This Agreement governs your electronic access and use of the Services
provided by ATB Investor Services. This Agreement is binding on you as
soon as you click
“I Accept”. The terms and conditions in this Agreement are in addition to any
other agreements you have with ATB Investor Services, including your Account
Agreement, as may be amended or supplemented from time to time.
Definitions
In this Electronic Access Agreement:
“Account” means any ATB Investor Services account
you may access from time to time electronically
“Account Agreement” means the New Client Account
Application Form and accompanying terms and conditions between you
and ATB Investor Services
“Agreement” means this Electronic Access Agreement
“ATB Investor Services” means either i) ATB Investment
Services Inc., if you have an account with ATB Investment Services
Inc., and / or ii) ATB Securities Inc., if you have an account with
ATB Securities Inc.; and references in this Agreement to ATB Investor
Services include any employees, agents, outsourcers or third party
suppliers that support the delivery of Services;
“Business Day” means any day excluding Saturday,
Sunday or a statutory federal or provincial holiday in Canada
“Organization” means a partnership, society, corporation, not-for
profit organization or other entity or person, excluding a sole proprietorship
or individual
“Password” means any confidential combination of
numbers and/or letters you select from time to time as a means of identifying
you and enabling you to access the Services;
“Personal Verification Question” means the question
and answer chosen by you that is used by us for verification purposes
when you request that we reset your Password
“Services” means the online financial, investment
or ancillary services or products provided by ATB Investor Services
to you that may be accessed electronically, including access to Accounts
“User ID” means the unique numeric identifier assigned
to you by ATB Investor Services
“You and your” means the individual, partnership,
corporation or other entity enrolled to access the Services
Services
Your User ID and Password must be used to access the Services.
Each access attempt and actual access once the Services have been accessed
in this manner will be attributed to you and will have the same legal effect
as if it was made in writing to us and signed by you.
Prohibitions on Use
You will not: (i) access or use
the Services for an illegal, fraudulent or defamatory purpose, or (ii)
take steps or actions that could undermine the security, integrity, effectiveness,
goodwill or connectivity of the Services (including but not limited to
fraudulent, malicious or other activities that threaten to harm or cause
harm to any other person).
Denial of Services
ATB Investor Services reserves
the right to deny the Services under certain circumstances, including
but not limited to: (i) if ATB Investor Services believes any account
activity to be illegal or fraudulent; (ii) if in the judgment of ATB
Investor Services access to the Services is being performed fraudulently
or without your consent; (iii) if you are in arrears to any obligation
to ATB Investor Services, including service charges; or (iv) if access
to the Services is being used in attempts to obtain unauthorized access
to ATB Investor Services systems, hardware or software.
Password
You agree that use of your User ID and Password may be
exclusively relied on by ATB Investor Services, without further inquiry
as to proof of your authorization for any access attempts, inquiries
or transactions made through the Services. You are responsible for the
care and safety of your Password. You will keep the Password confidential
and secure from all persons without exception.
ATB Investor Services
does not keep a record of your Password. If you lose or forget your Password,
contact ATB Investor Services immediately so that you may select a new
Password. ATB Investor Services may request that you answer your Personal
Verification Question first.
You will notify ATB Investor Services immediately of the loss, theft or any
unauthorized use of your Password. Your liability will cease only when notice
of loss, theft or unauthorized use has been received by ATB Investor Services.
You will be considered as contributing to the unauthorized use of your Password
and will be fully liable to ATB Investor Services where: (i) the Password
is the same as or similar to an obvious number combination such as (but not
limited to) your date of birth, bank account number(s) or telephone number(s);
(ii) you keep a poorly disguised written record of your Password; (iii) you
otherwise reveal your Password resulting in the subsequent unauthorized use
of the Services.
Security
You acknowledge that ensuring the security of your information
requires that you exercise safe computing practices. You must sign out,
log off, disconnect and close your browser, as appropriate, after each
session in which you have accessed the Services to prevent anyone else
from accessing the Services without your permission or knowledge. In
addition, you agree to implement and maintain safe computing practices
which will include, at least, the following security measures: (i) an
Internet browser with at least 128-bit encryption technology; (ii) up-to-date
virus scanning software; and (iii) a firewall system.
Limitation of Liability
ATB Investor Services is not required to verify
the actual identity or authority of any use of your Password or User
ID. ATB Investor Services will make reasonable efforts to ensure performance
of the Services, but ATB Investor Services is not liable for any loss,
damages, cost, claims, expenses, harm or injury (including consequential,
incidental, indirect, special, economic, punitive or exemplary loss or
damages) howsoever caused, including: (i) by service malfunction or failure
that affect the accuracy or timing of any functions; (ii) by system or
device error, failure, malfunction, unavailability or withdrawal, whether
or not within or beyond our control.
Release / Indemnification
Except with respect to claims, costs and
liabilities arising by reason of our gross negligence, you will release
and indemnify us against any claim, cost and liability incurred by us
in connection with: (i) your access to the Services; or (ii) any breach
by you of the terms and conditions of this Agreement.
Third Parties
ATB Investor Services may use third party service providers
to provide or assist us in providing access to the Services; however,
any inquiries, complaints, questions or other issues relating to the
Services must be addressed to ATB Investor Services. The Services may
involve leaving our web site and linking to a third party's web site.
No Warranties
There are no warranties or conditions, express or implied,
with reference to the Services under this Agreement. ATB Investor Services
is not responsible for acts or omissions of your Internet service providers.
Record of Transactions
You agree that the records
of ATB Investor Services with respect to the Services shall be deemed
to be correct, final and binding and shall be accepted as evidence in
the event of any disputes.
Disclosure of Account Information
You agree and authorize
ATB Investor Services to disclose information about your Account or the
Services in the following situations: (i) where it is necessary for completing
the Services; (ii) in order to comply with laws, government agency rules
or orders, court orders, or officials having legal authority to request
such information; (iii) if ATB Investor Services has entered into an
agreement to have another party provide the Service; or (iv) if you give
ATB Investor Services your written permission. Unless you tell ATB Investor
Services to stop using your information by contacting your financial
advisor or ATB Investor Services at 1-866-858-4175, ATB Investor Services
may use your information to promote additional products and services
to you, offered by ATB Investor Services and its affiliates, including
ATB Financial, that we believe you may be interested in. Refer to ATB
Investor Services' privacy policy for more information.
Termination
by You
You may terminate Services by providing ATB Investor Services
with notice. Services will also be terminated immediately upon the effective
date of closure of the your Accounts. Neither termination nor discontinuance
shall affect your liability or obligation under this agreement.
Change or Termination by Us
ATB Investor Services has the right to
vary, discontinue or terminate the Services or the Agreement in whole
or in part at any time without notice to you. If the Services have been
varied, your use of the Services after any change means that you have
consented to the change.
No Waiver
ATB Investor Services shall not be deemed to have waived
any of its rights or remedies hereunder unless such waiver is in writing
and signed by ATB Investor Services. No delay or omission on the part
of ATB Investor Services in exercising any right or remedy shall operate
as a waiver of such right or remedy or any other rights or remedies.
A waiver on any particular occasion shall not be construed as a bar or
waiver of any rights or remedies on future occasions.
General
Headings used in this Agreement are for convenience
only and do not affect its interpretation.
This Agreement
will bind you, your successors, heirs, executors, administrators
and legal representatives.
We may send notices to you: (i) on our web site where
you access the Services; or (ii) to your email; (iii) to your last mailing
address we have on our records.
The invalidity or unenforceability of any provision of
this Agreement shall not affect the validity or enforceability of any
other provision of this Agreement and such invalid or unenforceable provision
shall be deemed to be severable. This Agreement shall be bound by and construed
in accordance with the laws of the Province of Alberta, and all disputes
shall attorn to the jurisdiction of Alberta.
This Agreement shall be bound by and construed in accordance
with the laws of the Province of Alberta, and all disputes shall attorn
to the jurisdiction of Alberta.
