Online Chat Terms and Conditions

BY CLICKING “ACCEPT” OR OTHERWISE ACCESSING OR USING THE ONLINE CHAT, SCREEN SHARE, AND/OR CO-BROWSE SERVICE, YOU ARE AUTHORIZING ALTERNA BANK (“ALTERNA BANK”, “WE”, “US” OR “OUR”) TO VIEW AND ACCESS YOUR WEB SESSION USING THIRD-PARTY SOFTWARE AND SERVICES (COLLECTIVELY, THE “SERVICE”), AND YOU ARE AGREEING TO BE BOUND BY THESE SCREEN SHARING AND CO-BROWSING TERMS AND CONDITIONS (“TERMS”), EFFECTIVE ON THE DATE YOU AGREE. IF YOU DO NOT AGREE WITH THESE TERMS, OR PRESS “DECLINE” IN THE CHAT WINDOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU SHOULD IMMEDIATELY CLOSE THIS WINDOW, THE CHAT WINDOW, AND THE BROWSER WINDOW CONTAINING THESE TERMS. YOU SHOULD CAREFULLY REVIEW THESE TERMS PRIOR TO USING THE SERVICE.

YOU MAY END YOUR CURRENT USE OF THE SERVICE AT ANY TIME BY SELECTING THE “END CONVERSATION” OPTION.

1. About the Service

   The Service enables Alterna Bank and its customer service representatives to communicate with you via webpage, and to access and view your active web session along with you, to a limited extent, in order to provide you with live assistance and address your customer service inquiry. You understand, acknowledge, and agree that the Service is provided to you by Alterna Bank through the use of third-party software and services.
   
   You may end your current use of the Service at any time by selecting the “End Conversation” option.
   
   

2. Authority and Capacity.

   You represent, warrant and covenant that you:

   1. are a legal resident of Canada;

   2. are the age of majority in the province in which you reside, and have every right to contract in your own name; and

   3. have the power, authority, and capacity to agree to these Terms.
      
      

   By using the Service, you signify that you meet all the forgoing criteria and agree any action taken by you on or with regard to the Service shall be deemed an action taken on your own behalf.
   
   To the extent you are accessing or using the Service for your business, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of your business and that your actions are and shall be deemed to be authorized actions on behalf of your business.
   
   

3. Use of the Service.

   You agree to only use the Service in accordance with these Terms and applicable laws and regulations. You agree not to use the Service to the extent doing so would result in your breach of an obligation to a third party (e.g. your employer prohibits use of such a service on its equipment or through its network).
   
   Furthermore, you agree that you shall not:
   
   

   1. use, or permit others to use, the Service to make available any content or material, or to conduct themselves in a manner, that is harmful, intimidating, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory, obscene, excessively violent, or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner, defamatory, libelous or invasive of another's privacy or publicity rights, or which incites others to commit violence;

   2. copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service;

   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;

   4. remove, delete, alter, infringe, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from or through the Service, including any copy thereof;

   5. knowingly or negligently use the Service in a way that abuses, interferes with, or disrupts Alterna Bank’s networks or the Service;

   6. engage in activity that is illegal, fraudulent, false, or misleading;

   7. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; and

   8. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service.
      
      

   You agree that any information you provide to Alterna Bank during or through your use of the Service will be true, accurate, current and complete at the time you provide it, and that you will update such information to keep it true, accurate, current and complete. Alterna Bank is under no obligation to validate any information that you provide while using the Service.
   
   If you do not use the Service continuously, we may end your session after a short period of inactivity.
   
   

4. Collection and Use of Your Information.

   You acknowledge that when you use the Service, Alterna Bank and its customer service representatives may view, have access to, and collect information about you, your device, and browsing history when using the Service. You may also be required to provide certain information about yourself when using the Service so that Alterna Bank and its customer service representatives can assist you with your customer service inquiry. All information collected by Alterna Bank through or in connection with the Service is subject to Alterna Bank’s Privacy Policy. By using and providing information to or through the Service, you consent to all actions taken by Alterna Bank and its customer service representatives with respect to your information in compliance with Alterna Bank’s Privacy Policy.
   
   

5. Changes to Service.

   You understand, acknowledge, and agree that the Service is provided to you by Alterna Bank through the use of third-party software and services and Alterna Bank and/or the third party providing such software and services may from time to time make changes or updates to the Service, which may include changes to the form, nature, features, and functionality of the Service (collectively, including related documentation, “Changes”). You agree that Alterna Bank and its service providers have no obligation to provide any Changes or to continue to provide or enable any particular features or functionality of the Service. You further agree that all Changes will be deemed part of the Service and be subject to all terms and conditions of these Terms. Alterna Bank may suspend or discontinue the Service at any time in Alterna Bank’s sole discretion.
   
   

6. Third Party Materials, Software, Hardware and Services.

   You acknowledge and agree that Alterna Bank is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any content displayed, included, or made available by third parties (including data, information, applications, and other products, services, and/or materials) on third party websites (“Third-Party Materials”) viewed or accessed while using the Service. Alterna Bank does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
   
   You (and not Alterna Bank) are responsible for all your and any third-party software, hardware, and services used by you in connection with the Service. Any such third-party software, hardware, or services (whether required or optional) that you use in conjunction with the Service are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware, or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not Alterna Bank or these Terms.
   
   

7. Term and Termination.

   1. The term of these Terms commences when you click the “Accept” button or otherwise access or use the Service and will continue in effect until terminated by you or Alterna Bank as set forth in this section.

   2. You may terminate these Terms by selecting the “End Conversation” option and ending the Service session.

   3. Alterna Bank may terminate these terms and access to the Service at any time without notice and in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms or any applicable law or regulation.

   4. Upon termination:

      1. all rights granted to you under these Terms will also terminate; and
      2. you must cease all use of the Service.
      3. Termination will not limit any of Alterna Bank’s rights or remedies at law or in equity.
         
         

8. Unauthorized Access/Use and Fraud Investigations.

   Alterna Bank has the right to interrupt or restrict use or access to the Service, without notice to you, if Alterna Bank suspects fraudulent or abusive activity. You agree to cooperate with Alterna Bank in any fraud investigation and to use any fraud prevention measures prescribed by Alterna Bank. Failure to cooperate will result in your liability for all fraudulent usage.
   
   

9. Disclaimer of Warranties.

   YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY ALTERNA BANK TO THE FULLEST EXTENT PERMITTED BY LAW.
   
   

10. Limitation on Liability.

    ALTERNA BANK AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY ALTERNA BANK OR ANY PERSON FOR WHOM ALTERNA BANK IS RESPONSIBLE, AND EVEN IF ALTERNA BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
    
    

11. Indemnification.

    You agree to indemnify, defend, and hold harmless Alterna Bank and its officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Service or your breach of these Terms.
    
    

12. Dispute Resolution.

    Any dispute between you and Alterna Bank or any other person arising from, connected with or relating to the Service, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
    
    

13. Changes to Terms.

    Alterna Bank reserves the right to revise these Terms at any time. Upon modification, Alterna Bank will update the date indicated after “Last Modified” at the beginning of these Terms. You should carefully review these Terms each time you use the Service. If you do not agree with the current or modified terms, you must immediately cease using the Service. Your use of the Service after changes have been made to these Terms constitutes your agreement to be bound by these Terms as modified.
    
    

14. Entire Agreement.

    These Terms and the Alterna Bank’s Privacy Policy constitute the entire agreement between you and Alterna Bank with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
    
    

15. Severability.

    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
    
    

16. Governing Law.

    All matters relating to the Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario, and applicable federal laws of Canada without giving effect to any choice or conflict of law provisions or rule.
    
    

17. Waiver.

    Alterna Bank’s failure or delay to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by Alterna Bank of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.