Introduction

Terms of Services

The Website and Applications (together referred to as the “Site”) are operated by or on behalf of PERSONALBANKER “The Company” (we, us and our).

Your use of any of the services offered on the Site (Services) is subject to these terms and by signing up for or using any Service you agree to be bound by them. You should print a copy of these terms for future reference. Use of your personal information submitted to us in as part of the provision of the Services is governed by our Privacy notice and Cookies Policy.

To use any of the Services, you must first register to set up an account by completing the account registration form available on the Site. You only need to register once.

Registration

To register, you must be at least 18 years of age.

Please note that additional eligibility criteria may apply to a particular Service, where indicated on the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria.

To register, you must provide us with accurate, complete and up-to-date contact information, including email address and telephone number. You are responsible for the information you provide to us. You must promptly update your PERSONALBANKER account in the event of any changes to the information you have provided.

Registration is subject to approval in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason. If we approve your registration, you will receive a notification via email.

We may be required by law to carry out checks (including checks with credit reference agencies) for the purposes of confirming your identity.

Username and password

Upon registration for an account, you will be asked to create a username and personalized security credentials to access your account. You must take all reasonable precautions to keep your username and personalized security credentials confidential and secure at all times and use it only to access and use your PERSONALBANKER account and not for any other purpose. For example, you should not write down your personalized security credentials and you must take care that no one sees (or overhears) you when using them. You are the only authorized user of your account and, accordingly, you must not disclose your username or personalized security credentials to anyone else.

You are responsible for all activities that occur using your username and personalized security credentials and you must contact us immediately if you discover or suspect any unauthorized use of your PERSONALBANKER account or error in the operation of your username and/or personalized security credentials (see Contacting us and complaints). If you discover or suspect any unauthorized use of a payment or financial account linked to your PERSONALBANKER account, you should immediately notify the provider of that account.

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service if we believe there has been unauthorized access to your PERSONALBANKER account or we suspect it is being used to gain unauthorized access to any payment or financial account linked to our Services.

In the event we become aware of any major operational or security incident affecting the Services which could have an adverse impact on your financial interests, we are required to notify you of the incident and measures you can take to mitigate the impact.

You must cease to use and delete the password for your account upon termination of your account for whatever reason.

Our Services

The Services are described in fully on our website. We pledge that the Services will substantially conform to the relevant description on the Site and will be provided with reasonable care and skill.

In particular, our Services involve the provision of account information services to you. This means that by using our Services, you agree that we may, either directly or through our trusted third party service provider, access, process, aggregate or analyze information from one or more payment or other financial accounts (“Linked Accounts”) that you link to your PERSONALBANKER account in order to provide you with the following Services:

●        provision of information regarding your transactions and financial position across all Linked Accounts;

●        notifying you of certain activity concerning your Linked Accounts where you have requested such notifications; and

●        responding to messages you have submitted through your PERSONALBANKER account concerning your financial inquiries or transaction history.

We also offer access to an e-wallet service, which you can use to, for example, auto-save or send money to your friends and family. This is a third party service and as such, the use of this service is subject to terms available by a third party service provider upon registration for this service.

PERSONALBANKER Premium

We may, from time to time, offer a trial additional premium suite of services as further described on our Site (the “PERSONALBANKER Premium Services”) for which we may charge an additional fee (the “PERSONALBANKER Premium Subscription Fee”) per month (the “Subscription Period”).

Some of the PERSONALBANKER Premium Services may be subject to additional terms and conditions. By signing up for the PERSONALBANKER Premium Services, you agree to these additional terms.

On signing up to use the PERSONALBANKER Premium Services, you will provide us with valid, up-to-date and complete credit or debit card details, and you authorize us to charge such credit or debit card for the PERSONALBANKER Premium Subscription Fee. You will be charged to the bank account linked to your PERSONALBANKER wallet.

PERSONALBANKER may change the price for the PERSONALBANKER Premium Services from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for PERSONALBANKER Premium Subscription Fees will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the PERSONALBANKER Premium Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the PERSONALBANKER Premium Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

If we are unsuccessful in charging your credit or debit card and have still not received payment within 14 days after informing you, and without affecting any other rights and remedies available to us, we may, without responsibility to you, suspend or temporarily disable all or part of your access to the PERSONALBANKER Premium Services and we shall be under no obligation to provide any or all of the PERSONALBANKER Premium Services while the Subscription Fee remains unpaid.

All amounts and PERSONALBANKER Premium Subscription Fees stated or referred to in these Terms of Service:

●        are payable in the currency of your country;

●        are inclusive of value added tax (if applicable) unless otherwise expressly stated.

Your payment will automatically renew at the end of the “Subscription period”, unless you cancel your Paid PERSONALBANKER Premium Services Subscription through PERSONALBANKER before the end of the current Subscription Period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.

Linking payment or financial accounts

To use some of our Services you must link one or more payment accounts or, where available through the Services, other financial accounts, to your PERSONALBANKER account. To link a payment or other financial account, we require certain account details from you including your personalized security credentials relating to that account (“Linked Account Security Credentials”) (such as usernames, access numbers, passwords, security questions and answers, token/SMS codes, multifactor information, biometric information, device information usernames, PIN). We need these details in order to access and collect information from your Linked Account and/or your associated Linked Account transactions to provide our Services. You are responsible for notifying us of any changes to the Linked Account information or Linked Account Security Credentials you have provided.

Any Linked Account Security Credentials you provide will be communicated directly to your Linked Account provider and will only transmit them through safe and efficient channels in accordance with regulatory rules. PERSONALBANKER itself will not at any time store your Linked Account Security Credentials.

You must only link payment or other financial accounts that you are the account holder of. In linking a financial account to your PERSONALBANKER account, you confirm that you are the account holder. This means that you should check any terms and conditions with your Linked Account provider. You should be aware that only providers of payment accounts that are accessible online are required by regulations to allow you to access account information through a service provider such as PERSONALBANKER.

Our Services only support payment or other financial accounts provided by certain financial institutions and within certain jurisdictions. The payment and financial accounts that we are able to support may from time to time change. We cannot guarantee that your Linked Account provider will allow us to access information from your Linked Account and you are responsible for providing any additional consent or authorization required in order for us to do so.

Consent for accessing your Linked Account

When you link a payment or financial account to your PERSONALBANKER account, you authorize and instruct us to use your Linked Account Security Credentials and access and collect information from your Linked Accounts in order to provide our Services. The information that we access and collect includes transactions on your Linked Account, the features and benefits of your Linked Account and details of any regular transactions you have set up on your Linked Account.

In particular, you authorize us to access, process, aggregate and analyze such information from your Linked Account:

●        on a daily basis in order to refresh the financial information displayed on your PERSONALBANKER dashboard;

●        if you have set up notification requests within your PERSONALBANKER account, as and when required in order to provide you with the relevant notifications (and until such notification request has been cancelled by you); and whenever you send us a message through your PERSONALBANKER account regarding your Linked Accounts in order to answer your message.

●        You may remove a Linked Account from your PERSONALBANKER account at any time. Upon removal, we shall delete, and ensure any Linked Account Security Credentials held by us will can no longer access or collect information regarding the removed account.

In relation to our provision of the Services, you acknowledge that:

●        our Services consist of the provision of information obtained from your Linked Account providers and we will not be responsible for any delays or errors caused by the delays or errors of your Linked Account providers;

●        we cannot guarantee that your Linked Account providers will allow us to access all or any information from your Linked Accounts;

●        the information obtained from your Linked Account providers is provided to you on an “as is” basis and therefore no assurances are made that such data is accurate or up to date and we will not be liable for any losses you incur as a result of your reliance on that information;

●        you are responsible for reviewing and notifying us of any discrepancies between the financial information provided to you through our Services and information provided to you directly from your Linked Account providers.

Changes to the Service and terms

As it is our policy to continually review and update our Service offerings, we reserve the right to make changes to any Service and/or to these terms from time to time. We will always give you as much notice as we reasonably can of such significant changes.

Service suspension and termination

We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

These terms will continue to apply until terminated by either party. We may, with or without prior notice, terminate any contract between you and us (“Contract”) or suspend and/or terminate any Service and/or your use of your account in the event that you have breached any of these terms.

If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

●        issue of a warning to you;

●        immediate, temporary or permanent withdrawal of your right to use any Service;

●        legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or

●        disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

Upon termination of any Contract or Service or your account, for any reason:

●        all rights granted to you under these terms will immediately cease;

●        we will delete any information we hold regarding your Linked Accounts (including Linked Account Security Credentials); and

●        you must promptly discontinue all use of the relevant Service.

You may terminate your account at any time but you must notify us if you wish to do so (see Contacting us).

Access to the Services

We may, from time to time, restrict access to certain features, parts or content of the Services, or even all the Services, to users who have registered with us. In particular, we reserve the right to disable your account at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user proves to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Service. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. We will give you notice if we decide to terminate provision of the Services on any Application or the Website. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Services.

What you are allowed to do

You may only use the Services for non-commercial use and only in accordance with these terms. You may retrieve and display content from the Services on a computer screen/ mobile device, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Services and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

●        ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;

●        remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or

●        create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Services and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Services (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

Service features and content

We may change the format, features and content of the Services from time to time. You agree that your use of the Services is on an ‘as is’ and ‘as available’ basis and at your sole risk.

While we try to make sure that the content of the Services consisting of information of which we are the source is correct, you acknowledge that the Services may include content which is derived from a number of sources, for which we are not responsible. Should you wish to rely on any payment account or transaction information provided under this Service such that, if it were incomplete, inaccurate or out of date you could be prejudiced, you should check the information with the relevant payment account provider it has been obtained from.

In all cases, the information available through the Services is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Services or relying on any content.

We cannot and do not guarantee that any content provided as part of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

External links

The Services may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

Our liability

Nothing in these terms shall limit or exclude our liability to you:

●        for death or personal injury caused by our negligence;

●        for fraudulent misrepresentation;

●        for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

●        for any other liability that, by law, may not be limited or excluded.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at the email address you provide to us when signing up for an account. All notices and information we provide to you shall be in English.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected. These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply. These terms shall be governed by Ontario law.

Additional Terms

In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms shall prevail.

Contacting us

Please submit any questions you have about these terms, or any complaint or concern in relation to any Service by email to info@personalbanker.ca. Any complaints regarding our Services will be dealt with in accordance with our complaints handling procedures.

You may also mail us directly to;

PersonlBanker
403-3100 Steeles Ave West
Toronto, Ontario L4K-3R1