The following terms and conditions, and any amendments (the "Terms") are a legal agreement between you ("you" or "your") and The Toronto-Dominion Bank and its affiliates in Canada ("TD", "we" or "us") for your use of TD Mobile Deposit ("TD Mobile Deposit"), a feature contained within the TD Mobile Banking application (the "TD App").
If you are using TD Mobile Deposit on behalf of a sole proprietorship, partnership, corporation or association (each a "Business"), "you" or "your" refers to both the Business and you as an individual user on its behalf and you represent that you are duly authorized to enter into these Terms on behalf of the Business.
It is important that you read and understand these Terms as they will apply each time you use TD Mobile Deposit. By clicking the "Accept" button below, you are taken to have read and agreed to these Terms.
You agree that we may add to or change these Terms at any time. If we make any changes to these Terms, we will let you know by posting a notice on the TD App, on EasyWeb or by other means we consider appropriate. Your continued use of TD Mobile Deposit following such notice means that you agree to the Terms as amended.
If at any time you do not agree to these Terms or any changes we make to them, you must no longer use TD Mobile Deposit. You may review and print the most current version of the Terms at http://www.tdcanadatrust.com/products-services/banking/electronic-banking/mobile/mobile-deposit-terms.jsp or by accessing "Frequently Asked Questions" in TD Mobile Deposit.Information About TD Mobile Deposit
- You can make deposits to an eligible TD deposit account ("Account") by taking a picture of the front and the back of the eligible Item (as defined below, "Images") with your supported mobile device ("Mobile Device") and submitting the Images and any other information required by TD through TD Mobile Deposit. You agree to follow procedures and instructions for use of TD Mobile Deposit that we may establish from time to time.
To use TD Mobile Deposit you will need to meet certain eligibility requirements set by TD from time to time. For example, only certain customers, Items, Accounts and Mobile Devices qualify for TD Mobile Deposit. For more information on eligibility requirements, please consult www.td.com/mobiledeposit.
- The terms of the agreements that you entered into or may enter into with TD for your Account(s) (as such agreements are amended or replaced by TD from time to time, "TD Agreements"), apply to your use of TD Mobile Deposit. These Terms are in addition to and do not in any way amend or replace the TD Agreements that apply to your Account(s) or particular product or service, unless we have specifically advised you in these Terms. If you are a Business holding an Account with us, the Terms are a "Service Schedule" to your TD Agreement.
- We appoint you as our agent to create and submit Images that you wish to deposit with TD through TD Mobile Deposit. You agree to accept this appointment and further agree not to delegate this role to anyone else.
- You may deposit, through TD Mobile Deposit, any of the following original paper items issued by a Canadian financial institution and payable in Canadian or U.S. currency: (i) cheques; (ii) money orders; (iii) bank drafts; or (iv) any other item that TD chooses to make eligible for this service from time to time (each an "Item"). Items payable in Canadian currency must be deposited to an eligible Canadian dollar Account and Items payable in U.S. currency must be deposited to an eligible U.S. dollar Account. Items must meet any other eligibility requirements specified in these Terms.
Your Promises to Us
- When you use TD Mobile Deposit, you agree that:
- You will only deposit eligible Items;
- Each Item deposited through TD Mobile Deposit must be an image of the front and back of the original Item and not an image of a photocopy, PDF or other printout;
- Each Item deposited must be in a form approved by the Canadian Payments Association and must include, at a minimum, the date, names of the payee and drawee institution, amount in words and figures, drawer's signature and the magnetic ink character recognition (MICR) information. All of this information must be legible;
- Any information you provide us about the Item is accurate and true and will match the information contained in the Images;
- You will only deposit Items issued by Canadian financial institutions or the Government of Canada;
- Before you submit the Images through TD Mobile Deposit, you will sign your name and write on the back of the Item "For Deposit Only, Account # ___________________";
- You will only use TD Mobile Deposit to deposit Items that are payable to you. If you are depositing the Item to a joint account, you may use TD Mobile Deposit to deposit the Item if the Item is made payable to you and/or your joint account holder. TD will not accept an Item that is payable to someone else and endorsed over to you;
- You will not use TD Mobile Deposit to deposit Items:
- which have already been deposited;
- which contain an alteration on the front (including an alteration to the MICR information), or which you know or suspect, or should know or suspect, are fraudulent;
- that are postdated or dated more than 6 months prior to the date of deposit; or
- on which a stop payment order has been issued or for which there are insufficient funds.
- You will not re-deposit or re-present the Item after it has been deposited through TD Mobile Deposit;
- You will take all necessary precautions to prevent any other person from using TD Mobile Deposit to deposit Items to your Account; and
- You will comply with these Terms and all applicable rules, laws and regulations.
After You Deposit an Item Through TD Mobile Deposit
- You agree that immediately after you deposit an Item through TD Mobile Deposit, you will write the date and "Deposited" on the front of the Item. You agree that you will keep the Item in a safe and secure place for fourteen (14) days following the date of deposit and will promptly send the Item to us upon TD's request. Upon the expiry of this fourteen (14) day period, you agree that you will promptly destroy the Item.
- You acknowledge that submission of an Item through TD Mobile Deposit does not mean that the Item contains no errors or has been unconditionally accepted for deposit by TD. Any Item deposited through TD Mobile Deposit is subject to our Hold Funds Policy available at http://www.tdcanadatrust.com/document/PDF/520866.pdf. Please also consult section 9 below, and the terms of your applicable TD Agreement for more information in this regard.
- You agree to cooperate with us in the investigation of unusual activity, poor quality Images, and resolution of customer claims by providing to us, upon request, originals or copies of Items deposited through TD Mobile Deposit in your possession and any records you may have related to such Items or Images.
Rejected and Returned Items
- TD may reject any Item deposited through TD Mobile Deposit at our discretion. For example, an Item may be rejected by TD if we subsequently 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 are not responsible for Images that we do not receive and TD may recover applicable funds from you or reverse the credit made to your account. Without in any way limiting our rights under section 20 entitled "Limitation of Liability", you agree that TD is 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 such replacement Item.
- You may access TD Mobile Deposit 7 days a week. If TD receives the Images on or before 11:59 p.m. (EST) on a business day, we will consider that day to be the "Deposit Date". If TD receives the Images after 11:59 p.m. (EST) or on a weekend or a statutory holiday observed by TD, the next business day will be considered the "Deposit Date". For clarity, Saturday, Sunday and bank holidays are not considered to be business days.
Availability of Funds
- When you make a deposit through TD Mobile Deposit, the funds will be posted to your account on the Deposit Date, but availability and access to the funds is subject to TD's Hold Funds Policy available at http://www.tdcanadatrust.com/document/PDF/520866.pdf. Before you complete a deposit, TD Mobile Deposit will confirm the amount of funds that will be immediately available to you for withdrawal after you deposit the Item through TD Mobile Deposit.
- TD may impose limits on this service and may modify those limits with or without notice to you. For example, there are limits on the amount of funds you can deposit through TD Mobile Deposit on a daily and monthly basis. If you attempt to make a deposit in excess of the limits set by TD, we may reject your deposit. If, at any time, we permit you to make a deposit in excess of the limits set by TD on TD Mobile Deposit, we will not be obligated to allow such a deposit at other times.
- While there is no fee for the provision of TD Mobile Deposit, regular account transaction fees may apply in accordance with your TD Agreements. TD Bank may charge a fee for the provision of TD Mobile Deposit if we provide you with advance notice required in accordance with applicable laws. If you continue to use TD Mobile Deposit after the fee becomes effective, you agree to pay the fee that has been disclosed to you, as this fee may change from time to time.
Responsibility for Your Mobile Device and to Your Mobile Device Provider
- You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use TD Mobile Deposit; and (ii) any fees or other charges imposed by your Mobile Device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your Mobile Device provider, wireless services carrier or Internet service provider supports TD Mobile Deposit or if your Mobile Device is capable of accessing the Internet.
Mobile Device is Lost or Stolen
- You are responsible for all deposits completed through TD Mobile Deposit on your Mobile Device. Notify TD at once at 1-866-222-3456 if you suspect your Mobile Device has been compromised or is lost or stolen. When you notify us, we will restrict access to TD Mobile Deposit.
Disabling Your TD Mobile Deposit User Account
- You may disable your TD Mobile Deposit user account at any time by calling TD at 1-866-222-3456.
Installing and Using Modifications to TD Mobile Deposit
- If we upgrade, update or modify TD Mobile Deposit (including bug fixes, patches and new versions provided to you, the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use TD Mobile Deposit. TD may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of TD Mobile Deposit, or safety or security of TD Mobile Deposit or any systems or networks, TD may not provide you with prior notice. TD is under no obligation to make Modifications.
- You are granted a limited, revocable, non-transferable, non-exclusive license to use TD Mobile Deposit on a Mobile Device that you own or control. TD can terminate this license at any time and with or without any reason. TD Mobile Deposit is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense TD Mobile Deposit. You agree that TD retains all right, title and interest in and to TD Mobile Deposit including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, TD Mobile Deposit or any part of it. You may not use TD Mobile Deposit for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your Mobile Device provider or your wireless services carrier) relating to your use of TD Mobile Deposit.
Possible Effects of Installation, Removal or Usage of TD Mobile Deposit and Disclaimer of Damages and Warranty
- By using TD Mobile Deposit on your mobile device, it is possible that the warranties covering your mobile device are voided, that your mobile device may be damaged, that data stored in your mobile device may be corrupted, and that you or your property may be damaged. You agree that your use of or inability to use TD Mobile Deposit is at your sole risk. TD Mobile Deposit is provided "as is" and "as available" for your use, without warranties or conditions of any kind, express, implied, statutory or collateral, including all implied warranties or conditions of merchantable quality, fitness for a particular purpose, title, and noninfringement.
Limitation of Liability
- You agree that to the extent not prohibited by law, in no event will TD and its officers, directors, shareholders, employees, agents and subcontractors be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits, revenue, opportunity, loss of data or business interruption), arising out of or related to your use or inability to use TD Mobile Deposit.
- We may suspend, cancel or block your access to or use of TD Mobile Deposit at any time and for any reason, without notice or liability to you.
If You Have a Problem or Concern
- If you have a problem or concern you may call us toll free at 1-866-222-3456 or visit us at any branch. For a more detailed overview of our complaint process visit us at www.td.com.
If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
Terms Drawn Up in English
- It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.
Your App Store Provider
- You acknowledge that these Terms are between you and TD and not with the app store provider (i.e. Research In Motion E-Commerce Inc. (Blackberry), Google Inc. or Apple Inc.). You agree that the app store provider and its affiliates, and the wireless services carrier: (a) are not liable to you in any way whatsoever for the distribution, use, performance or non-performance of TD Mobile Deposit; (b) have no obligation whatsoever to furnish any maintenance or support services to you for TD Mobile Deposit; (c) are not responsible for addressing any claims you may have relating to TD Mobile Deposit or your possession or use of TD Mobile Deposit, including, but not limited to, product liability claims, any claim that the TD Mobile Deposit fails to conform to any applicable legal or regulatory requirements, and any claims arising under consumer protection or similar applicable law; (d) are not responsible for the investigation, defense, settlement or discharge of any third party claims that TD Mobile Deposit or your possession or use of TD Mobile Deposit infringes that third party's intellectual property rights; and (e) are third party beneficiaries to these Terms solely in respect of this Section 24, and will have the right to enforce these Terms against you as third party beneficiaries of these Terms.
- For the purposes of TD Mobile Deposit, TD will collect your mobile device identification number (IMEI) (depending on your Mobile Device), IP address, and other information arising from your use of TD Mobile Deposit, including information on the cheque (collectively called "Data").