent to your written, signed instructions to Express Canada.

Express Canada will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.

You will not be responsible for unauthorized use of Electronic Identification occurring after notifying Express Canada in accordance with the notice provisions set out below.


Protection of Electronic Identification

You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:

(a) memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;

(b) avoiding Code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date, address, etc.;

(c) avoiding selecting any part of another PIN, password or code;

(d) take all necessary steps to ensure that any component of the Electronic Identification remains confidential to you - including keying in or speaking at a telephone or electronic device.


Notice to Express Canada

You must immediately email Express Canada if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact Express Canada 24 hours a day and 7 days a week on urgent@exbc.ca


Verification

Express Canada reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of Express Canada to contact you in order to confirm such instructions.


Recording Calls and Other Instructions

You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.


Transactions and Limits

Transactions may be limited in dollar amounts or otherwise as Express Canada (or others) may determine and Express Canada (or others) can change these limits without notice to you.


Liability of Express Canada

Express Canada may cancel or restrict Direct Access or your Electronic Identification without notice to you. Express Canada will not be liable for any direct, indirect or consequential loss, damage or inconvenience arising directly or indirectly out of your use of, malfunction, cancellation, restriction or inability to access your account(s) at Express Canada by any means.

Express Canada and other Express Canada entities, are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website including but not limited to, damages arising from or related to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.


Unlawful behaviour

Do not use the Express Canada website to communicate to others, to post on the Express Canada website, or otherwise transmit to the Express Canada website, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that Express Canada or other parties are involved in creating, producing or delivering the Express Canada website, Express Canada shall have the right to monitor or review all communications, materials, transmissions, postings, discussions and chats. Express Canada and all parties involved in creating, producing or delivering the Express Canada website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.

If the Express Canada website contains bulletin boards or any other message or communication facilities whatsoever (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:

commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;

upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;

falsify the origin or source of software, information or other material contained in a file that is uploaded;

advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and,

download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by Express Canada, and such communications shall not be considered reviewed, screened, or approved by Express Canada. Express Canada reserves the right for any reason to remove at any time without notice any of the contents of the Forums received from users, including without limitation bulletin board postings. Express Canada reserves the right to deny, in its sole and absolute discretion, any user access to the Express Canada website or any portion thereof without notice.


Express Canada Records

You accept any records or documents stored or produced by Express Canada through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic, and binding on you.


Ownership of software, etc.

Express Canada (or a third party) owns any software or device Express Canada has supplied to you for purposes of facilitating direct Access, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. Express Canada may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.


Where Written Signatures are Required

Some Express Canada products may require your written signature and you will be advised when this is the case. You will be sent the terms and conditions and/or transaction verification which apply to the product or service which requires signature and will have five (5) business days from the date of giving of instructions by Direct Access to advise Express Canada if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and/or transaction verification.

Subject to the following paragraph, when you receive material requiring a signature you will sign it and return it to Express Canada. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.


Available Only Where Permitted by Law

The products and services described in the pages of websites of Express Canada and other Express Canada entities, are only offered in jurisdictions where they may be legally offered for sale.


No confidentiality, use of information

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Express Canada website may include incomplete information, inaccuracies or typographical errors. Express Canada, and any other persons involved in the management of the Express Canada website, may make changes in the information and content included in the Express Canada website at any time without notice.


Hyperlinks

Although the Express Canada website may be linked to other sites, Express Canada is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering the Express Canada website you acknowledge and agree that Express Canada has not reviewed all sites linked to the Express Canada website and is not responsible for the content of any off-site pages or any other site linked to the Express Canada website. Your linking to any other off-site pages or other sites is at your own discretion and risk.


Applicable law

By entering the Express Canada website you acknowledge and agree that the Express Canada website will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the Express Canada website and all of the communications, transmissions and transactions associated with the Express Canada website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the Express Canada website. If you use the Express Canada website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Express Canada makes no representation that the materials contained within the Express Canada website are appropriate for customers outside of the Province of Ontario, Canada.


Language

English shall be the language of the Express Canada website, and all transactions occurring in connection with the Express Canada website, and the parties waive any right to use and rely upon any other language, or translations.

Il est de la volonté express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.


Changing These Terms

These Terms can be amended by notifying you by the same notification methods provided in the Express Canada Personal Account Terms, Loan Account Agreement and Authorization, Cardholder Agreement or any other agreement or terms and conditions of Express Canada. You will be considered to have received notice of change, five (5) business days after Express Canada has mailed or sent to you, or Express Canada's posting of notice. The effective date for changes contained in such notices will be the date stated in them, and if no date is stated, they will have immediate effect. Use of Direct Access after such time shall confirm your acceptance of and agreement to such amendments.


Copyrights belong to Express Canada

Express Canada is the registered copyright owner of the Express Canada website and no portion of the Express Canada website, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without Express Canada's prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the Express Canada website for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the Express Canada website in any other manner whatsoever and for any other purpose violates Express Canada's legal rights.


Trademarks Belonging to Express Canada or Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Express Canada or other entities. Trademarks may be registered in Canada and in other countries as applicable. The display of trademarks on the pages of this website does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.


Marketing Names/Trade Names Used by Express Canada

"EXBC™" is a marketing name (also referred to as a trade name or brand name) used by Express Canada.

The following are Trademarks of other companies:

Microsoft, Windows, Windows NT and/or other Microsoft products are either trademarks or registered trademarks of Microsoft.

Apple®, Mac®, QuickTime®, iOS®, iPad®, iPod® and iPod touch® are registered trademarks of Apple Computer, Inc., registered in the U.S. and other countries.

Adobe, the Adobe logo, Acrobat, the Acrobat logo and Adobe Acrobat Reader are registered trademarks of Adobe Systems Incorporated.

RealAudio® and RealMedia® are registered trademarks of RealNetworks, Inc.

Interac® - Trademark of Interac Inc. Express Canada is an authorized user of the trademark.

MasterCard® - Trademark of MasterCard International Inc.

Maestro® - Trademark of MasterCard International Inc. Express Canada licensed user of marks.

Facebook® is a registered trademark of Facebook Inc.

Twitter® is a registered trademark of of Twitter Inc.

Google® is a registered trademark of Google Inc.

YouTube® is a registered trademark of Google Inc.

Android® is a trademark of Google Inc.

Instagram® is a registered trademark of Instagram LLC.

LinkedIn® is a registered trademark of LinkedIn Ltd. Corporation.

Unauthorized use of Express Canada's logos and/or name or trade names is prohibited. All information at this site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this website.

© Copyright Express Canada 2014-2019


General

The terms and conditions of other agreements relating to your other Express Canada business remain in force except as expressly altered by these Terms. If there is a conflict between any provision of those other agreements and these Terms, those Agreements prevail.