Digital Service Agreement

Table of Contents

Introduction 

This Digital Service Agreement (the “Agreement”) includes the terms and conditions of various digital services offered by Libro Credit Union Limited (“Libro”). By using any of these services, you agree to be bound by the terms of this Agreement. 

Definitions 

Capitalized terms not defined below are defined in the Service Agreement. 

Account or Accounts: “Account” or “Accounts” mean any individual Account or Accounts within the entire set of chequing, savings, investment, retirement, and loan Accounts all belonging to and operated by one or more Owners individually or jointly with each other under one general portfolio identification number. 

Agreement: This Digital Service Agreement including all its sections and terms. 

Biometric Sign-In: Fingerprint, facial recognition, or other biometric technology used to authenticate access to Libro Mobile Banking. 

Cheque Image: The digital representation of a cheque captured using the Mobile Cheque Deposit service. 

Digital Services: All online services provided by Libro, including Online Banking, phone apps, and additional third-party solutions accessible via various URLs through Libro’s web properties.  

Electronic Signature: Electronic Signatures are a form of specific information, used by the Owner, to authenticate their identity to Libro. This enables Owners to access information and/or authorize a transaction or service request electronically. Forms of Electronic Signatures accepted by Libro may change from time to time and may include, without limitation: a digitized form of a handwritten signature, an electronic drawing of a signature, a unique password, code, or Personal Identification Number (PIN), etc. 

Interac e-Transfer Answer: The security answer used to authenticate and claim an Interac e-Transfer transaction. 

Interac e-Transfer Contact Information: Information such as email address or phone number used to send or receive Interac e-Transfer transactions. 

Mobile Cheque Deposit: The service allowing users to deposit cheques by capturing and transmitting cheque images via mobile devices. 

Online Banking: The core digital banking service provided by Libro through the internet, accessible at my.libro.ca, and through a Libro app available at the Apple App store and the Google Play store This service allows users to transact on their accounts, maintain personal information and profiles, and access other core services offered by Libro. 

Owner: A member of Libro Credit Union Limited who uses the services described in this Agreement or Libro’s Service Agreement. 

Participating Financial Institution: A financial institution participating in Interac e-Transfer Services or Online Payment Services, as the case may be. 

Service(s): Any of the digital services offered by Libro, including Online Services, Mobile Cheque Deposit, Interac e-Transfer, and Yooli services. 

Wrongful Activity: Any use or attempted use of the Interac e-Transfer Services by You or a Third Party, acting alone or in concert, that is fraudulent, unauthorized, made in bad faith or otherwise improper, whether for financial gain or otherwise. 

Yooli: The personal financial management service provided by Libro in partnership with MX. 

Digital Service Agreement 

What is covered by this Digital Service Agreement? 

This Digital Service Agreement applies to all Libro Credit Union Limited (“Libro”) Owners effective September 1, 2024, who use Libro’s Online Banking and Digital services through mobile and computer devices using the internet.   

By clicking “I agree”, or by using the online service, you agree to be bound by the terms of this Digital Service Agreement. The consideration for entering into this Digital Service Agreement is being granted access to Libro’s online service. This Digital Service Agreement is in addition to, and does not replace, the Libro Service Agreement, which is available here. 

Online Obligations 

When using the online service, Owners must keep the following obligations in mind, which summarize more detailed provisions in the Libro Service Agreement.   

  1. All Electronic Signature information [including, but not limited to: passwords, security codes, Personal Identification Numbers (PINs)] must be kept secret and confidential. You may not show or tell them to any other person, not even family members.   
  2. Do not record Electronic Signature information in a form that can be read by others.  
  3. Do not use easily guessed Electronic Signature words or codes such as those based on consecutive numbers, address, phone number, birth date, etc.   
  4. Take all reasonable precautions to prevent others from hearing, seeing or otherwise learning the Electronic Signature information including when inputting the information on a private or public computer or while using your mobile phone. You are responsible for taking reasonable steps for preventing access to your device, or Mobile Banking Application by other individuals.   
  5. If you believe for any reason that your Electronic Signature information or the device it has been used on has been compromised, you must notify Libro immediately.  
  6. You are responsible for all activity that occurs under the usage of your Electronic Signature. You, not Libro, are liable and responsible for any and all losses created by your failure to maintain Electronic Signature information confidentiality. The onus is on you to establish that this confidentiality has not been breached. 

Paperless & Cheque Images

If you decide to go “paperless”, you are responsible for downloading and checking your statement as per the Service Agreement.   

With paperless, at no additional charge, you can view digital images of your cheques through Online Banking. Only the primary holder of a joint account can change the viewing settings of cheque images. Any changes made that impact the viewing of Online cheque images will apply to all individuals who have access to that joint account. 

Biometric Sign-In 

Biometric Sign-In, including fingerprint and facial recognition technology, that is available on mobile devices for unlocking the mobile device, and signing in to Libro Mobile Banking, is  a form of Electronic Signature. In using Biometric Sign-In, you will not allow any other person to register their face or fingerprints on your mobile device. You will also keep your device passcode confidential. This is because new faces and fingerprints could be added with the device’s passcode.  

Biometric data is used for sign in purposes with Apple and Android devices. Libro uses the verification results provided by the device.  Libro does not collect or store users’ biometric identifying data used by the phone for verification. 

Libro Credit Union reserves the right to change, suspend or discontinue the use of Biometric ID on its Mobile Banking Application, or any other Software or any Digital Service that it provides, at any time without notice.  

Interac e-Transfer® Services 

Service Availability and Currency

By turning on Two-Step Verification or Enhanced Security, you are able to take advantage of Interac e-Transfer services. This service allows you to send and receive money provided the recipient holds a Canadian dollar account with another Canadian financial institution. Daily, weekly, and monthly limits apply. The receiving financial institution may charge a fee to the recipient. Terms and conditions may vary by institution. More information about e-Transfers can be found on Libro’s public website. 

Interac e-Transfer Services are available only in Canadian dollars.
 

Transaction Processing and Security

Your Account will be debited as soon as You initiate a transaction, and Libro or Interac Corp. may hold the transaction amount until the recipient successfully claims the transaction or the transaction is cancelled. We have no obligation to and will not pay interest on the transaction amount. To the extent permitted at law, We are deemed to have a security interest in the transaction amount from the time the Account is debited until the recipient successfully claims the transaction or the transaction is cancelled. 

Transactions sent and received through the Interac e-Transfer Services are subject to number and dollar limits that may change from time to time without prior notice to You. 

We will not be responsible or liable for any losses or damages incurred as a result of funds held and limits set by Interac Corp., or another Participating Financial Institution. 

An Interac e-Transfer notice advising the recipient of the transaction may be generated within approximately 30 minutes after You originate the transaction.
 

User Responsibilities and Liabilities

As the sender, You will keep the Interac e-Transfer Answer confidential and will not disclose it or share it with anyone but the intended recipient; You will select an Interac e-Transfer Answer that is known only to the recipient and that cannot be easily determined via social media or other means; You will not disclose the Interac e-Transfer Answer in the applicable security question, hint or transaction details; and You will not provide the recipient the Interac e-Transfer Answer via the email or phone number that was used to send the Interac e-Transfer notice; 

If applicable, the recipient must correctly provide the Interac e-Transfer Answer to claim the transaction; 

Libro and Interac Corp. or Interac Corp.’s agents are entitled to pay the transaction amount to anyone who, using the Interac e-Transfer Services, claims to be the recipient and successfully provides the Interac e-Transfer Answer; 

Libro will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever incurred as a result of a Third Party, other than the intended recipient to the transaction, guessing or obtaining the Interac e-Transfer Answer through any means other than in the event of a Wrongful Activity, however notwithstanding the foregoing, in the event of an intercepted transaction from Your account where the funds did not reach the intended recipient, We may provide reimbursement to You provided that You did not participate in the Wrongful Activity, You fully cooperate in the investigation of such event, and that You have satisfied and remain in compliance with all of the applicable terms and conditions in this Agreement; 

As the recipient, You will not disclose the Interac e-Transfer Answer except as required to claim the transfer; 

The recipient may claim a transaction using Libro’s online banking services or another Participating Financial Institution; transactions sent via account number, payment identifier, Autodeposit or Request Money may be automatically deposited into the account of the recipient/requestor; 

If the recipient declines a transaction that You initiated, the transaction will be returned to You; 

While the Interac e-Transfer Notice is usually delivered to the recipient within 30 minutes, We do not guarantee the time of deposit; 

As the sender, the transaction will be returned to You if the recipient does not claim the transaction within 30 days of the date the transfer is initiated, if the transaction cannot be successfully sent to the recipient’s Interac e-Transfer Contact Information as provided by You, or if the recipient declines the transaction; 

As the sender, You are responsible for providing the recipient’s correct Interac e-Transfer Contact Information and further agree that the recipient has consented to Your use of the Interac e-Transfer Contact Information for Interac e-Transfer Services purposes, including its provision to Libro, the other Participating Financial Institution, and Interac Corp.; 

Libro may cancel a transaction if We have reason to believe that a mistake has occurred or if Libro believe that the transaction is a product of unlawful or fraudulent activity; 

You are responsible for providing the recipient’s correct Interac e-Transfer Contact Information and will immediately update it via Libro’s Online Banking if there are any changes to the Interac e-Transfer Contact Information; 

As the sender, You may cancel a transaction before the recipient successfully claims the transaction. As the recipient, You acknowledge that a transaction may be cancelled up to the time You successfully claim the transaction; 

All disputes between sender and receiver, including but not limited to dollar amount discrepancies, product or service payment disputes, recipient contact information changes will be handled directly between the sender and the recipient without the participation of Libro or any other party; 

Libro may modify or discontinue Interac e-Transfer Services, or cancel or suspend your access to the service, at any time without notice, even if you have had the service in the past. Libro is entitled to block, stop or cancel Interac e-Transfer transactions should we deem the activity may cause a loss to you, Libro or a third party. Additionally, should the Service Agreement between you and Libro be compromised for any reason, Libro may refuse to provide Interac e-Transfer services to you; 

Libro will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing a transaction; 

You are responsible for charges, if any, or data rates that Your applicable service provider may apply for transmitting and receiving data (including but not limited to data roaming charges); 

As the recipient, if You have activated the Autodeposit feature for the email address used by the sender to send You funds, or by other means that may become available, such as mobile number, then the money You receive via Interac e-Transfer Services is automatically deposited into Your account and You will not have to provide the Interac e-Transfer Answer, notwithstanding that the Autodeposit feature is subject to support by the sender’s respective financial institution; 

If You are the requestor of funds through Interac e-Transfer Services, You must provide the email address or mobile number of the recipient of Your request, You further agree that the recipient of such request has consented to Your use of the Interac e-Transfer Contact Information for Interac e-Transfer Services purposes, including its provision to Libro, the other Participating Financial Institution, and Interac Corp.; and You must provide the eligible account You want Us to use to deposit the money You receive, if Your recipient accepts Your request; 

You agree that it is Your responsibility, as sender, to provide complete and accurate information about the recipient and, as the recipient to any request for transfer, to respond only to requests that You are expecting and have consented, to such requestor of funds, to receiving; 

You agree and acknowledge that any personal information sent through Interac e-Transfer Services by You, whether through the transfer of funds or a request for funds, shall be Your responsibility, and Libro shall not be liable for any cost, expense, loss, damage, or inconvenience for any violation of applicable privacy laws or regulations, as the case may be, and for certainty, You further agree that any transfer of personal information through Interac e-Transfer Services shall be subject to the privacy policies of the Participating Financial Institution. 

Mobile Cheque Deposit Service 

Use of Mobile Cheque Deposit

The Mobile Cheque Deposit service is for personal use to deposit cheques payable to you into your Libro account(s). You agree to create and transmit cheque images only for cheques payable to you. Each image submitted must be of the original cheque. 

Responsibilities and Obligations

  1. You will create and submit cheque images and other information regarding the deposited item only for cheques payable to you and to be deposited in your own account(s). You will not delegate this role to any other person. 
  2. Libro may provide information about you and your use of Mobile Cheque Deposit to Central 1 (the payment processor, which processes the majority of credit union payment items across Canada) including personal information, to allow Libro and Central 1 to process your request. 
  3. You grant Central 1 the right and license to use, and to authorize other persons to use, your cheque images and the information provided with your cheque images, for the sole purpose of processing and approving your deposit. 
  4. You agree to use Mobile Cheque Deposit only to take images of, submit and deposit official cheque images. Each image that you submit to Libro will be an image of the original cheque you wish to deposit.  You will not take a photo of a copy of the cheque, from printout, photocopy, or another photo of the cheque.  
  5. The official image that you submit to Libro must be of the entire front and back of the cheque, clearly showing all of the details. This includes that the date, institution, payee, amount in words and figures, signature of the drawer and magnetic ink character recognition (MICR) information must be clearly legible.    
  6. You agree to never use Mobile Cheque Deposit for cheques which you know or suspect are not authentic, are fraudulent or are not otherwise valid.  
  7. You agree to cooperate with Libro in its investigation of any suspicious or fraudulent activities relating to the transmission of the deposited item or the use of Mobile Cheque Deposit. 
  8. You agree to only submit official cheque images of cheques that have not been deposited, or imaged and transmitted for Mobile Cheque Deposit elsewhere.  
  9. You will not use Mobile Cheque Deposit to take images of, submit or deposit items which are post-dated or dated more than 6 months prior to the date of deposit. 
  10. You will retain each original cheque for at least 15 calendar days from the date it is successfully deposited and to destroy the original cheque soon after 15 calendar days of the successful deposit date.   
  11. During the time you retain the original cheque, you will promptly provide the original cheque to Libro upon request. 
  12. You may be responsible for a fee for the use of Mobile Cheque Deposit, depending on the type of account you have with Libro.  
  13. You are responsible for any costs associated with obtaining a replacement deposit item in the event that we request you re-submit an official cheque image of that deposit item and the original deposit item was lost or destroyed. 

 Cheques deposited through Mobile Cheque Deposit must be payable to the person(s) or business name on the account that is registered with Libro, no other person or entity is permitted. Libro does not accept third party cheques, a cheque that is made payable to someone else and endorsed to you, through any means (Mobile Cheque Deposit, ATM, or in branch).  

Availability of Mobile Cheque Deposit

Mobile Cheque Deposit is offered through Libro’s smartphone application (Mobile Banking) available on Google PlayTM and the App Store.
App Store is a service mark of Apple Inc. 

Mobile Cheque Deposit is available to Libro Owners who have read and accepted Libro’s Service Agreement. Libro may refuse access to Mobile Cheque Deposit, at any time without notice, even if you have had the service in the past. Qualification requirements, including but not limited to credit history and previous misuse of the service, may apply to Libro Mobile Cheque Deposit and we reserve the right to change qualifications at any time without prior notice. 

Mobile Cheque Deposit is subject to limits regarding the number of cheques deposited and the dollar value of those cheques, and may change from time to time without prior notice.  Any such limits and changes will be effective when established by Libro. 

Transaction Processing and Security

Once the cheque image is processed through Mobile Cheque Deposit, the same rules regarding returned or dishonoured cheques apply as if the cheque was deposited at a Libro branch. Once the image has been processed through Mobile Cheque Deposit, the full amount or a portion of the cheque may be made available prior to approval but if, after review, the cheque is declined the deposit will be reversed and funds revoked.    

The day of deposit will be the day the official cheque image is processed. Libro will credit funds to your account upon our receipt of the item but you acknowledge that we may place a “hold” on funds that are sent or received through Mobile Cheque Deposit and therefore the availability and access to the funds will be subject to any hold that we place on the funds (as well as any other limits or restrictions described in this Agreement).  

If the deposit amount does not match the amount of the cheque image transmitted, we will adjust your account to reflect the amount on the cheque image received.   

The original cheque must be retained for 15 days to ensure it clears correctly. There are instances where adjustments, such as but not limited to, unusable image, post-dated cheques or fraudulent cheques, must be reversed from the account and possibly redeposited by the Owner. If Libro has requested to review or receive the original cheque within the 15 days and the cheque has been destroyed, it will need to be reissued and redeposited. 

Yooli Terms and Conditions 

This section contains additional terms for your use of Libro’s Yooli application (“Yooli Services”). The Services are provided by MX Technologies, Inc. (“MX”) from the United States. To use the Services you must be a Libro Owner.  Permissions, limitations, designations, and authorizations contained herein are for both Libro and MX, even if they are expressed as being to Libro. MX’s provision of the Services is subject to an agreement between Libro and MX.  To learn more about the relationship between MX, Libro, and Libro members, please see our Yooli FAQs [www.libro.ca/yooli-faqs]. You can read MX’s Privacy Policy by visiting www.mx.com/privacy-policy. If there are any inconsistencies between the Yooli FAQs and either this agreement or Libro’s Service Agreement, the terms of this agreement and Libro’s Service Agreement will govern. 

Accurate Information

The information you provide through the Yooli Services must be accurate, current, up to date, and complete. You will not misrepresent your identity or account information. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you access through the Services, and that you have the authority to (i) designate Libro as your agent, (ii) use the Services, and (iii) give Libro the passwords, usernames, and all other information you provide. 

Authority to Access Information

Your use of the Yooli Services is your authorization for Libro, as your agent, to access third party sites that you designate to retrieve information. You authorize Libro to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the Yooli Services for the purpose of accessing those sites and accounts on your behalf as if you were doing so yourself. Third-party sites may rely on the authorizations granted by you or through your account. The Yooli Services will be provided by MX from the United States, and the data you provide through the Yooli Services, including your personally identifiable information, will be processed from within the United States. 

Libro does not have access to user information aggregated from other financial institutions into Yooli. As described in the Aggregated Data section, Libro has access to aggregated and anonymized financial data derived from other information, but not on the level of a single user. MX and Libro also tracks behavioural and usage data to help improve Yooli. 

Third Party Accounts

With respect to any third-party sites and non-Libro accounts you access through the Services: 

  1. You are responsible for all fees charged by the third party. You must comply with the terms of those parties. This agreement does not amend any agreements you have with third parties. If you have a dispute or question about any transaction on a non-Libro account, you must direct those to the account provider. 
  2. Any links to third party sites are for your convenience only. Libro does not sponsor or endorse third party sites, or have any responsibility for any transactions or inquiries you initiate at third party sites. Libro is not liable for any damages or costs of any type arising out of or in any way connected with your use of third party services. 

Acceptance of User Agreement and Changes

Your use of the Yooli Services constitutes your acceptance of this agreement. Libro may change this agreement at any time, and will notify you of any material change via e-mail or on our website by providing a link to the revised agreement. Your continued use will indicate your acceptance of the revised agreement. 

Aggregated Data

The Services are provided in accordance with Libro’s [https://www.libro.ca/legal/privacy-policy] and MX’s [www.mx.com/privacy-policy] privacy policies. Aggregate information that has been anonymized, comprising financial account balances, other financial account data, or other available data that is collected through your use of the Yooli Services, may be used by Libro to conduct analytical research, performance tracking and benchmarking. MX may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with third parties other than as necessary to provide the Yooli Services, and will not be sold to third parties. 

User Conduct

You will not use the Yooli Services or the content or information delivered through the Yooli Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Yooli Services to impersonate another person or entity; (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, privacy, or false advertising); (c) create liability for Libro or cause Libro to lose the services of our service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use the Yooli Services in such a manner as to gain unauthorized entry or access to computer systems. If you use the Yooli Services in violation of this agreement Libro may cancel your use of the Yooli Services. 

Indemnification 

You will defend, indemnify and hold harmless Libro, MX, their respective third party service providers and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable legal fees and costs, arising out of or in any way connected with access to or use of the Yooli Services under your account, your violation of these terms, or your infringement of any intellectual property or other right of anyone. 

Disclaimer

When using the Yooli Services, you may incur technical or other difficulties. Libro is not responsible for any technical or other difficulties or any resulting damages you may incur. Your use of the Yooli Services and all information and content is at your risk and is provided on an “as is” and “as available” basis. Libro does not promise that the Yooli Services will be uninterrupted, timely, secure, or error-free, that the results from the Yooli Services will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through the Yooli Services will meet your expectations. Any information provided as part of the Yooli Services is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We reserve the right to change, suspend or discontinue any or all of the Yooli Services at any time without prior notice. The Yooli Services are strictly informational in nature and are provided with the understanding that Libro is not providing accounting, investment, tax, legal, financial or other professional advice or services via the Yooli Services. If such advice is required, the services of a competent professional should be sought. Libro is not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Yooli Services or any materials or information accessible through it. Past performance does not guarantee future results. 

Limitation of Liability

All promises made by Libro regarding the Yooli Servies are contained in this agreement.  No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.  You cannot collect any damages from Libro for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) for any damages of any kind (whether direct, indirect, incidental, special, consequential, or punitive or otherwise).  Libro relies on these limitations when entering this agreement and setting its fees.  They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached. 

Other Terms

You may not assign this agreement. A determination that any provision of this agreement is unenforceable or invalid shall not render any other provision of this agreement unenforceable or invalid.