Secure Email Terms and Conditions
These Secure Email Terms & Conditions (this "Agreement") govern your access to and use of the secure email portal ("Secure Email") which is made available by Assiniboine Credit Union Limited ("ACU") to its members and third parties, including through any of our divisions or business names, such as Outlook Financial. In consideration for your right to access and use Secure Email, you agree to the terms and conditions set out below.
As used in this Agreement, “you” means (and “your” refers to) the user of Secure Email, “we” means (and “us”, “our”, and “ours” refer to) ACU. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO AND USE OF SECURE EMAIL IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. YOUR USE OF SECURE EMAIL IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE SECURE EMAIL.
1. Other Agreements Apply
This Agreement applies to your use of Secure Email, in addition to the terms and conditions of other agreements that you have entered into, with us, which apply to products and services we provide to you (including, without limitation, our Direct Services Agreement, ACU Member Account and Debit Card Agreements [PDF] and Outlook Financial Member Account and Debit Card Agreements [PDF]). In the event of a conflict between the terms and conditions of those other agreements and this Agreement, the terms of those other agreements will prevail and govern. SOME OF THESE OTHER AGREEMENTS LIMIT OUR LIABILITY TO YOU, SO YOU SHOULD READ THEM CAREFULLY.
2. Consent to Electronic Communication
When you use Secure Email, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by messages or by posting notices on or through Secure Email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing, signed, retained and/or delivered.
3. Reliance on Your Instructions
We may rely on electronically transmitted instructions from or purporting to be from you, which are sent from your Secure Email account, and which we believe in good faith to be genuine. You agree that any such instructions shall be conclusively deemed to be final and binding upon you, and you will be solely responsible for any harm or losses which result from these instructions. We may refuse to act upon any instructions we receive through the Secure Email service, if we believe in good faith that they have not been authorized by you, or are unclear, or are illegal or contrary to this Agreement. We are not responsible for any loss or harm you suffer because we have refused to act upon your instructions, in these circumstances. If the holder of the Secure Email account is an organization, you agree that any person who operates the account on the organization's behalf, shall be authorized by the organization and we shall be entitled to conclusively rely on any instructions given by such person, which instructions shall be binding on the organization.
4. Modification to this Agreement or Secure Email
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice posted on or through Secure Email. Your continued use of Secure Email after such revisions are posted, will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
By accessing and continuing to use Secure Email, and by providing personal information to us through Secure Email, you are indicating your acceptance to be bound by the terms and conditions of our Privacy Standards and Privacy Online terms and conditions. If you do not accept the terms and conditions set forth in these agreements, please do not access or use Secure Email or provide personal information through Secure Email.
6. Your Login Credentials
In order to use Secure Email, you must create an account (using your name, email address, a password and a password retrieval question). You are responsible for maintaining the confidentiality of your password and password retrieval question, and you are responsible for all uses of your account, whether or not you authorize such uses (including, but not limited to, losses or harm that result from any use of your password or password retrieval question). You agree to notify us of any unauthorized use of your account. We are not responsible for verifying your identity or the identity of anyone who uses your login credentials, and we are not liable for any loss or damage as a result of your failure to protect your password or password retrieval question.
7. Practices Regarding Use and Storage
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, content you or we have stored in or transmitted through your Secure Email account.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information that is stored in or transmitted through your Secure Email account in a manner we reasonably believe is necessary, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement. If we determine, in our sole and absolute discretion, that you have breached or will breach a term or condition of this Agreement, we may immediately terminate this Agreement and your access to the Secure Email service, all without notice to you.
8. Maintenance Outages
We reserve the right, as reasonably necessary or convenient, either for our own purposes or to improve the quality of any of the components comprising the Secure Email service, to change rules of operation for the technologies therein comprised, system interfaces, utilities, operating and other systems and software, and to implement enhancements, amendments or updates thereto. To minimize the effect of service outages, we will undertake reasonable efforts to schedule times during which the Secure Email service will be unavailable to you, due to maintenance.
9. Insecurity of Internet and Devices
You should note that the Internet is an inherently insecure medium, and sending any online communication provides no guarantee of successful delivery. This is why care should be taken to ensure that the content of any online communication you send to us outside the Secure Email service is not sensitive or confidential, since we can take no responsibility for communication which you send to us or which we send to you outside the Secure Email service that is intercepted, lost, delayed, or misdelivered. Since your device and the general reliability and performance of the Internet is outside our control, we do not warrant your use of the Secure Email service or its performance will achieve expected or implied levels, nor can we take responsibility for any content that you have stored on your device after it is accessed using the Secure Email service. It is your responsibility to ensure you undertake reasonable security precautions with respect to the use of your devices and your Internet connection.
10. No Recourse and Responsibility for Third Party Products and Services
We may enter into agreements with third parties, with whom we contract to help us provide Secure Email to you. While we use reasonable efforts to select third parties that we believe will provide you Secure Email that will be of a quality that is consistent with industry standards, please note that we cannot control the performance of these third parties. Accordingly, we provide no warranties or guarantees about third parties or the information or services they provide, and WE CANNOT BE HELD RESPONSIBLE FOR ANY LOSS OR HARM YOU SUFFER, AS A CONSEQUENCE OF ANYTHING THESE THIRD PARTIES DO (OR FAIL TO DO, AS THE CASE MAY BE).
Any provision of this Agreement that must survive to fulfill its essential purpose (whether expressly stated as such or not) will survive the termination of this Agreement.