PART I: TERMS AND CONDITIONS FOR TDBC eDeposit™
49. General: The terms and conditions of Part I apply when you use TDBC eDeposit in Mobile Banking, and are in addition to the other terms and conditions set out in this Agreement. In accordance with Section 3, you confirm that we may change the terms and conditions of this Part I at any time by posting a notice on our Web Site. Your continued use of TDBC eDeposit after such posting means you agree to the amended terms and conditions.
50. Mobile Deposit Service: TDBC eDeposit allows you to make deposits to your Account(s) by taking a picture of the front and back of cheques and other items (“Images”) with an Electronic Device and delivering the Images and associated deposit information to us. We appoint you as our agent to act on our behalf in the creation and transmission of Images to us. You may not further delegate the role as agent. Qualification requirements may apply to TDBC eDeposit and we reserve the right to change the qualifications at any time without prior notice.
51. Hardware and Software: In order to use TDBC eDeposit, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time. See td-bc.com for current hardware and software specifications. TDBC is not responsible for any third party hardware or software you may need to use TDBC eDeposit. Any such hardware or software is accepted by you as is and is subject to the terms and conditions of use you enter into directly with the third party provider at time of download and/or installation.
52. Eligible items: You may image and deposit any of these original paper items issued by a bank located in Canada and payable in Canadian currency: cheques, bank money orders, bank drafts, convenience cheques and certified cheques. You agree you will not image and deposit any of the following:
- Items payable to any person or entity other than the person or entity that owns the Account that the item is being deposited into.
- Items which have been altered on the front, or which you know or suspect, or should know or suspect, are fraudulent.
- Items payable jointly, unless deposited into an Account in the name of all payees.
- Items drawn on a financial institution located outside Canada.
- Photocopies, PDFs or other printouts of items.
- Items which are postdated or dated more than 6 months prior to the date of deposit.
- Items with any endorsement on the back other than that specified in this Part I.
- Items which have been already deposited through TDBC eDeposit, a remote deposit capture service offered at any other financial institution, or any other means.
53. Endorsements and Procedures. You agree to endorse any item transmitted through TDBC eDeposit by signing your name and writing "For deposit only" on the back of the item or as we may otherwise instruct. Immediately after transmission of an Image, you agree to mark the front of the item as “paid” or “void” or cross it with parallel lines to indicate that the item has been imaged and transmitted. You agree to follow any other procedures and instructions for use of TDBC eDeposit as we may establish from time to time.
54. Receipt of Items. We reserve the right to reject any item transmitted through TDBC eDeposit, at our discretion. An item may be returned to us by the paying financial institution because, among other reasons, the paying financial institution determines that the item cannot be processed, is illegible, or is otherwise unacceptable. We are not responsible for items we do not receive or for Images that are corrupted or not fully received during transmission. We may charge back to your Account at any time, any item that we subsequently determine was not eligible for deposit. If the deposit amount does not match the amount of the Image, we may adjust your Account to reflect the amount on the Image received. You agree that we are not liable for any loss, costs, or fees you may incur as a result of our charge back or adjustment.
55. Availability of Funds: The day of deposit will be considered to be the day we receive the Image in the province where your Account is located. Funds will be credited to your Account immediately upon receipt of the Image but availability and access to the funds will be subject to TDBC’s Hold Policy and your access to funds limit.
56. Transaction/Processing Times: Deposits made after 6:00 p.m. (EST) will have a transaction date of the next business day. Deposits after 9:30 p.m. (EST) will be processed the next business day. Saturday, Sunday and holidays are not considered business days.
57. Destruction and Replacement of Transmitted Items: You agree to retain the item for at least 5 calendar days from the date of deposit, and destroy it within 120 calendar days of deposit. During the time you retain the item, you agree to promptly provide the item to us upon request. You are responsible for any and all costs associated with obtaining a replacement negotiable item in the event that we request you re-transmit an Image, and the original item was destroyed or otherwise lost. If you do not comply with any request made pursuant to this Section 57, then we can place a hold on or reverse any credit made to your Account in relation to the item, even if this creates an overdraft on your Account.
58. Deposit Limits. We may establish limits on the dollar amount of items and/or number of items which can be deposited. These limits may change from time to time without prior notice to you. If you attempt to make a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Part 1, and we will not be obligated to allow such a deposit at other times.
59. Presentment. The manner in which the items are cleared, presented (or represented) for payment, and collected shall be at our sole discretion.
60. Errors in Transmission. By using TDBC eDeposit you accept the risk that an item may be intercepted or misdirected during transmission. We bear no liability to you or others for any such intercepted or misdirected item or information disclosed through such errors.
61. Image Quality. The Image transmitted to us using TDBC eDeposit must be legible, as determined in our sole discretion and include, among other things, clearly legible and unaltered magnetic ink character recognition (“MICR”) information. The image quality of items must also comply with the requirements established from time to time by TDBC, the Canadian Payments Association, or any other regulatory agency or association. You agree that we shall not be liable for any damages resulting from an item’s poor image quality, including those related to rejection of or the delayed or improper crediting of such an item, or from any inaccurate information you supply regarding the item.
62. Your Promises to Us and Indemnification. You warrant to us that:
- You will only transmit eligible items.
- You have not already deposited or cashed the item.
- You will not re-deposit or re-present the original item.
- You will comply with this Part I and all applicable rules, laws and regulations.
- You will take all necessary precautions to prevent any other person from purporting to create or transmit an Image to the credit of your Account.
You agree to indemnify and hold harmless us from any Losses we may incur (other than due to our own gross negligence or misconduct) for breach of this warranty provision.
63. Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through TDBC eDeposit in your possession and your records relating to such items and transmissions.
64. Termination. We may terminate your access to TDBC eDeposit at any time and for any reason including, but not limited to, if you breach any term of this Agreement, if you use TDBC eDeposit for any unauthorized or illegal purposes or you use TDBC eDeposit in a manner inconsistent with any procedures or instructions we establish from time to time, in which case this Agreement will continue to apply in respect of your past access.
65. Limitation of Liability. Except as provided in Section 66 or as required by applicable law, we will not be liable to you for any Losses arising from TDBC eDeposit which include, but are not limited to: (a) a delay in processing a deposit; (b) requiring you to obtain another negotiable item; (c) technical difficulties or interruptions in service; or (d) your use or inability to use TDBC eDeposit, regardless of the cause of action, including negligence, even if we are advised of the possibility of such damages.