- Access Card and Access Card Number:
Throughout this Agreement, “Card” means the TD Canada Trust Access Card, TD Visa* card or any other card that is issued by us in your name, your attorney's name or signed by you or your attorney. "Card" includes the Card number unless otherwise specified. This Agreement does not replace but is in addition to any other agreements you have with us. We (The Toronto-Dominion Bank and its affiliates) own the Card and may cancel or suspend it without prior notice to you.
- Use of your Card & PIN:
“PIN” means your Personal Identification Number, EasyLine PhoneCode,
EasyWeb password or any other number or word used with your Card. The Card and PIN are
used to access the Electronic Banking Services described below and to identify you. You authorize us to accept,
and you agree to be responsible for, any verbal or electronic instructions given by you through an Electronic
Banking Service to the same extent as if you had given signed, written instructions to us.
You may use your Card and PIN to access the following Electronic Banking Services:
- Green Machine ABMs, other Interac and Plus Network ABMs.
- Point-Of-Sale (POS) debit card terminals such as Interac and
NYCE Network terminals.
- EasyLine telephone banking service, which includes instructions given verbally or through the use of an
interactive voice response system.
- EasyWeb Internet banking service.
- Wireless banking; or
- Any other electronic banking service, which we may offer to you to use with your Card and PIN.
- Use of Electronic Banking Services:
Use of your Card or any Electronic Banking Service will show that you have received, understood and agreed to this Agreement.
You will use Electronic Banking Services in accordance with the terms in this Agreement or as we may otherwise communicate
to you from time to time.
You will not use Electronic Banking Services for illegal, fraudulent or defamatory purposes or take any steps which could
undermine the security or integrity of any Electronic Banking Service, or cause harm to or threaten to harm any other
user of Electronic Banking Services.
For our mutual protection, we may record all telephone calls that relate to the use of or include instructions for using
Electronic Banking Services.
- Accounts and Electronic Banking Services:
You may choose which Electronic Banking Services you wish to access through your Card.
You acknowledge that you may designate accounts you wish to link to your Card for access at ABMs and POS terminals, or through
the EasyLine telephone banking service interactive voice response system. You further acknowledge that you may have
access to all of your accounts by speaking to an EasyLine telephone banking specialist, or by logging on to EasyWeb
Internet banking, or by visiting a branch.
Where your account has overdraft protection, is a Line of Credit account, a credit card account, or is linked with another
account having some or all of these features, you will have access to these features and the balances in those accounts
through Electronic Banking Services.
- Limits:
We may set limits for your use of Electronic Banking Services from time to time. Your daily and weekly ABM, POS and deposit
hold limits are set out in the EasyAccess Customer Confirmation document that accompanied the Card issued to you.
We may obtain information about you from third parties, including through a credit check, and verify information with
them. This information will assist us in establishing your deposit hold limits for the Electronic Banking Services
that you may use. You may obtain another copy of this document from us at any time by visiting a branch or by
calling EasyLine.
We may change these limits (dollar amount or otherwise), for transactions that may be carried out by you through Electronic
Banking Services, from time to time without prior notice to you. It is your responsibility to check your limits from
time to time through your branch or EasyLine.
When your initial Card is issued, when a replacement Card is provided or at any other time, you may request lower limits
where those limits do not correspond to your daily or weekly usage expectations and present a level of unwanted risk
or potential liability for you.
- Selection of your PIN:
(a) Customer Selected PIN: You may select a PIN for use at ABMs or POS terminals at any TD Canada Trust branch when
your Card is issued, or at any other time. PIN length is determined by current market standard. When travelling
outside Canada, you may wish to select a 4-digit PIN, as some foreign ABMs do not accept anything other than
4 digits.
You will be issued a temporary PIN for some Electronic Banking Services when the service is set up for you. You will
be prompted to change this PIN when you first use the service.
(b) PIN Mailer: A system-generated PIN for ABM or POS terminal use may be provided by us for you if your Card
is issued by EasyLine or if you are unable to visit a branch. This PIN is generated in a secure environment and
printed on a tamper-proof form so that when you open it, you will be the only person to have knowledge of this PIN.
If you suspect that someone may know your PIN, you must immediately visit the nearest branch and change your PIN, or
notify us by calling EasyLine telephone banking at 1-866-222-3456.
- Card and PIN Security and Confidentiality:
You are responsible for the care and control of your Card and PIN. You must keep your Card and PIN confidential and
take every reasonable precaution to maintain them safely.
This includes:
- Keeping possession of your Card;
- Never keeping a written record of the PIN. Avoiding PIN combinations that may be easily determined by
others such as your name, birthday, phone number, address, Social Insurance Number, etc;
- Not disclosing your PIN voluntarily to anyone else at any time, including to a family member, friend,
financial institution employee or law enforcement agency;
- Taking all reasonable precautions to ensure that no one finds out your PIN while keying it in or logging
into an Electronic Banking Service.
- Your Liability for Transactions:
You are responsible for the full amount of all activity on your account completed through an Electronic Banking Service
resulting from:
- The use of your Card and/or PIN by you or any person to whom you have made the Card and/or PIN available
where you have not been the victim of trickery, force, intimidation or theft.
- Your failure to notify us as soon as you become aware that your PIN may have become known to someone else or your Card has been lost, stolen or misused.
- An entry error or a fraudulent or worthless deposit made through an Electronic Banking Service.
In those cases, you will be liable for losses in your accounts as defined in Section 5 of this Agreement.
Your liability may exceed your account’s credit balance or available funds if:
- The account is a credit card account or a Line of Credit account, has overdraft protection, or is linked
with another account having some or all of these features; or
- The transaction is completed on the basis of an entry error or a fraudulent or worthless deposit made
through an Electronic Banking Service.
We will not hold you liable for transactions completed through an Electronic Banking Service where it can be shown
that you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation provided
you report the incident to us promptly and cooperate fully in any subsequent investigation.
- Our Liability:
We are liable for:
- Unauthorized transactions after you have notified us that your Card has been misused, lost or stolen or that
the PIN security has been breached.
- Transactions completed through Cards that are forged, faulty, expired or cancelled.
- Fraudulent or negligent conduct by our employees or agents, companies involved in networking arrangements,
merchants who are linked to the electronic funds transfer system or their employees or agents.
- Losses to your account resulting from any failure, error, malfunction or technical problem of our system or equipment.
- Resolving Disputes:
We are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services purchased
from merchants or others through an Electronic Banking Service. You will resolve the dispute directly with
the merchant or others involved.
If you have a problem regarding a transaction completed through an Electronic Banking Service that is posted to your
account, speak to your branch, call EasyLine telephone banking at 1-866-222-3456 for English, at 1-800-895-4463
for French, or at 1-800-361-1180 for TTY (Text Telephone) to place a trace on the transaction. After you
report an unauthorized transaction, we will make every attempt to resolve your issue within 10 business days.
If required during investigation, you agree to provide a signed written statement, and if applicable, a signed
written affidavit. (Note: This may result in a temporary suspension of the 10 day time limit, until the
requested information is received.)
If the problem is not resolved to your satisfaction, follow the process outlined in Section 23 “If You Have a
Problem or Concern”.
- Lost or Stolen Card or PIN:
You will notify us immediately if:
- Your Card is lost or stolen, or you suspect it is lost or stolen, or someone has used it other than yourself.
- Your PIN has become known to someone else, or you suspect it has become known to someone else.
You will not be liable for any transactions resulting from the loss or theft of your Card or compromise of your PIN that
occur after the time you tell us about the loss, theft or compromise.
- Service Charges:
We will charge our current service charges for the Electronic Banking Services used by you. Please see our service
charge disclosure document for our current fees.
You will pay the service charges of any other financial institution that are imposed as a result of any Electronic
Banking Service that you may use.
We may debit your account accessed through the Electronic Banking Service for any applicable service charges.
If you don’t have enough money in your account to cover the service charges, they may be charged to any
other account you have with us, or your account may be overdrawn. Our service charges are subject to change
from time to time.
- Electronic Payments:
You are responsible for the accuracy of your electronic payment instructions, including the billing company paid,
billing account number and payment amount. Depending on the type of payment, electronic payment
instructions once sent may be final and irrevocable, so that funds sent in error may not be possible to
retrieve. It is your responsibility to ensure that the biller, billing account number and personal payee
information in your bill profile, and your personal information registered on our system, is accurate at
all times. We can update your bill profile, including your billing account numbers and billers’ names if
informed of a change by the biller or if deemed necessary by us.
It is your responsibility to ensure that sufficient funds are available in your account (or through overdraft
protection linked to your account) as at the effective time of your payment – payment instructions will
not be processed without sufficient funds. Postdated payments set up by you may not be processed for a
number of reasons, including insufficient funds, inconsistency between the billing account number on your
postdated payment and the billing account number registered on your bill profile at the time of processing
the payment, and a change in status of your Card, the biller, or your bill profile.
You recognize that different billers have different payment requirements and that you are responsible to know
what your biller’s payment requirements are. We may reject, cancel or return a payment to you that does
not meet these requirements. In addition, you are responsible to ensure that your payments are requested
so that there is sufficient time prior to their due date for them to be processed by us and by the biller.
Payment instructions made by you after our daily cut-off time or on a non-business day will require extra
time to reach the biller.
You will promptly and carefully examine your account transaction information to ensure your electronic payments
have been successfully and correctly processed and you will notify us within 30 days of the electronic
payment date of any errors or discrepancies. If we don’t receive notice from you within that 30-day
period, you accept the transaction information as valid and correct.
We are not responsible for any penalties, fees, interest, costs or damages imposed upon or suffered by you
with respect to any payments or for our inability to retrieve electronic payments from third party
accounts with us or from other financial institutions.
- Electronic Document Presentment:
We are not responsible for the failure of any company to provide any document or bill electronically to you.
- Interac Email Money Transfer:
To send an Interac Email Money Transfer, you must provide the recipient’s email address, and a
security question (“Security Question”) that will be used to authenticate the recipient of the transfer.
To receive an Interac Email Money Transfer, you must correctly answer the Security Question.
You agree that, as a sender of an Interac Email Money Transfer, it is your responsibility to (a)
provide the accurate email address of the recipient; (b) create an effective Security Question and
answer that is known only to you and the recipient, and (c) not to use email or any optional message
that may accompany the transfer to send the recipient the answer to the Security Question. As a
recipient, you agree to keep the answer to the Security Question confidential at all times and to
use it only as required to receive the transfer.
We will be entitled to pay the transfer to anyone who claims it as the recipient and correctly answers
the Security Question, whether or not that person is the person intended to receive the transfer.
We will not be liable for losses incurred by you as a sender or recipient of an Interac
Email Money Transfer as a result of misuse, improper communication or disclosure of the answer
to the Security Question.
- Transaction Records Activity:
You will be offered a transaction record at ABMs and POS terminals for your convenience to enable you to
check your account entries. You will be provided with an electronic verification number for
other Electronic Banking Services.
Our transaction records will be conclusive proof of use of your Card or an Electronic Banking Service
and will be considered your written request to perform the transaction. Even though you may be
provided with a transaction record, verification number, or interim statement, our verification
and acceptance of all transactions will be considered correct and binding unless there is an
obvious error.
Transactions completed through an Electronic Banking Service may be credited or debited to the
applicable account by us on a date determined by us. This date may be different than the date
on which you used the Electronic Banking Service.
- Debit Card Code of Practice:
We endorse the Canadian Code of Practice for Consumer Debit Card Services and commit to maintain or
exceed the level of customer protection it establishes.
- Liability For Damages Limited:
We will not be responsible or liable for any damage, loss or inconvenience you may incur if you are
unable to access any Electronic Banking Service as a result of any failure, error or
malfunction, even if the failure, error or malfunction was a result of our negligence or the
negligence of our employees, agents or representatives.
- Your Right to Cancel Any Electronic Banking Service:
Unless otherwise provided in this Agreement or agreed to by us, you may cancel any Electronic Banking
Service by notifying your branch or contacting EasyLine telephone banking. In all cases, you
still must fulfill all your obligations under this Agreement.
- Our Right to Terminate This Agreement:
We may cancel your Card or PIN, terminate this Agreement, or suspend or refuse to provide any Electronic
Banking Service without notice to you. In all cases, you still must fulfill all of your
obligations under this Agreement. You are not relieved of your obligations until all amounts owed
to us, including interest, service charges and costs, have been paid in full.
- Changing This Agreement and Our Service Charges:
We may change the provisions of this Agreement and the charges for use of the Electronic Banking Services
from time to time. We will notify you of any changes by either sending you notice (written or
electronic) or posting a notice in all of our branches.
If you keep a Card (including a renewal or replacement card) or use any Electronic Banking Service
after we send or post a notice, you accept the changes as of the effective date set out in the notice.
- Protecting Your Privacy:
Keeping your personal and financial information confidential has always been fundamental to the way we do business.
Our Privacy Code, “Protecting Your Privacy”, applies to The Toronto-Dominion Bank and its
affiliates. In it, we explain why we ask for your personal and financial information, how we protect your
records, when we release your information, and how you can view, check and correct it if needed. If you
have any concerns, please ask us for a copy.
- If You Have a Problem or Concern:
Tell us about your problem or concern in the way that is most convenient for you. You may contact a Customer
Service Representative at your Branch, or Business Unit that handles your account, call us toll-free at
1-800-430-6095,
contact us by mail at Customer Feedback, TD Centre, P.O. Box 193, Toronto, Ontario, M5K 1H6, by fax at
1-877-983-2932 or by email** at
customerfeedback@td.com. As a next step, if your concern remains
unresolved, the Manager will offer to elevate your problem to a representative of the Senior Management
Office. Alternatively, if you prefer to elevate the problem yourself, you may contact the Manager, or
one of our telephone banking specialists at the toll-free number above, and they will assist you.
If your concern remains unresolved, you may contact the TD Ombudsman, by mail at P.O. Box 1, TD Centre,
Toronto, Ontario, M5K 1A2, or toll-free at 1-888-361-0319.
If your concern still remains unresolved, you may then contact the Ombudsman for Banking Services and
Investments by mail at P.O. Box 896 STN Adelaide, Toronto, Ontario, M5C 2K3 or toll-free at
1-888-451-4519.
For a more detailed overview, please obtain a copy of our “If You Have a Problem or Concern” brochure
from any branch or from our website at www.td.com.
Financial Consumer Agency of Canada (FCAC) – If you have a complaint regarding a potential violation of a
consumer protection law, you may contact the Financial Consumer Agency of Canada in writing at 6th Floor,
Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. Please note that the FCAC does
not become involved in matters of redress or compensation – all such requests must follow the process
set out above.
