Contents

Terms of Use

Capital One requires that all visitors to the site adhere to the following Terms of Use. By accessing the site and any of its pages, you indicate your acknowledgement and acceptance of the Terms of Use set forth below without limitation or qualification. Capital One may revise these Terms of Use at any time by updating this posting, which revisions will be binding upon all visitors to the site. You should visit this posting to review these Terms of Use from time to time. For these Terms of Use, references to Capital One include its affiliates, directors and employees.

Laws & Regulations

User access to and use of the site is subject to all applicable laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted.

Copyright & Trademark Information

The information contained at the site, including but not limited to text and images herein (other than certain images licenced from third parties) and their arrangement, are copyrighted ©2018 by Capital One. All Rights Reserved. Capital One is a registered trademark of Capital One Financial Corporation and the Capital One logo is a trademark of Capital One. All other trademarks and copyrights are the exclusive property of Capital One unless otherwise noted. Nothing contained at the site shall be construed as granting by implication, estoppel, or otherwise any licence or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Capital One or of any third party. The information contained at the site may not be copied, transmitted, displayed, distributed, downloaded, licenced, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or an improvement or otherwise used for commercial or public purposes without Capital One’s prior written consent. The site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Limitation of Liabilities and Warranties

INFORMATION ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A GENERAL PURPOSE, WORKMANSHIP, HIDDEN DEFECTS, SECURITY, DELIVERY AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained at the site may include technical inaccuracies or typographical errors. Capital One from time to time amends, changes, adds, deletes, updates or alters the information contained at the site, including information regarding the products and services described, without notice. Capital One assumes no liability for any errors or omissions in the information contained at the site and expressly disclaims any responsibility to update the information contained at the site. Capital One assumes no liability for any loss or damages incurred if you are unable to access the site for any reason.

Information sent by regular, unencrypted e-mail or over the Internet may not be secure. Capital One will not be liable in the event that you send confidential information to Capital One by regular, unencrypted e-mail or over the Internet or if Capital One sends confidential information to you by regular, unencrypted e-mail over the Internet at your request and that information becomes public through no fault of Capital One.

IN NO EVENT SHALL CAPITAL ONE BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, CIVIL LIABILITY AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

No Coercive Tied-selling

You cannot be unduly pressured to buy a product or service that you don’t want from Capital One or anyone else in order for Capital One to provide another product or service to you.

Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of Capital One, but rather are exclusively controlled by third parties. Accordingly, Capital One makes no representations whatsoever concerning such Web sites. Although Capital One may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Capital One with respect to such Web site, its owners or its providers. Capital One is providing these links only as a convenience to you. Capital One has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. IN NO EVENT WILL CAPITAL ONE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF CAPITAL ONE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Feedback

Any comments or materials sent to Capital One, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be non-confidential. Capital One shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works or improvements and distribute the Feedback to others without limitation. Further, Capital One shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to Capital One shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Violations of Terms of Use

Capital One reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the site.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAPITAL ONE FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING LEGAL FEES AND EXPENSES ON A SOLICITOR AND CLIENT BASIS RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

Applicable Law

These Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Terms and Conditions for Capital One Online Banking Service

1. Introduction
2. Definitions
3. Description of Services
4. Security, Confidentiality of Access Information
5. Electronic Communications
6. Electronic Communications Disclosure
7. Changes in Services; Interruptions in Service
8. Privacy
9. Statement of Record
10. Your Responsibilities and Liabilities
11. Amendment
12. Termination
13. Assignment
14. No Waiver
15. Liability for Lost or Erroneous Data
16. Harm to Computer Systems/Data
17. Limitations of Liability and Disclaimers
18. Severability
19. Governing Law

1. Introduction

This Agreement governs your use of the Capital One Online Banking Service (and as further defined below, the “Services”).

Use of the Services is expressly conditioned on your acceptance of this Agreement, and when you use, or permit Authorized Persons to use, the Services, you agree to be bound by the terms of this Agreement. By using the Services, you acknowledge that you have read, understand and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.

This Agreement governs your use of any information, content, products, services, transactions and other features available on or through the Online Banking Website (the “Online Banking Site”). This Agreement is hereby made a part of the Terms of Use for capitalone.ca, and all such terms apply to your use of the Services on the Online Banking Site.

Any agreements, rules or other terms governing any accounts that you may view, modify or otherwise access while using the Service (such as your Cardholder Agreement) will apply to your use of Online Banking. Additionally, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may post on the Online Banking Site or any other Capital One Site (as defined below), or otherwise provide or make available to you.

Furthermore, if you use certain features, products or services available on or through the Services, you will be subject to, and/or required to agree to separate user agreements, cardholder agreements or similar agreements governing or relating to such features, products or services. All such guidelines, rules, disclosures, disclaimers, user agreements or similar agreements, and other terms and conditions (collectively, “Additional Agreements”) are hereby incorporated by reference into this Agreement. If the terms and conditions of this Agreement conflict with the terms and conditions contained in any Additional Agreement solely as they apply to Online Banking, this Agreement controls; provided, that the terms and conditions of this Agreement are not intended to modify any disclosures or other terms that are required by law and that are provided by Capital One in an Additional Agreement.

This Agreement shall apply regardless of the means by which the Services are accessed, including, but not limited to, through the URL address www.capitalone.ca, electronic mail or links from another website via a computer, mobile device or any other means of access.

When using other services or features available through the Online Banking Site but provided directly by third parties such as rewards, your use will be governed by the agreements, program rules or other terms or conditions governing use of those services or features.

Accepting this Agreement

By using or authorizing others to use Online Banking, you agree to the terms and conditions of this Agreement. Unless otherwise indicated, your use after any changes to Online Banking indicates you accept the Agreement in effect at the time. If you do not accept the Agreement, you may not use Online Banking.

2. Definitions

Unless otherwise stated, the following definitions apply throughout this Agreement: “Capital One”, “we”, “us” or “our” means Capital One Financial Corporation and its subsidiaries, including, but not limited to, Capital One Bank (Canada Branch).

“You” or “your” means each Authorized Person (as defined below) who has an interest in an account with Capital One that is accessible through the Services or through the Online Banking Site, each person who signed the application or other binding documentation for the account with Capital One (each, a “joint accountholder”).

“Authorized Person” means, with respect to an individual account, each person who has an interest in or authority to transact business in such account.

“Capital One Site” means any website owned or operated by a member of the Capital One family of companies that contains information about available products and services and/or terms and conditions relating to any accounts, account information and/or transactions that you may view, perform, modify or otherwise access or use while using the Services. Capital One Sites include, without limitation, the Online Banking Site, and capitalone.ca.

“Computer” means your computer, computer system, mobile device or any other method used to access a Capital One Site and all related equipment and software.

“Online Banking” refers to the online platform that allows you to perform the Services.

3. Description of Services

The “Services” means all information, materials, content, communications, features, products, services, methods of conducting transactions and transactions available, offered, made, obtained or otherwise provided or used (as applicable) on or through the Online Banking Site, including, but not limited to, the ability to (a) obtain account balance and certain other account information for various Capital One accounts that you may have; (b) obtain certain transaction information on your accounts; (c) download certain account transactions to your Computer; (d) update your address; (e) view online statements; and/or (f) schedule pre-authorized payments to certain accounts. These features are limited to the extent, and subject to the terms, noted herein and in any Additional Agreements that apply to you. The Services shall also be deemed to include any portion of the Online Banking Site and any software used to operate the Services. Subject to all terms hereof, you may use the Services seven days a week, 24 hours a day, except for any scheduled or unscheduled interruptions in the Services for maintenance, security or any other reasons, as further described below.

Certain features, information, types of transactions or other services available while using the Services are only available for certain Capital One accounts and may not be available when accessing the Services via mobile device or for all of your Capital One accounts. For certain accounts, you may be able to hyperlink from the Online Banking Site to another Capital One Site relating to such accounts, where you may be able to access features, information, transactions or other services pertaining to those accounts that you cannot access directly on the Online Banking Site (and that thus are not deemed a part of the Services).

4. Security, Confidentiality of Access Information

Use of the Services requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider and with a web browser (for example, Firefox, Chrome or Microsoft Internet Explorer).

To protect the confidentiality and security of your financial information, you must connect to the Online Banking Site using an Internet browser that supports TLS 1.2 or higher. Use of the Services with lower than TLS 1.2 is strictly prohibited. To the extent you are able to access the Services using lower than TLS 1.2, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.

You agree to keep your username, password and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.

If you believe the security of your password or any other Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services without your consent, or your accounts have been accessed without your authorization), you must notify us immediately. (See Your Responsibilities and Liabilities below.)

We reserve the right to deny your access to any one or more account(s) or to the Services or any part thereof, or to maintain or restore security or performance to the Online Banking Site or any other Capital One Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s). We may try to notify you in advance, but cannot guarantee we will do so.

5. Electronic Communications

You agree that all electronic communications that we receive on the Online Banking Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic, and binding obligations. These communications will be given the same legal effect as your written and signed paper communications and shall be considered a “writing” or “in writing”. They also shall be deemed to have been “signed” and to constitute an “original” when printed from electronic files or records established and maintained in the normal course of business.

You agree that electronic copies of communications are valid and you will not contest the validity or enforceability of such communications or any related transactions, absent proof of altered data or tampering, under the provisions of any applicable law relating to whether certain agreements are required to be in writing or signed by the party to be bound thereby, and such copies shall be admissible as evidence in any judicial, arbitration, mediation or administrative proceeding to the same extent and under the same conditions as other business records originated and maintained in paper form.

You agree (to the maximum extent permitted by law) to hold Capital One harmless and protect and indemnify Capital One from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable legal fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by Capital One pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.

Email

You agree to receive all transactional email communications from Capital One that are primarily related to your use of the Services or to your account(s), including automatic security alerts (discussed below). You consent to any inadvertent disclosures that may occur as a result of Capital One sending account communications to the email address you provide.

Because email is not a secure method of communication over the Internet, we recommend you do NOT use email to send confidential or personal information or initiate transactions on your account(s). We also recommend that you do not send confidential or personal information to us in text messages. We will not respond to or act upon text messages received from you, unless in connection with a specific program or instructions provided to you. We recommend that for account transactions or confidential questions, you use the appropriate functions available through Online Banking or notify us as specified on our Contact Us page.

Security Alerts and Account Alerts (Including Text Messages)

Online Banking offers both security alerts and Account Alerts as well as communications about your account and account transactions. Security alerts are provided to you for fraud protection and when certain important changes to your account occur, such as password and username updates, or changes in your physical or primary email address. These alerts are sent automatically by email to your primary email address and may be sent by text message to your mobile device number, if you have provided one. You may provide additional contact points for security alerts through the Online Banking Site.

You expressly agree to receive security alerts from us by text message at any mobile device number you provide to us. You may discontinue security alerts sent by text message as indicated below, but you will continue to receive security alerts by email.

In addition to security alerts, you have the option of receiving additional alerts or communications regarding other Online Banking and account activity delivered by email, text message or voice (together, “Account Alerts”). To get you started, we may select a few Account Alerts to be sent to your primary email address and/or mobile device. You may update your preferences or choose to receive additional Account Alerts at any time. By signing up to receive any Account Alerts, you consent to delivery of such messages in the format selected (such as text message or prerecorded voice) to the contact points you identify. If you provide us with a mobile device number for Account Alerts, you expressly agree to receive prerecorded messages and/or text messages at that number from us.

Both security alerts and Account Alerts are subject to the following:

You are responsible for notifying us of any changes to your email, mobile device and telephone contacts to which communications are sent. Please sign in to Online Banking to modify or cancel your Account Alerts. For help with text messages, you may text “HELP” to U.S. and Canada short code 227898. If you text “STOP” to short code 227898 from your mobile device, the command will revoke your consent to receive security alerts, Account Alerts and other Online Banking-related text messages at that mobile device from such short code (although we may send a confirmation of your opt-out), but will not revoke any other consent you may have provided us.

Your full account number will not be included in these types of communication from us. However, communications may contain our name and information about your accounts. Depending on the communication, information pertaining to account balances, cheques written, insufficient funds, transactions or payment due dates may be included. Anyone with access to your email, mobile device(s), or telephone or telephone answering machine(s) or service(s) may be able to access the contents of the communication. It is your responsibility to secure these devices, protect your username(s) and password(s) and provide timely information about contact changes to protect the confidentiality of this information. You consent to any disclosures by Capital One that may occur if you do not take appropriate steps to prevent access to your information by unauthorized persons.

We endeavour to provide communications in a timely manner with accurate information. However, we do not guarantee the delivery or accuracy of the contents of any communication. Communications may not reflect pending transactions or payments. Additionally, communications may not be delivered immediately. If you require additional details about a transaction, you may sign in to Online Banking or contact us as specified on our Contact Us page.

You agree that neither we nor our service providers will be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication.

To receive security alerts or Account Alerts via text message, your mobile device must be subscribed to a wireless service on a participating mobile carrier, and you must be able to receive text messages using your mobile device and your carrier’s service. A list of mobile carriers that can receive text messages from Capital One can be found here.

6. Electronic Communications Disclosure

Please read this Electronic Communications Disclosure (“eCommunications Disclosure”) thoroughly – it contains important information about your legal rights.

Your Legal Rights

Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we obtain your consent to this eCommunications Disclosure, which includes your consent to receive such information in electronic form. Your consent will also apply to any other person named on your account, subject to applicable law.

At times, we may still present you with paper disclosures or other documents that contain important information about your account, and you should continue to review any correspondence that we mail to you. Any communications that Capital One determines, in its sole discretion, that you should receive in paper rather than electronic form will be mailed to the primary address we show for you in our records or otherwise delivered as required by law or any Additional Agreement.

By consenting to this eCommunications Disclosure, you agree that you have, or have access to, equipment that meets the hardware and software requirements described in the FAQs section of our site to enable you to sign in and use Online Banking and to access and retain your statements, documents and disclosures electronically. If, in the future, you no longer have, or have access to, equipment that meets our hardware and software requirements, please contact us to unenrol from receiving electronic communications. We reserve the right to cancel your participation in this program at any time.

Consent and When It Takes Effect

Your consent for electronic delivery of information includes:

Your consent shall take effect immediately upon your acceptance to this Agreement. However, processing of your consent may be delayed. Any documents required may continue to be delivered via paper until we complete processing of your consent.

How to Withdraw Your Consent

You can withdraw your consent to receive your statement electronically, with no cost to you, online or by phone. To do so, sign in to Online Banking and update your settings or contact us as specified on our Contact Us page. Your withdrawal of consent is effective only after you have communicated your withdrawal to Capital One by calling the appropriate customer service phone number and Capital One has had a reasonable period of time to act upon your withdrawal. We will confirm that we have received your withdrawal of consent and specify when it takes effect. You will receive this confirmation in writing either in electronic form or in a paper document. Such withdrawal of consent will only apply to those communications that are required by law or regulation to be provided to you in paper form. We may continue to deliver to you in electronic format all other communications. Your consent shall remain in force until withdrawn in the manner provided in this section.

Consent Coverage; Certain Notices from Which You Are Not Covered

You may be required, by contract or applicable law, to give us notice in writing. Your consent here does not relate to those notices, and you must still provide them to us on paper.

Obtaining Copies of Electronic Communications

Your online statements will be available to review at intervals in accordance with your existing statement cycle date. While enrolled, your online statement will be available for 12 months or more, so make sure that you make any necessary copies prior to that time.

We recommend that you print or download a copy of this Agreement, this eCommunications Disclosure and all other communications to retain for your permanent records. Do this when you first review the communications, because after submission we do not necessarily keep them all in a place that you can access.

You may also contact us to request a paper copy of your statement or other communications. We may charge fees for paper copies of your statements or other communications.

Updating Your Contact Information

As a courtesy, when your statement is available online, we will attempt to send an email notification to the address that we have on file. We also may send you an email notification when you have a new other communication available for review. Alternatively, we may communicate the other communication directly through email. You must open an email from Capital One at least once over a 12‑month period in order to continue to receive such notifications.

In the event that your email address or other contact information is changed, you must notify Capital One of such changes immediately through Online Banking. It is your responsibility to update any changes in your email address online, and we are not responsible if you do not receive a courtesy reminder. If you do not receive an email and believe you should have, please verify your email address in Online Banking.

If you fail to update or change an incorrect email address or other contact information or fail to open at least one email from Capital One within a 12‑month period, you understand and agree that any communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form in Online Banking, or at another Capital One Website or emailed to the email address we have for you in our records.

7. Changes in Services; Interruptions in Service

We may, from time to time and at any time, revise, update, discontinue or otherwise modify, temporarily or permanently, the Services in whole or in part (including, without limitation, the Online Banking Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access to them. We will attempt to provide prior notice of any such material changes (for example, by posting a notice of such changes on the Online Banking Site when you sign in, and/or sending a notice to you at the address shown on our records), but cannot guarantee that such notice will be provided.

Changes to the Services may render prior versions of the Services obsolete. Without limiting the foregoing, we reserve the right to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline changes by continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes.

8. Privacy

Capital One supports information privacy protection. Click on the following link to read the Privacy Policy at www.capitalone.ca/privacypolicy. By agreeing to this Agreement, you also agree to the terms of this Privacy Policy.

9. Statement of Record

If you receive paper and electronic statements, any account information provided by the Services is not the statement of record. The periodic statement that is mailed to you will be the statement of record. If you have chosen to stop receiving paper statements, the periodic statement provided to you electronically will be the statement of record. In any case, you are responsible for reviewing any statement and other account communications sent to you by postal mail. Any mailed statement and other account communications will continue to contain important information about your account(s), regardless of whether you access your account(s) through the Services or whether you have chosen to receive your statement electronically.

10. Your Responsibilities and Liabilities

Update, Protect and Monitor Your Contact and Other Information

It is your sole responsibility to ensure that your contact and other information is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers and email addresses. Changes to contact information can be made through the Online Banking Site or by notifying us as specified on our Contact Us page.

To prevent unauthorized access to your account(s) and use of Online Banking, you agree to keep your username, password and any other security or access information (collectively, “Access Information”) confidential. We recommend that you memorize your Access Information and do not write it down. We also recommend that you do not reuse passwords. Instead, create a unique password for your account. You agree not to give or otherwise make available your Access Information to any unauthorized individual.

You will receive periodic statements for your account(s) with the regularity provided for in your account agreement(s). To help prevent any wrongful use of or errors on your account(s), you must carefully examine your statement upon receipt.

11. Amendment

We have the right to change this Agreement at any time, which may include the addition of terms. If we make changes, you will be notified as required by applicable law.

12. Termination

You may continue to access the Services until your access is terminated by you or us. We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason. For your security, if your online access has been terminated, you may be required to re-enrol.

If you close your account, you may no longer be able to access Online Banking or the Services. However, cancellation of your access to Online Banking will not terminate any Accounts you access via Online Banking.

We reserve the right to terminate your access to the Services if you do not access the Services and there has been no activity on any of your accounts through the Services for any consecutive 120-day period, and there is no such activity pending as of the end of such 120-day period.

This Agreement will be in effect from the date of your enrolment in the Services and at all times while you are using Online Banking or the Services.

13. Assignment

We may assign this Agreement to our parent corporation or to any now-existing or future direct or indirect subsidiary of our parent corporation or another Capital One entity, or to any existing or future direct or indirect subsidiary of Capital One, or to any of our existing or future affiliates. We may also assign or delegate some of our rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign this Agreement or your rights to use or access the Services to any other party.

14. No Waiver

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

15. Liability for Lost or Erroneous Data

Without limiting any other provision hereof, you will bear the sole liability and risk of any error or loss of data, information, transactions or other losses which may be due to the failure of your Computer or third party communications providers on which you may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your Computer.

16. Harm to Computer Systems/Data

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses or other similar harmful components that may enter your Computer by downloading information, software or other materials from the Online Banking Site or any other Capital One Site.

17. Limitations of Liability and Disclaimers

Except as otherwise expressly provided herein, your use of the Online Banking Services is at your own risk. None of the entities comprising Capital One, nor any of their respective officers, directors or employees, nor any other party involved in creating, producing or delivering the Services is liable for any direct, incidental, consequential, indirect, punitive or other damages of any kind arising out of your access to or use of the Services, or the inability to access or use the Services, whether caused by Capital One or such other parties, online service providers, any agent or subcontractor of any of the foregoing or any other party.

Without limiting the above, you agree you are solely liable for and will indemnify Capital One where appropriate for any and all claims, losses, liability, damages, and/or demands (including, but not limited to, reasonable legal fees and court costs) arising out of or in any way connected to our honouring or following any and all electronic communications for which we have attempted to verify your identity as set forth above.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE CAPITAL ONE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CAPITAL ONE MAKES NO WARRANTY THAT (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (B) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.

Nothing contained in the Services is intended to provide legal, accounting, tax or financial advice. You should consult your own professional advisor on such matters. Information about products and services which you do not already have with Capital One is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

18. Severability

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

19. Governing Law

This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Capital One Transactions Service Terms and Conditions

This Data Release Agreement is between you, the user (“you” and “your”) and Capital One Bank (Canada Branch), an authorized foreign bank branch with offices at 161 Bay Street, Toronto, Ontario (together with its parents and subsidiaries, “Capital One” or “us” or “we”), and governs your use of the Capital One Transactions Service (the “Service”). This Data Release Agreement applies in addition to, and does not replace, any other agreement that may apply to your Capital One credit card account(s) (each an “Account”).

Before using the Service, please read this Data Release Agreement, the Capital One Privacy Policy, and the Capital One Online Banking Terms and Conditions (collectively, the “Agreement”). Your use of the Service is conditioned on your acceptance of the Agreement. If you do not accept these terms, you may not use the Service.

We may modify this Data Release Agreement at any time and will post the revised Data Release Agreement at www.capitalone.ca/about/terms-of-use/#datasharing-terms-conditions. By continuing to use the Service after the modified Data Release Agreement has been posted, you accept the Data Release Agreement as revised.

This Data Release Agreement was last revised on September 6, 2019.

The Service: The Service allows you to request and authorize us to release the Data (as defined below), including personal information about you, to a third party you designate (the “Company”). After logging in with your Capital One username and password, you can authorize us to begin releasing the Data to the Company on your behalf. Once authorized, we will continue to provide the Data to the Company until such time as you unlink your Account (as set out below) or we restrict, suspend or revoke your use of the Service. We will continue to provide the Data to the Company even if your Capital One username or password are reset or changed.

We can restrict, suspend or revoke your ability to use the Service, including the release of the Data to the Company, at any time and in our sole discretion. We may do so for any reason, including (but not limited to) if you fail to comply with this Agreement, if there is a change in applicable law, if your Account is past due, over limit, fraudulent, restricted, or part of a consumer credit counselling program or bankruptcy, or if we suspect fraud on your Account. We also reserve the right to establish practices, restrictions or limits concerning your use of the Service, and to disable, change, suspend or discontinue any aspect of the Service or any associated feature, functionality or content, in our sole discretion and at any time. The Service may be unavailable from time to time due to regularly scheduled maintenance or for other reasons.

Subject to your compliance with this Agreement, you may use the Service solely for your personal use. You cannot sublicense or transfer this right. Except as expressly set out under this section, we reserve all right, title and interest (including all intellectual property rights) in and to the Service and any part or component thereof.

The Service is not currently available if you are the primary account holder on a Capital One retail partnership credit card account or an authorized user on any Capital One credit card account.

Data We Release: “Data” means information from or about your Account(s), and may include account name, account type, balance information, transaction history, rewards information and payment history. We may not make available all of your Accounts, or all of the Data about any particular Account. We will ask for your express authorization to release the Data to the Company. We may, in the future, add to the kinds of Data you can authorize us to release to the Company but will not release this Data without your authorization.

Unlinking: Once you have authorized us to share the Data with Company, we will continue to provide it until you ask us to stop or your use of the Service is restricted, suspended or revoked. You can request that we stop sharing the Data by visiting your security settings within Capital One online banking and unlinking your Account(s). It may take up to 15 minutes for your request to take effect.

Please note that while we may restrict or disable the Company’s ability to access the Data, the Company may still show your Account(s) as connected. The Company may also be able to retain and use the Data that has already been provided. For more information, please review the Company’s terms of service and privacy documentation.

Once We Release the Data, the Company, Not Capital One, is Responsible for Managing, Using and Protecting It: It is important that you understand how the Service works and the role Capital One plays in making it available to you. Capital One provides the Service, which enables you to request that we release the Data to the Company. We may know little about the Company, other than that you asked us to provide them with the Data. We will authenticate that the request was made by you or on your behalf, and then we will release the Data. Once we do that, and that Company has it, it is in their control and is subject to their terms and policies.

Exclusion of Liability: Accordingly, you understand and agree that: (i) the Company, and not Capital One, is solely responsible and liable for what happens to the Data once it is in their possession or control; (ii) unless we specifically state otherwise, we do not endorse, support, or offer the Company’s products or services; (iii) we have no responsibility to monitor the Company’s use of the Data; and (iv) you will not attempt to hold us in any way responsible for the Company’s use of the Data.

UNDER NO CIRCUMSTANCES WILL CAPITAL ONE AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, STATUTORY OR OTHER TYPES OF DAMAGES) OR LOSSES (INCLUDING LOSS OF REPUTATION, GOODWILL, OR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING YOUR USE OF THE SERVICE, THE RELEASE OF THE DATA TO THE COMPANY, OR THE COLLECTION, USE, PROTECTION, STORAGE, OR DISCLOSURE OF THE DATA BY THE COMPANY OR ANY OTHER PARTY. THIS SECTION “EXCLUSION OF LIABILITY” WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF CAPITAL ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES IN ADVANCE AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.

No Warranty: The Service is provided for your convenience and is free of charge. Accordingly:

USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. THE SERVICE IS PROVIDED AND MADE AVAILABLE “AS IS” WITH NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPITAL ONE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICE (WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE), INCLUDING ANY WARRANTY OR CONDITION OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, CURRENCY, ACCESSIBILITY, RELIABILITY, AVAILABILITY, UNINTERRUPTED USE, OR THAT THE SERVICE IS OR WILL BE ERROR-FREE OR VIRUS-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAPITAL ONE WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION.

Company’s Privacy Practices: To learn more about how the Company protects, manages and uses the Data, consult their privacy policy, terms of service, and supporting documentation.

Notices: By using the Service and authorizing us to release the Data, you consent to receive electronic communications from us related to your use of the Service, including emails, SMS/text messages and other messages to the contact points designated for your Account(s). You agree to keep these contact points up to date. If you do not wish to receive these communications, you must unlink your Account(s) as set out above.

Support: If you need any help with the Service, if you have any questions, complaints or claims about the Service, you can contact us online at www.capitalone.ca/contact-us/capitalonecards or by phone at 1‑800‑481‑3239.

If you have any questions or concerns about the Company’s products or services, or their use of the Data, please contact the Company directly.

Language: It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

General: This Agreement constitutes the entire agreement between you and Capital One with respect to the Service. If any section of this Agreement or part thereof becomes illegal, invalid or unenforceable in any jurisdiction, this will not affect the legality, validity or enforceability of the remainder of the section or the remainder of this Agreement. You may not assign or transfer this Agreement (in whole or in part) without our prior written consent. This Agreement may be assigned or transferred (including by operation of law) by Capital One without your consent and will inure to the benefit of Capital One, its successors and assigns. If Capital One does not exercise or enforce any legal right or remedy available to it, Capital One will not be deemed to have waived any such rights or remedies. Any waiver of any section of this Agreement will be effective only if Capital One expressly states in writing that it is waiving a specified section of this Agreement. This Agreement will continue to apply until such time as you discontinue your use of the Service, or the Agreement is otherwise terminated by you or Capital One; notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of this Agreement or your use of the Service will survive such termination. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you and Capital One agree that disputes relating to this Agreement or your use of the Service will be subject to the exclusive jurisdiction of the courts of the City of Toronto in the Province of Ontario.