Electronic Banking Services Agreement

This Electronic Banking Services Agreement (the “Agreement”) covers your use of all Bank of Montreal Electronic Banking Services as described below.

  1. Definitions

    "Account" means any one or more of the following that we have, at your request, linked for access with your Card:
    (i) a Bank of Montreal personal chequing account;
    (ii) a Bank of Montreal personal savings account.

    "Aggregation" means an account aggregation service that retrieves, consolidates, organizes and presents information to you about your accounts with us and with other financial institutions that you choose to have included.

    "Assisted-Service" means transactions or Account history inquiries completed with the assistance of a staff member in a Canadian branch or through Electronic Banking Services.

    "BMO Alert" means a message (including general marketing information as well as messages about one or more of your Accounts which in turn may include your confidential information) that is sent electronically by us to you or by you to us, through one or more of the following channels:
    (i) a message that is posted in the Message Centre;
    (ii) an email message that is sent to an email account; or
    (iii) a text message that is sent to a mobile phone number.

    "BMO Digital Banking" means the online, mobile, tablet or any other digital self-service channel that we may make available to you.

    "Card" means:
    (i) your BMO Debit Card or any other card, whether physical or digital, issued by Bank of Montreal, that we permit you to use in connection with Electronic Banking Services;
    (ii) stored value cards when used in connection with your Secret ID Code in order to access your Account; and
    (iii) in each case the numbers associated with any such card, unless otherwise specified.

    "Debit Transaction" means a transaction that debits an Account conducted by any means of Account access, including cheques, and all withdrawals of funds, bill payments, debit card purchases, transfers of funds including Interac e-Transfer, Western Union®‡‡ Money TransferTM‡‡ and pre-authorized bill payments or debits.

    "Electronic Banking Services" means the different ways we allow you to access an Account using your Card or Secret ID Code, including:
    (i) Bank of Montreal's Telephone Banking Services and any other Telephone Banking Service we may make available, which includes instructions given orally or through the use of an interactive voice response system (such as pressing the number buttons on a touch tone telephone);
    (ii) BMO Digital Banking;
    (iii) BMO Alerts;
    (iv) BMO ATMs, or other ATMs that we approve for use, including devices for loading stored value cards;
    (v) point-of-sale or debit card terminals at locations that permit you to use your Card to make direct payment transactions from, to, or in connection with an Account;
    (vi) any account and information aggregation or consolidation services we make available;
    (vii) any other electronic channels that we may enable you to use by means of your Card or Secret ID Code or otherwise.

    "Electronic Transaction" means the following:
    (i) transactions with respect to an Account, including deposits, withdrawals, transfers or payments (including bill payments and direct payment and point of sale transactions), cheque stop payment instructions, and other transactions with respect to an Account that we may permit through Electronic Banking Services;
    (ii) applications for investments, mortgages, loans and other types of credit; and
    (iii) other transactions, services or information that we may make available.

    "Message Centre" means a secure online location accessible through BMO Online Banking Services, or any other digital self-service channel that we may make available to you, where you and the Bank may exchange communications.

    "PIN" means a personal identification number.

    "Secret ID Code" means your PIN, password, challenge questions and responses, biometric information or other identification code (whether provided to you by us or selected by you), which is used, together with your Card or alternate mutually agreed upon form of identification.


  2. Use of Electronic Banking Services

    • Your use of Electronic Banking Services will show that you have received, understood and agreed to this Agreement. You will use Electronic Banking Services in accordance with our directions in this Agreement, or as otherwise communicated to you from time to time.
    • You authorize us to accept without any further verification, and you agree to be responsible for, all instructions for Electronic Transactions via Electronic Banking Services, when accompanied by your Card and/or Secret ID Code.
    • Except as shown in Section 12, "Your Liability", the use of your Card or Secret ID Code by you, or by any person with or without your knowledge or consent, in connection with an Electronic Transaction, binds you legally and makes you responsible as if you had given signed instructions to us.
    • We may verify communications, or the source of the communications, before we accept them, but we are not obligated to do so.
    • If you use Electronic Banking Services to make bill payments, it is your responsibility to ensure that the billing information (such as biller name and billing account number) you provide to us is accurate and up-to-date at all times and the amount of the bill payment is correct. You consent to us exchanging billing information with your billers to ensure that your billing information is accurate and up-to-date. We have no obligation to seek updates to your billing information from any billers and we are not liable to you for any loss, penalties, fees, interest, costs, damages or claim that may arise as a result of us not having obtained or received your accurate and up-to-date billing information.
    • If you use Electronic Banking Services for Interac e-Transfer, you agree that, it is your responsibility as a sender to (a) provide the accurate email address of the recipient; (b) create an effective security question and security response that is known only to you and the recipient, and (c) not to email the response to your recipient or include the response in the Interac e-Transfer message field. 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 Interac e-Transfer.


  3. Timing of Electronic Transactions

    • We will process Electronic Transactions made on a weekend or holiday on an Account on the day you make the transaction. We may, however, require up to five business days:
      (i) to process any deposit, including any transfer between Accounts; or
      (ii) to act on bill payment instructions.
    • We will place a hold in the amount of your transaction for 5 business days when you use your Card to make a purchase online or in-store outside of Canada that is processed through the Mastercard®* network. We will remove the hold when the transaction is posted to your Account or after 5 business days, whichever is shorter. Your transaction may take up to 30 days to be processed. You must have sufficient funds in your Account when your transaction is posted to ensure that your account does not go into overdraft.
    • We may decline or delay acting on an Electronic Transaction for any reason; for example, if the instructions are incomplete, ambiguous or cannot be carried out due to insufficient funds or otherwise, or if we doubt their authenticity or their lawfulness.


  4. Instructions by Fax or Verbally by Telephone

    • We may tell you that we are willing to accept faxes (communications transmitted by facsimile) at designated telephone numbers.
    • In addition to communications by voice and mail, you authorize us to communicate with you through online notices as well as through the following channels at such numbers or addresses as you provide to us: fax or email message.
    • Faxed instructions are Assisted-Service Debit Transactions, and fees will be assessed accordingly if not covered by your Everyday Bank Plan.


  5. Foreign Currency Transactions

    The exchange rate for converting foreign currency transactions to Canadian dollars is the rate charged to us by Mastercard International on the date the transaction is posted to your account, plus 2.5% for purchases and minus 2.5% for refunds. For foreign currency transactions other than U.S. dollars, the amount is converted first to U.S. dollars and then to Canadian dollars.


  6. BMO Alerts

    • You are responsible for ensuring that the email address or mobile phone number you provide to us for the purpose of receiving BMO Alerts are accurate and up to date at all times. You agree that we are not liable to you for any loss or claim that may arise as a result of BMO Alerts sent to you. We cannot guarantee the timing of delivery of BMO Alerts due to multiple third party involvement.
    • If you register for BMO Alerts, and you dispose of your mobile device, you are responsible for notifying us of the change, and deleting the device as a delivery method for BMO Alerts.
    • You are responsible for all fees charged by your mobile device service provider including standard messaging and data charges. If you cancel your mobile phone number or change your email address, you are responsible for deleting all BMO Alerts delivered to that mobile phone number or email address.
    • BMO Alerts may not be available for use outside of Canada.


  7. BMO Digital Banking

    • You must be registered for BMO Online Banking Services, and have set up your enhanced sign-in security to use any other BMO Digital Banking Services.
    • You are responsible for all fees charged by your mobile device service provider including standard messaging and data charges.
    • BMO Digital Banking may not be available for use outside of Canada.


  8. Personal Financial Money Management

    We may provide you with access to personal financial money management tools (each a "Tool") through BMO Digital Banking. These Tools are provided to you are as a courtesy. Calculations that are provided are for illustration purposes only and are not warranted to be accurate or complete. The results presented in a Tool are based on certain assumptions used in the calculation models and (depending on the Tool) your BMO bank account data and/or the information you enter in that Tool. The information presented by a Tool is intended for our customers only.

    The Tool aggregates anonymized data entered into the program, which is compiled without identifying you. The aggregated data is then used to establish benchmarks within the Tool.


  9. Aggregation

    • For us to access your accounts at other financial institutions, you must provide us with your log-in information at those financial institutions, such as your client identification number, user name, access code, password, or authentication challenge questions. It is your responsibility to review your agreements with other financial institutions to determine whether disclosure of your log-in information to other parties that offer account aggregation services is allowed, what the consequences of such disclosure may be and your liability in connection with such disclosure.
    • We and our service providers will store your log-in information in encrypted form.
    • We will retrieve transactional and balance information, but not any other information, from your other financial institutions. You must access the website or online service of the other financial institutions to view other information such as notices, disclosures or disclaimers.
    • You authorize and direct us to do, on your behalf, everything necessary to provide the aggregation service to you and to retrieve, consolidate, organize and present aggregated information to you, which may include visiting the website of your other financial institutions and providing your log-in information as required to access, retrieve and download your information. You confirm that you have the right to give us this authorization and direction.
    • You understand and agree that the information that we retrieve for you from other financial institutions is prepared by them and that we are not responsible for the completeness or accuracy of that information. We and our service providers will not be liable to you for any damages resulting from the use of or the inability to use Aggregation or the inaccuracy or incompleteness of data.
    • You indemnify us and our service providers against any third party claims arising from your use of Aggregation.
    • If you choose to include any foreign currency Accounts in your use of Aggregation, the value of these Accounts will be displayed in Canadian dollars and will be an estimate, for illustration purposes only.


  10. Keeping Your Secret ID Codes and Card Number Confidential

    • You must keep your Secret ID Code and Card number confidential. They must only be used in connection with services you are certain come from us (or our subsidiaries or authorized service providers), including BMO Digital Banking and Telephone Banking Services, and our account and information aggregation or consolidation services.
    • You must not keep any record of a Secret ID Code in close proximity to, or with, any Card at any time. When selecting your own Secret ID Code, do not use number combinations that can easily be guessed by someone else, such as your birth date, address, telephone number or other such information that is easy for other parties to obtain.
    • When inputting your Secret ID Code into an ATM, point-of-sale or debit card terminal, telephone or computer, or mobile device, you must take reasonable precautions, such as ensuring that no one is watching you by using your body or hand as a shield to conceal your Secret ID Code from the view of others.
    • We encourage you to be cautious of emails, text messages, web sites, online services, callers or other parties pretending to be Bank of Montreal (or a subsidiary) and which
      • ask for your Secret ID Code, Card number or other personal information; or
      • offer to bring together, summarize, aggregate or consolidate your financial data and other information that is currently available to you online, such as the balances and transactions history on your Accounts, credit cards, or trading and investment accounts. We caution you that there are many web sites offering account consolidation or aggregation services that are not related to us and that giving your Secret ID Code or Card number to these web sites may expose you to losses from an Account or theft of your personal information for which we will not be responsible. Only trust our genuine web site or telephone system and operators.
    • Some mobile devices allow you to use biometrics like fingerprints, facial recognition or , retina scan, (any type of "Biometric Recognition") to unlock your device and assign the same recognition feature to applications like BMO Digital Banking. Because Biometric Recognition may be assigned to the device and not to each individual user or application, you should not use Biometric Recognition as your Secret ID Code if you share your mobile device with anyone else.


  11. Your Reporting Obligations

    You must notify us as soon as you become aware of learning of any of the following:
    (i) the loss, theft or misuse of your Card;
    (ii) that your Secret ID Code was disclosed to, or obtained by, anyone else or may be known by anyone else;
    (iii) that unauthorized use of Electronic Banking Services may be occurring;
    (iv) the loss, theft, or misuse of a mobile device that you registered with us for Electronic Banking Services; or
    (v) a situation where you have been the victim of fraud, theft, trickery, force or intimidation.


  12. Your Liability

    (i) Authorized Electronic Transactions

    You are responsible for the full amount of all authorized activity resulting from the use of your Account or Secret ID Code by any person. Careless handling of your Card or mobile device that you registered with us for Electronic Banking Services, or Secret ID Code can result in serious financial losses.

    (ii) Unauthorized Electronic Transactions

    • Under our 100% Electronic Banking Guarantee, you will not be liable for any losses from the unauthorized use of your Account, Card (including contactless or PIN-less payments), or Electronic Banking Services due to circumstances beyond your control. These are situations where you could not have prevented, and did not contribute to, the unauthorized use of your Account. Such circumstances include any errors we made, technical problems or system malfunctions. You may be liable for all losses from unauthorized use of your Account if you:
      • contributed to its unauthorized use;
      • disclose your Secret ID Code, Card number or other personal information to any other person, including, without limitation, any person pretending to be Bank of Montreal;
      • used a PIN combination selected from your name, telephone number, date of birth, address, or Social Insurance Number;
      • did not use reasonable care to safeguard your Secret ID Code;
      • did not keep your Secret ID Code separate from your Card;
      • did not comply with your reporting obligations in Section 11 of this Agreement unless there were exceptional circumstances for your failure to do so; or
      • shared a mobile device that you registered with us for Electronic Banking Services.
    • In those cases, your liability may exceed the funds in an Account, your credit limit or any daily transaction limits. In other words, your liability will not be limited by your Account balance, your credit limit or any daily transaction limits.
    • You must cooperate and assist in any investigation that we initiate into the unauthorized use you reported to us. This cooperation may include filing a report with law enforcement authorities.

    (iii) BMO Alerts

    You accept the risk that BMO Alerts may be delayed, lost, intercepted, reviewed or altered by third parties.

    (iv) Compliance With Section 11

    You will not be liable for losses that occur after you have complied with your reporting obligations in Section 11 of this Agreement.


  13. Limitation of Our Liability

    • We will not be responsible or liable for any delay, damage, loss or inconvenience you or any other person may incur or experience if any of the following occur:
      (i) you are unable to access Electronic Banking Services in the event of any malfunction;
      (ii) we do not receive your instructions;
      (iii) there is any delay in the processing of any Electronic Transaction;
      (iv) we decline to act on your instructions; or
      (v) any BMO Alert you requested is delayed, inaccurate or is not delivered, or is intercepted, reviewed, altered or deleted by a third party.
    • We will not be responsible or liable for the release of any information about you before you notify us in accordance with Section 11 of this Agreement of the theft or loss of your Card or a mobile device that you registered with us for Electronic Banking Services, or if the confidentiality of your Card number or Secret ID Code is compromised.
    • We will not be responsible or liable for any loss or damages you may incur in using any software or assistance from third parties that we may make available to you.


  14. Contactless Payments

    Some Cards may allow you to make contactless or PIN-less transactions in Canada, by tapping your Card where contactless payments, such as Interac Flash®§ are accepted. Per-transaction and cumulative limits apply. Upon request, this feature can be deactivated.

    You may also use a digital wallet on your mobile device to make contactless or PIN-less transactions in Canada with some Cards. Per-transaction and cumulative limits also apply. You can remove this feature by removing the Card from your mobile device. Terms of use governing your use of a digital wallet can be found at bmo.com/digitalwalletterms.


  15. BMO Mobile Cheque Deposit

    • Eligible Items: You may use this service to take an image of original paper items such as cheques, certified cheques and travelers cheques, money orders and bank drafts issued by a Canadian financial institution or provincial, territorial or federal government, in Canadian dollars, that are payable to you, to deposit those items to your designated Account.
    • Using This Service: To use this service, you must have, at your own expense, access to the Internet, a compatible smartphone or device, hardware, operating systems and software, and which have not been altered from manufacturer specifications. You must download the version of the BMO Mobile Banking App appropriate for your smartphone or device. We are not responsible for hardware, operating systems and software needed to operate the service. We may make changes to the service without notice to you including discontinuing your access to this service, and these changes may result in your smartphone or device, hardware, operating systems and software no longer being compatible with the service. You agree to use the service only to deposit eligible items, while you are physically located in Canada, and only through cellular or Wi-Fi networks in Canada.

      If you are depositing the item to a joint account, you may only use the service if the item is payable to you and/or your joint account holder and the account is not an all to sign deposit account.

      You agree to not use the service to deposit any item that is prohibited by this Agreement or in violation of any applicable law or rule, including any item that:
      i) is payable to someone else and endorsed over to you
      ii) has already been deposited
      iii) contains an alteration, or which you know or suspect, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the item is drawn
      iv) is postdated or dated more than six months prior to the date of deposit
      v) is subject to a stop payment order
      vi) is from an account that has insufficient funds
      vii) has any restrictive endorsement or any other endorsement that is not in accordance with these terms and conditions.

      You agree to take all necessary precautions to prevent any other person from using the service to deposit items to your Account and to comply with these terms and conditions, all applicable rules, laws, and regulations and provide any further documentation which we may reasonably request.
    • Procedures: For each eligible item, you must provide a legible image of the front and of the back of the original item, and not an image of a photocopy, PDF or other printout. The images must correspond to the original, comply with the Payments Canada Rule A10 or other applicable laws and any standards we establish, and include, at a minimum the:
      i) date
      ii) name of the payee and drawee institution
      iii) amount in words and figures
      iv) drawer's signature and magnetic ink character recognition (MICR) information (which typically appears on the cheque).

      You agree you will retain the original item in a secure place for 14 calendar days following the deposit date and promptly send it to us upon request, and destroy the item promptly after the 14 day period and no later than 120 calendar days after the deposit date.

      You agree that when you transmit images of an eligible item to us, you are acting as our agent and that you will not delegate this role to anyone else, and each image we accept for the purpose of clearing and settlement of the item under the applicable Payments Canada rules will be treated as an eligible bill under the Bills of Exchange Act. All requirements applicable to the deposit of an original item and the terms of this Agreement and any other agreement regarding your Account, including the Cheque Hold Policy, apply to eligible items deposited with this service and the eligible items will be treated as if the original item had been deposited at a Canadian branch or ATM.

      We may also impose limits on the dollar amount of items and/or number of items which can be deposited. If you attempt to make a deposit in excess of these limits, we may reject your deposit.

    • Deposit Date: If we receive the images on or before 11:59 p.m. Eastern Time (ET) on a business day, we will consider that day to be the deposit date. If we receive the images after 11:59 p.m. ET, on a weekend, or a statutory holiday observed by your branch of account, the next business day will be considered the deposit date.
    • Fees and Charges: When you use the service, no charges apply to deposit items into a personal deposit account.
    • Rejected and Returned Items: You agree that we may reject any item deposited using the service at our discretion. For example, an item may be rejected by us if we determine it was not eligible for deposit or may be returned by another financial institution due to poor image quality, insufficient funds, alteration or other reason for which the item may not be processed. We may recover applicable funds from you or reverse the credit made to your Account. Any credit made to your Account will be subject to the final payment of the item and subject to the terms of the Agreement. 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 damages resulting from a rejected or returned item, the delayed or improper crediting of an item or inaccurate information you provide us regarding an item. You agree to be responsible for any costs relating to obtaining a replacement item in the event we require you to re-transmit images or provide a replacement item. We are not responsible for images that we do not receive.


  16. We May Charge for Services

    We may charge fees for Electronic Banking Services and Electronic Transactions. Please see the fee schedules entitled “Bank Plan Features and Fees”, “How to get Free and Discounted Banking”, “Pay-per-use Fees”, “Additional Services and Fees” and “Bank Accounts and Plans No Longer Offered” found in the front of the Agreements, Bank Plans and Fees for Everyday Banking brochure for more information and current charges. These fees form part of the Electronic Banking and Services Agreement. We may change fees from time to time. Up-to-date information on charges is available at all Canadian branches and online at bmo.com/agreements.


  17. Return of your Card; Non-Transferability

    Your Card is our property; it is non-transferable, and you agree to return it to us immediately upon our request.


  18. We May Set Limits or Change this Agreement

    • We may set or change any limits (including dollar amounts) on the use of your Account at any time.
    • We may change or end this Agreement or the service terms, or services at any time. You agree to any changes made when notice is given in our Canadian branches or in any other manner, which we may determine from time to time.


  19. Records and Dispute Resolution

    • Our records will be conclusive evidence of your communications to us and of your Electronic Transactions. We may record your communications with us.
    • Any transaction record you receive, or any transaction confirmation number supplied, is meant only to help you with your record keeping. We will be pleased to review our records if you disagree with their accuracy.
    • We will not be responsible for the quality of goods or services that you obtained using Electronic Banking Services. You will settle any issues directly with the vendor involved.
    • If you have a dispute with a biller concerning bill payments made using Electronic Banking Services, including the imposition of any additional charges such as late fees or interest penalties, you will settle the dispute directly with the biller.


  20. Other Agreements and Laws May Apply

    • This Agreement does not replace any other agreement relating to your Accounts.
    • When you install, use or travel with any software from other companies we may make available to you in connection with any Electronic Banking Services, it is solely your responsibility to comply with the provisions of any agreements, licenses and other legal or technical documentation provided by such other companies in connection with the software, and with the legal requirements of any relevant jurisdiction. Unless you are a lawful, licensed user of such software, we may be unable to provide you with the Electronic Banking Services that require such software.


  21. We May Obtain Personal and Credit Information

    • If you apply for a loan, other lending product, or credit (including a credit card) using Electronic Banking Services, you consent to us obtaining, providing or exchanging information with:
      (i) any credit reporting agency;
      (ii) personal information agent;
      (iii) other credit grantor;
      (iv) your employer; or
      (v) any other reference you provide to us,
    • such information about you as we may require from time to time, to process your application and provide the loan, other lending product, or credit you requested.


  22. Code of Practice

    We endorse the Canadian Code of Practice for Consumer Debit Card Services and commit to maintaining or exceeding the level of consumer protection it establishes. You can view the Code on bmo.com or the Financial Consumer Agency of Canada website at fcac-acfc.gc.ca.

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