The Online Access Agreement (set out below) will apply to you when you sign in to TCG Online Community Financial Services Network.
IMPORTANT: Please read the following Online Access Agreement. You may review this Agreement on-line at any time.
This Agreement outlines the terms and conditions governing your access to your Accounts and Services through an Online Access Device.
This Agreement is in addition to, and not in substitution of, any other present or future agreement between you and TCG including any agreement you enter into when you open an Account. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on January 1st, 2004 for all users registered.
1. In this Agreement, these terms have the following meanings:
"Account" means my account with TCG;
"ETV Account Card" means the card displaying the number I use when signing on to access an Account or any Service and "ETV Account Card Number" means the number displayed on the front of that card;
"TCG" means the local Community Financial Services Centers and any of its subsidiaries or affiliates that offer access to an Account or any Service through an Online Access Device;
"Online Access Device" means any device which allows me to use or to access an Account or any Service including, but not limited to, a personal computer, a telephone used for IVR access, a pager, a PCS phone, a personal digital assistant or similar device;
"Online Instruction" means any instruction regarding my Account or any Service that is transmitted through an Online Access Device;
"I", "me" , and "my" mean the customer who applied for the Account or any Service;
"Information Provider" means any entity providing TCG, either directly or indirectly, with information or processing any such information and includes, but is not limited to, stock exchanges and news service providers or any such provider or processor of data or information;
"Passwords" means the combination of numbers and/or letters I select from time to time, for my use alone, as a means of identifying me and enabling me to access an Account or any Service;
"Service(s)" means third party record keeping for commercial exchanges, Community Financial Services, financial or investment or other ancillary services offered by TCG.
PASSWORD CONFIDENTIALITY AND YOUR LIABILITY
2. I will keep my Password(s) absolutely confidential. I agree to take every precaution necessary to ensure that my Password(s) are never disclosed, accidentally or otherwise, to anyone else at any time. I am solely responsible for maintaining the security of my Password(s). When choosing my Password(s), I will not use all or any part of:
1. a password I use for any other service;
2. my name or a close relative's;
3. my birth date, telephone number or address or a close relative's;
4. my Account number; or
5. my ETV Account Card Number.
3. If my ETV Account Card is lost or stolen or if I know or suspect that someone else may know any of my Passwords or may be using my ETV Account Card or my ETV Account Card Number, as soon as reasonably possible I must notify by phone or in person or by e-mail with receipt request: (a) my TCG branch; (b) TCG Telephone Community Financial Services; or (c) the contact specified in my customer agreement governing my Account. I will not be liable for losses that occur after I give notice. If I know or suspect that someone else knows any of my Passwords, I must change all of my Passwords immediately.
I will be liable for all losses that occur if my ETV Account Card Number and Passwords are used to access my Account or any Service whether I authorize that use or not unless I prove, to TCG’s satisfaction, that I did not disclose my Passwords to anyone else or in any way enable someone else to find out my Passwords. My liability will not be limited by my Account balance or credit limit or any daily transaction limits.
4. I authorize TCG to accept and I agree to be solely responsible for all Online Instructions regarding my Account or any Service. I acknowledge that an Online Instruction is final and I cannot object to it later.
TCG may, at its sole discretion, decline to act on an Online Instruction given or purported to be given by me. TCG will not incur any liability by reason of acting or failing to act in respect of an Online Instruction.
5. The Internet is not a secure medium of communication and TCG cannot guarantee the privacy of customer information inputted on this website or sent to TCG on the Internet. In order to assist in protecting customer information, TCG:
a. uses 128-bit encryption - one of the highest forms of encryption technology available today;
b. has implemented firewalls, cryptographic techniques and stringent internal access procedures; and
c. constantly monitors all internal systems to ensure there has been no security attack or attempted break-in.
6. TCG may maintain a database of my Online Instructions. TCG's records will be conclusive and binding on me in any disputes, including in any legal proceedings, as the best evidence of my Online Instructions, in the absence of clear proof that TCG's records are wrong or incomplete. TCG may rely on my Online Instructions as if I had given them signed and in writing.
7. Information provided to me through the Services may have been independently obtained from various Information Providers and is believed by TCG to be reliable and accurate. In no event will TCG or the Information Providers be liable to me or to others for any loss, damage or injury of any type caused or contributed to in any way by such information. For example, and without limitation, TCG and the Information Providers will not be liable if the information:
a. does not meet my needs;
b. is delayed or is not available at any particular time or for any particular purpose; and
c. is not timely, in sequence, accurate, complete or suitable for any purpose.
Information provided through the Services may include views, opinions and recommendations of individuals or organizations that may be of interest to customers generally. Neither TCG nor the Information Providers endorse such views, opinions or recommendations, or give investment, tax, accounting or legal advice, or recommend the purchase or sale of any security.
LIMITATION OF LIABILITY
8. TCG will make every reasonable effort to provide me with access to my Account or any Services through an Online Access Device. TCG will not be liable to me for any loss, costs or damages which I may incur as a result of my use of an Online Access Device or if access to my Account or any Service through an Online Access Device is not available or is delayed due to periods of increased volume or market activity or to allow for maintenance, updates or for any other reasonable cause. For example, and without limitation, TCG will not be liable:
a. for communication malfunctions that affect the accuracy or timeliness of messages or Online Instructions between me and TCG and/or which prevent them from being transmitted in whole or in part;
b. for delays or failures in performance resulting from acts beyond TCG's reasonable control including but not limited to acts of God, strikes, postal interruptions, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters;
c. if I make a mistake when inputting an Online Instruction;
d. if I fail to log off when I leave my personal computer and someone else accesses my Account or any Service;
e. if, for any reason, I cannot access my Account or any Service through an Online Access Device or the Services do not function; or
f. for any harm or loss to my personal computer or any records or data.
DISPUTES WITH MERCHANTS AND OTHERS
9. If I pay bills or purchase goods or services from a merchant I must settle directly with the merchant any disputes or claims I may have.
TCG has no responsibility for any problems or disputes with merchants, including if a merchant does not credit me for a bill payment, imposes any additional charges on me (such as late fees or interest penalties), or takes any other actions.
Although my bill payment will be withdrawn from the Account I select on the date I instruct TCG to make a bill payment, I understand that not all merchants treat payments as being received as of that date. I should give bill payment instructions several business days in advance of the date on which I wish payments to be effective. TCG will not be responsible for processing delays by merchants.
ACCESS TO CREDIT ACCOUNT
10. All transfers from my TCG CREDIT Account to another Account are treated as Credit advances and "Indebtedness" under the TCG CREDIT Agreement.
CHANGES TO THIS AGREEMENT
11. TCG may amend any provision of this Agreement by providing me with notice of the amendment(s) either before or after such changes take effect. Notice may be provided to me through an Online Access Device. If I continue to access my Account(s) or any Service or if I maintain my Account(s) after the effective date of the amendment(s) that will show I agree and consent to the amendment(s).
12. TCG may terminate this Agreement at any time without notice. TCG will have no liability for any loss or inconvenience which may result.
13. If there is a conflict between a term in this Agreement and the User Agreement governing my Account, the terms of the User Agreement governing my Account will apply to the extent necessary to resolve the conflict. However, the TCG CREDIT Agreement's limit on liability for unauthorized use does not apply to Credit advances obtained through Online Instructions; section 3 of this Agreement governs liability for such losses.
14. The terms, rules, procedures, fees and charges set out in any written or computer-generated instructions, manuals or other such documents relating to an Account or any Services form part of this Agreement.
15. Market data and other information provided through the Services is proprietary to TCG, the appropriate Information Provider(s) and their licensor(s) and is protected by applicable copyright law. I will not reproduce, sell, distribute, publish or commercially exploit the data without the express written consent of TCG and the appropriate Information Provider(s), as applicable. I will only use the market data and information for my own personal or business use.
16.This Agreement shall be governed by the laws of the countries and jurisdictions of the user's membership registration and or in the country where the dispute or matter is to be adjudicated.
17. I want this agreement and any related documents to be in English. Je reconnais avoir exigé que cette convention et les documents s'y rattachant soient rédigés en anglais.