Digital Commerce Bank | Terms & Conditions

Web Terms & Conditions

Introduction

The following terms and conditions together with any documents or additional terms incorporated by reference (collectively, the “Terms”) will govern access to and use, including any content, functionality, and services through, the Digital Commerce Bank (“we” or “DCBank”) web site (including, among other things, DCBank’s client web portal or any other electronic page or other web portals accessible by or through the DCBank web site, individually and collectively, the “DCBank Web Site”) as well as any downloadable application or other technology to access any features, functionality, content and/or information that is made available, or provided, on or through the DCBank Web Site (individually and collectively, the “Application”). Any reference herein to the “DCBank Web Site” in these Terms including, without limitation, any reference to use or access to the DCBank Web Site, means all or any portion of the DCBank Web Site which includes any Application, as the case may be.

BY USING THE DCBANK WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS INCLUDING OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.DCBANK.CA/PRIVACY-POLICY/, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST NOT ACCESS OR USE THE DCBANK WEB SITE.

These Terms constitute a legal agreement and are entered into between you and us.

Electronic Access

DCBank may provide direct access to your account(s) by one or more of the following methods: s

electronic communications through the DCBank Web Site; and
other devices or equipment which DCBank may designate for direct access.

In addition to these Terms, please review the following Electronic Access Terms and Conditions at https://www.dcbank.ca/terms-and-conditions/.

Electronic Identification

Direct access to, and use of, the DCBank Web Site requires an identifier which consists of the use of one or more of the following:

client number or user identification;
personal identification number (“PIN”);
password;
two-factor authentication (2FA); and/or
such other security measures required by DCBank from time to time.

(“Electronic Identification”)

DCBank will provide you with a user ID and temporary password or card together with other components of the Electronic Identification, as applicable, for direct electronic access; you may select certain components of the Electronic Identification yourself.

You agree that electronic pages including, without limitation, the DCBank Web Site, or any other electronic page which is or may be accessed by Electronic Identification, are written documents and that by electronically acknowledging by “clicking” any buttons stating “OK”, “proceed”, “continue”, “accept”, “approve” or other buttons with similar intent, you are agreeing to be bound by the terms thereof. You acknowledge and agree to comply with any and all terms, conditions, legal notices and disclaimers in the footers, content or other pages of the DCBank Web Site and behind links, buttons or icons on the DCBank Web Site.

The information, material, and content provided in the pages of the DCBank Web Site, including pricing information, (collectively, the “Information”) is believed to be reliable when posted, but there is no guarantee that it is accurate, complete or current at all times. Without limiting the generality of the foregoing, the Information may include technical inaccuracies or typographical errors, and DCBank and its officers, directors, employees, contractors and agents have no obligation to update the Information. The Information or the DCBank Web Site may be changed, withdrawn or terminated, at any time, without notice.

Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly, and your continued access or use of the DCBank Web Site will mean that you agree to any changes.

Any submission by you of an application, instruction or other request is subject to acceptance by DCBank and can be declined by DCBank.

DCBank does not knowingly solicit data from, or market to, children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files.

No Advice

The Information is for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice and should not be relied upon in that regard.

No Endorsements

No endorsement or approval of any third party or its advice, opinions, information, products or services is expressed or implied by any Information.

Local Laws; Export Control

It is important to note that not all of the products, services and Information made available or provided on the DCBank Web Site are available in all jurisdictions outside of Canada. In addition, the Information does not constitute an offer or solicitation to buy or sell any product, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. All products and services are subject to the terms of the applicable agreement.

Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in the pages of the DCBank Web Site. If you choose to access the DCBank Web Site, you do so on your own initiative and are responsible for compliance with applicable local, national or international law.

You may not use, export or re-export the Information or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

Acceptable use

You agree to not use the DCBank Web Site in any way: (i) that causes, or may cause, damage to the DCBank Web Site or impairment of the availability or accessibility of the DCBank Web Site; or (ii) which is unlawful, illegal, fraudulent or harmful or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Email Disclaimer

Email communication, including any information transmitted with it, is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering the message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of this communication is strictly prohibited, as is the taking or omitting of any action in reliance upon this communication. If you receive this communication in error or without authorization, please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.

No Warranties

DCBank provides the DCBank Web Site and the Information on an “as is where is” basis and does not make any express or implied warranties, representations, or endorsements with respect to the DCBank Web Site or the Information, including, without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, DCBank does not represent or warrant that the DCBank Web Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, difficulties in use, defects, incompatibility, failures, errors, omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for taking protection and backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

You acknowledge that it is not possible for DCBank to provide online services free from defects. You also acknowledge that the online services and the DCBank Web Site utilize complex computer and telecommunications networks and that, as such, continued, uninterrupted and error-free access to online services and the DCBank Web Site cannot be guaranteed. The online services and the DCBank Web Site maybe delayed, unavailable, not delivered and/or inaccurate, from time to time, due to a variety of factors, including, without limitation, technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason.

Your Liability

You are bound by, and liable for, all use, including unauthorized use, of any Electronic Identification by other persons, be it with or without your knowledge or consent.

DCBank will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.

DCBank may cancel or restrict the direct access to the DCBank Web Site or your Electronic Identification without notice to you.

You agree that neither DCBank nor its affiliates, licensors, or any other third party provider, nor any of their directors, officers, employees, consultants, agents or assigns, will be liable in any way for any loss or damage, direct or indirect, which may arise out of, or in connection with, the DCBank Web Site, the online services, or the Information or any obligation of DCBank hereunder, including, but not limited to, any action or decision made by you in reliance on the DCBank Web Site, the online services, or the Information, or from any unauthorized use or reproduction of the DCBank Web Site, the online services, or the Information, any malfunction, cancellation, outage, interruption, discontinuation or delay in the DCBank Web Site, the online services or any part thereof, or any error contained therein, or omission therefrom or any inability to access your account(s) at DCBank, or any other non-performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations of DCBank, its affiliates, its licensors, or any third parties, or negligence of DCBank, its affiliates, its licensors, third party providers, operators or programmers, even if such party knew, should have known or was advised of the possibility, of such damages.

In no event will DCBank, its affiliates, its licensors, or any third party provider, or any of their directors, officers, employees, consultants, agents or assigns, be liable for any punitive, incidental, direct, indirect, special, exemplary or consequential damages, including, but not limited to, loss of use, loss of data, loss of opportunity or loss of revenues, profits or savings, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the DCBank Web Site, the online services, or the Information, or for any delay in or failure of transmission of any instructions or notifications sent to DCBank through the DCBank Web Site, the online services or for any transmission of confidential or sensitive information to DCBank or transmission of such information from DCBank to you on your request, even if such party knew, should have known or was advised of the possibility, of such damages. DCBank's affiliates, licensors, and third-party providers will be third party beneficiaries to the foregoing provisions.

By using the DCBank Web Site, you agree that the exclusions and limitations of liability set out herein are reasonable. If you do not think they are reasonable, you must not use the DCBank Web Site.

Protection of Electronic Identification

You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:

memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;
avoiding code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date or address;
avoiding selecting a PIN, password or code that is similar or identical to any other PINs, passwords or codes that you use; and
taking all necessary steps to ensure that any component of the Electronic Identification remains confidential to you.

Any unprotected electronic communication over the Internet is, as with communication via other mediums (e.g. cellular phones, post office mail), not entirely secure or confidential and always subject to possible interception or loss, and possible alteration. You should not send any confidential, proprietary or sensitive information about you or others via these mediums. DCBank is not responsible for, and will not be liable to you or anyone else for, any damages in connection with any electronic communication between you and the Bank, including, but not limited to, emails, text messages, comments or posts.

Notice to DCBank

You must immediately phone DCBank if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact DCBank 24 hours a day and 7 days a week at 1-844-836-6040.

Verification of Instructions

DCBank reserves the right to contact you to obtain confirmation of any electronic instruction before processing any transaction but will not be liable due to any inability or failure of DCBank to contact you in order to confirm such instructions.

Recording Calls

You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.

Web Tools

Cookies

Cookies are pieces of information stored directly on the device you are using. Cookies allow DCBank to collect information such as browser type, time spent on the DCBank Web Site, pages visited, language preferences, and your relationship with DCBank. DCBank uses the information for security purposes, to facilitate navigation, to display information more effectively, to personalize/tailor your experience while engaging with DCBank, and to recognize your device to allow your use of our online products and services.

DCBank collects statistical information about the usage of the DCBank Web Site in order to continually improve the design and functionality, to monitor responses to DCBank's advertisements and content, to understand how account holders and visitors use the DCBank Web Site and to assist DCBank with resolving questions regarding the DCBank Web Site. DCBank also utilizes cookies for advertising purposes.

You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use.

Tagging

Tagging is when we place customized code on the DCBank Web Site in order to monitor user activity on the DCBank Web Site. This tagging software captures user activity and passes it on to a third party for analysis so that we might better understand and enhance the user experience and provide additional security controls.

Online Authentication Process

An online authentication process captures and stores device information as well as information you provide in order to confirm your identity each time you visit our secure websites. When you purchase a new product online, register for a secure online service or activate an existing product, the application you complete may include an online authentication process. The information that you provide in your application may be compared against the information contained in your consumer credit report to validate your identity.

Links/Software

Links from or to websites, including links to the DCBank Web Site, are for convenience only. DCBank does not review or control, and is not responsible for, any websites linked from or to the DCBank Web Site, the content of those websites, the privacy practices of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and DCBank will not be responsible or liable for any damages in connection with such linking. In addition, DCBank does not endorse or approve of any websites linked from or to the DCBank Web Site.

You may not gather, extract, reproduce and/or display on any other non-DCBank website or other online services, any material on or from the DCBank Web Site, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of DCBank.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading such software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies such software or is provided with such software or herein.

The following terms apply if you download a software application that DCBank offers to access any services, features, functionality, content and/or information made available by DCBank using certain mobile devices (the “Software”):

DCBank grants to you a non-exclusive and non-transferable license for the Software. The license authorizes you to use the software in object code format for the purpose of using the online services of DCBank (“Online Services”) and/or accessing any services, features, functionality, content and/or information made available by DCBank using certain mobile devices.
DCBank retains at all times all ownership rights, including without limitation, copyright, in the Software. You agree not to copy the Software and not to disclose or distribute the Software to third parties. DCBank has no obligation to provide any training, maintenance, or other assistance for the Software.
YOU ACCEPT THE SOFTWARE “AS IS” AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. DCBANK WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE, UNDER THESE TERMS OR OTHERWISE.
DCBank may end these Software terms at any time on notice to you. On the ending of these terms, you will destroy or return all copies of the Software or of any documentation for it then in your possession. The grant of the license may not be assigned by you unless agreed upon in writing by DCBank.

Written Signature

Some DCBank products may require your written signature (i.e. manual “wet-ink” format or any other non-electronic format determined by DCBank) and you will be advised when this is the case. You will be sent the terms and conditions which apply to the product or service which requires a signature. You have 7 business days from the date of being advised that your written signature is required to, in turn, advise DCBank if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and to be bound thereby. When you receive material requiring a signature, you will sign it and return it to DCBank at your earliest convenience. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.

No Confidentiality, Use of Information

While we have security controls in place to protect against unauthorized use, access, alteration, duplication, destruction, disclosure, loss or theft of your personal information, the Internet is not a secure medium, and neither the privacy of your communications nor visits to the DCBank Web Site, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. DCBank will not be responsible for any detrimental reliance you may place on the DCBank Web Site or its contents. By entering the DCBank Web Site, you acknowledge and agree that any communication or material you transmit to the DCBank Web Site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the DCBank Web Site may be used by DCBank anywhere, anytime and for any reason whatsoever. By providing such information or materials, you declare and warrant that you have all necessary rights to submit such information or materials and that the information or materials do not infringe the rights of third parties.

Applicable Law

By entering the DCBank Web Site, you acknowledge and agree that the DCBank Web Site will be construed and evaluated according to the laws of the Province of Alberta and the federal laws of Canada applicable therein. You hereby agree and confirm that your use of the DCBank Web Site and all of the communications, transmissions and transactions associated with the DCBank Web Site will have occurred in the Province of Alberta, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Alberta as the proper and most convenient forum concerning the DCBank Web Site. If you use the DCBank Web Site from another jurisdiction, you are responsible for compliance with any, and all, applicable local laws. DCBank makes no representation that the materials contained within the DCBank Web Site are appropriate for customers outside of the Province of Alberta, Canada.

Language

English will be the language of the DCBank Web Site, and all transactions occurring in connection with the DCBank Web Site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

Copyrights belong to DCBank

DCBank is the registered copyright owner of the DCBank Web Site and no portion of the DCBank Web Site, including, but not limited to, the content, Information, text, images, audio or video, may be used in any manner, or for any purpose, without DCBank's prior written permission. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the DCBank Web Site for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the DCBank Web Site in any other manner whatsoever or for any other purpose violates DCBank's legal rights.

Trademarks Belonging to DCBank or Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases at the DCBank Web Site may constitute trade names, trademarks or service marks of DCBank or other entities. Trademarks may be registered in Canada and in other countries as applicable.

The display of trademarks on the pages of the DCBank Web Site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the violator to legal action.

Marketing Names/Trade Names Used by DCBank

“DCBank” is a marketing name (also referred to as a trade name or brand name) used by Digital Commerce Bank.

The following are trademarks of other companies:

Windows and/or other Microsoft products are trademarks of Microsoft Corporation.

iPhone® and the Apple logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.

BlackBerry® is a trademark of BlackBerry Limited.

Android® is a trademark of Google Inc.

Interac® is a trademark of Interac Inc. DCBank is an authorized user of the trademark.

MasterCard®, MasterCard MoneySend® and Maestro® are trademarks of MasterCard International Incorporated. DCBank is a licensed user of these trademarks.

Plus®, Visa Direct® and Visa® are trademark of Visa Inc. DCBank is a licensed user of these trademarks. H&R Block® is a trademark of HRB Royalty, Inc.

Facebook® is a registered trademark of Facebook Inc.

Twitter® is a registered trademark of Twitter Inc.

Instagram® is a registered trademark of Instagram LLC. LinkedIn® is a registered trademark of LinkedIn Ltd. Corporation.

Unauthorized use of DCBank's logos and/or name or trade names is prohibited. All information on the DCBank Web Site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at the DCBank Web Site.