Electronic Access Agreement

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.

  1. 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
  1. 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.

  2. 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).

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

Copyright ©2006 ATB Financial, All Rights Reserved.