KONEK ^™ Terms and Conditions of Use

Last Updated: October 31, 2024

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE KONEK^TM SERVICE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS EXCLUSIONS, INDEMNITIES AND LIMITATIONS ON LIABILITY.

1. Introduction

1.1 Terms and Conditions

(a) Interac Corp., (“Interac”), is the provider of the KONEK^TM service, together with its associated gateway page (individually or collectively, as the case may be, the “KONEK Service”). By using the KONEK Service, you are agreeing that you have read, understood and will comply with these Terms and Conditions. By using the KONEK Service, you are also agreeing to any third party terms and conditions of use that relate to, govern, or otherwise apply to your use of the KONEK Service, such as your financial institution’s terms and conditions when you access your bank account to make a payment via the KONEK Service, as they may be amended from time to time (“Third Party Terms”). If you do not agree with these Terms and Conditions or any applicable Third Party Terms, you should not use the KONEK Service.

(b) Interac may make changes to these Terms and Conditions at any time. We will post a prominent notice of any material changes to these Terms and Conditions when they occur. Any changes will be effective immediately once posted on https://www.konek.ca/en, and any other location deemed suitable by Interac in its sole discretion, and you are bound, to the maximum extent permitted under applicable law, by the amended Terms and Conditions in effect at the time that you access the KONEK Service. A copy of the current Terms and Conditions are available at https://www.konek.ca/en/terms-and-conditions, and you may review them at any time. We encourage you to print a copy of these Terms and Conditions and any updates for your own files. If any changes made to these Terms and Conditions are unacceptable to you, you must immediately terminate use of the KONEK Service, however, these Terms and Conditions will continue to apply to your previous use of the KONEK Service. These Terms and Conditions may not be changed in any manner by you, and any such attempted change by you will be null and void. Any new content, functionality or services which are added to the KONEK Service will also be immediately subject to these Terms and Conditions.

(c) Please note that, only if you are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1) of the Province of Quebec, we will send you 30 days’ prior notice of any change to these Terms and Conditions. To the extent permitted by law, you may refuse such change and rescind these Terms and Conditions by notifying us within thirty (30) days after such modification comes into force. In the event you refuse any changes that we make to these Terms and Conditions, regardless of whether or not you provide us with notice of such refusal, you will cease your use of the KONEK Service.

1.2 Interpretation

Interac, its affiliates, its subsidiaries and its and their respective directors, officers, employees, agents, contractors, subcontractors, service providers and suppliers, as applicable; (b) the words “you” or “your” mean you, the person who uses the KONEK Service; (c) the words “include”, “includes” and “including” will be deemed to be followed by the words “without limitation”; (d) the word “or” is not exclusive; and (e) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to these Terms and Conditions as a whole. Unless the context otherwise requires, references herein to “Sections” refer to the Sections of these Terms and Conditions.

1.3 The KONEK Service

The KONEK Service facilitates the simple, flexible and convenient fulfillment of e-commerce payments by allowing customers to pay for purchases made online through a website or mobile application, and pay for such purchases through their existing: (a) eligible bank accounts (which may include deposit accounts and line of credit accounts) at a Canadian financial institution participating in the KONEK Service (a “Bank Account”) via Interac DirectTM; (b) debit or credit cards through Visa, Mastercard or American Express; and (c) any other eligible payment methods (collectively, the “Payment Methods”). If you have a Bank Account, you can make a payment from such Bank Account through the KONEK Service, subject to these Terms and Conditions and the Third Party Terms. You may also have the option to create a user profile associated with your use of the KONEK Service (a “User Profile”), which allows the KONEK Service to remember you for the next time you use the Konek Service. For more information on how the KONEK Service works, please visit https://konek.ca/en/consumers. The KONEK Service may be used for individual payments, recurring payments, pre-authorized payments and split shipments. Interac provides an intermediary service only and is not a financial institution, therefore, Interac is not subject to banking regulations. For questions or issues specific to the Payment Methods, you should contact the relevant financial institution. The KONEK Service may be used on generally available internet browsers.

2. Privacy

Protecting your privacy is very important to us. Please review our KONEK Privacy Policy, available at https://konek.ca/en/privacy-policy, in order to better understand our commitment to maintaining your privacy, as well as our collection, use and disclosure of your personal information.

3. Eligibility and Your Responsibilities

3.1 Eligibility

(a) If you are an individual, you represent and warrant that you have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfound, Northwest Territories, Nova Scotia, Nunavut, and Yukon) or if you are under the age of majority, you must have your parent or legal guardian’s permission to use the KONEK Service. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use the KONEK Service, then these Terms and Conditions apply to you and you are responsible for your child’s activities on the KONEK Service.

(b) If you have connected a Bank Account to the KONEK Service, you represent and warrant that it is a valid Bank Account in good standing and you are the owner of such Bank Account.

(c) If you are an individual transacting on behalf of a business, you represent and warrant that you have the authority to transact on behalf of the business.

3.2 Information You Provide Interac

You are entirely responsible for maintaining the confidentiality of your Bank Account information and compliance with all of your financial institution’s requirements for your Bank Account. You agree that you are responsible for maintaining all passwords, identifications, personal identification numbers and access codes for your banking information and any and all other personal devices securely to prevent others from gaining access. To further protect yourself from unauthorized activity through the KONEK Service, you should regularly review your statements for any Payment Method that you use through the KONEK Service. You must provide true, accurate and complete information in all of your communications with Interac. You agree not to impersonate any person or use a name which you are not authorized to use. You agree that we are entitled to rely on the information you or your financial institution provides to us, including as to your accounts, address, email address, telephone number or identity, and that any loss suffered because this information is inaccurate or incomplete will not be borne by Interac. If any information you give to Interac, or that is given to us on your behalf by your financial institution, is untrue, inaccurate, outdated or incomplete, Interac has, among other remedies, the right to block you from using the KONEK Service.

3.3 Use of the KONEK Service

(a) You can choose your Payment Method from any participating financial institution. The availability of certain Payment Methods may be limited due to factors outside of Interac’s control, including due to the applicable merchant, financial institution, payment network or acquirer facilitating the payment. There may also be other times when your preferred Payment Method cannot be used, for example, if you select a credit card that has expired or you no longer have access to a certain account with your financial institution.

(b) You agree that Interac has the right, in its sole discretion, to refuse to process any payment initiated by you. As described more fully in the Privacy Policy, Interac may also report suspicious activity to the appropriate authorities, the participating financial institutions or other third parties. You agree that Interac will not be liable to you or held responsible for such termination or refusal of service or for reporting suspicious activity to the appropriate authorities, participating financial institutions, or other third parties.

(c) You authorize Interac, directly or through third parties, to make any inquiries we consider necessary to provide the KONEK Service (including to combat potential fraud, illegal activities or to ensure our compliance with potentially applicable laws), or that may be required by applicable law or law enforcement agencies. This may include requiring you to take steps to confirm your email address, among other things.

(d) You will not, and will not assist, permit or enable any person to: (1) use the KONEK Service in a manner that is, in whole or in part: (i) in contravention of these Terms and Conditions or any Third Party Terms, as they may be updated, modified or replaced from time to time; (ii) criminal in nature, gives rise to civil liability or otherwise violates any applicable law, statute, ordinance or regulation; (iii) harassing, hateful, illegal, profane, obscene, defamatory, threatening, injurious, discriminatory or that promotes or encourages inappropriate activity; or (iv) prejudicial to Interac or that may bring disrepute on Interac or the KONEK Service; each of the foregoing to be determined by Interac in its sole discretion; or (2) (i) use any robot, spider, offline reader, site search application, site retrieval application or other device, tool, or process (whether manual or automatic) to access the KONEK Service or retrieve, index or data mine the KONEK Service or in any way reproduce or circumvent the navigational structure or presentation of the KONEK Service, or its contents, unless expressly authorized by us in writing; (ii) use any automated software or computer system to search for, retrieve, process or otherwise allocate KONEK Service payments unless expressly authorized by us in writing; (iii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (iv) use the KONEK Service alone or in conjunction with any device, program or service, in an attempt to circumvent any technological measure that effectively controls access to, or the rights in, the KONEK Service, or any related payment, in any way, including by manual or automatic device or process, for any purpose whatsoever; (v) copy or use the KONEK Service, or any of its components, for any purpose other than as expressly permitted in these Terms and Conditions; (vi) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the KONEK Service; (vii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the KONEK Service or any part thereof; (viii) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the KONEK Service, including any copy thereof; (ix) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the KONEK Service or any features or functionality of the KONEK Service, to any third party for any reason; (x) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the KONEK Service; (xi) provide any false, misleading or inaccurate information to Interac or any other person using the KONEK Service; (xii) use the KONEK Service to engage in any offensive, fraudulent, illegal or inappropriate (as decided by Interac in its sole discretion) behavior.

3.4 Intellectual Property

(a) All content associated with the KONEK Service (including the design, text, code, multimedia clips, graphics, icons, audio, visual materials, trademarks, logos and slogans), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”).

(b) We or our licensors will retain all rights, title, ownership and interests in the KONEK Service and its contents and any and all Intellectual Property therein. Except as expressly provided, nothing in these Terms and Conditions or within the KONEK Service will be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. You are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of the KONEK Service’s content or Intellectual Property associated with the KONEK Service without our prior written consent or of any third party owner of the KONEK Service’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of the KONEK Service or our Intellectual Property.

(c) Certain words, marks, brands, phrases, names, designs or logos used in association with the KONEK Service (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include the Interac® trademark, the Interac logos, the KONEK^TM trademark, the Interac Direct^TM trademark.

3.5 Indemnification

To the greatest extent permitted by law, you indemnify, defend and hold Interac harmless for any claims, liability and expenses of any kind (including reasonable legal fees and costs) related to or arising out of: (a) your non-compliant use or access of the KONEK Service; (b) your breach of these Terms and Conditions; (c) your wrongful activity, illegal act or use or misuse of the KONEK Service, its contents, or any other material or information provided to you by or on behalf of Interac; or (d) your negligence or misconduct. Interac reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. For the avoidance of doubt, you may not enter into any settlement or like agreement with any person that affects or binds Interac in any way, without the prior written consent of Interac, acting in its sole discretion.

4. Electronic Communications

You agree that the following may be provided to you by electronic means: disclosures or notices required to be provided by law; customer service communications; and any other communications deemed necessary by Interac from time to time in relation to these Terms and Conditions (including notifying you of any updates or modifications to these Terms and Conditions), your use of the Service or any inquiry you make in respect of the Service. We are entitled to rely on the contact information (including the email address) associated with your Bank Account or KONEK Service profile, and any electronic communication sent to you will be deemed to have been received by you no later than five (5) business days after Interac sent it to you whether or not you actually receive or retrieve the communication.

5. Disclaimers

5.1 System Malfunction

INTERAC PROVIDES THE KONEK SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INTERAC DOES NOT GUARANTEE THAT THE KONEK SERVICE WILL ALWAYS FUNCTION WITHOUT ERRORS, DISRUPTIONS, DELAYS OR IMPERFECTIONS. INTERAC IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE INTERAC FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. FURTHER, AND WITHOUT LIMITING THE LIMITATION OF LIABILITY SET OUT IN SECTION 6 (LIMITATION OF LIABILITY) OF THESE TERMS AND CONDITIONS, INTERAC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS RESULTING FROM CAUSES OUTSIDE ITS DIRECT CONTROL, SUCH AS FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, ELECTRONIC VIRUSES OR MALWARE, UNAUTHORIZED ACCESS TO OUR SYSTEMS, THEFT, OPERATOR ERROR, SEVERE WEATHER, NATURAL DISASTERS, STRIKES OR OTHER LABOUR PROBLEMS, WARS, DISEASE, EPIDEMIC, GOVERNMENTAL RESTRICTIONS, OR FOR ANY LOSS OF INFORMATION CAUSED BY DISRUPTIONS IN OR MALFUNCTIONS OF SERVICE.

5.2 Exclusion of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERAC PROVIDES AN INTERMEDIARY SERVICE ONLY. INTERAC’S ONLY OBLIGATION IS TO CARRY OUT THE KONEK SERVICE PAYMENT INSTRUCTIONS BY FACILITATING PURCHASES USING THE PAYMENT METHODS THROUGH THE KONEK SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTERAC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE WE RENDER AND WITH RESPECT TO THE PAYMENTS MADE BY YOU TO OTHER PARTIES, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME ALL LIABILITY AND RISK ARISING FROM YOUR ACCEPTANCE OR CREATION OF KONEK SERVICE PAYMENTS THROUGH INTERAC OR OTHERWISE, INCLUDING ANY LIABILITY OR RISK THAT A KONEK SERVICE PAYMENT WAS IMPROPERLY INITIATED BY YOU, OR THAT A KONEK SERVICE PAYMENT WAS ILLEGAL. YOU AGREE THAT INTERAC IS NOT LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES SUFFERED BY YOU BECAUSE OF OR IN RELATION TO ANY KONEK SERVICE PAYMENTS.

6. Limitation of Liability

6.1 No Recovery for Indirect Losses

In no event will Interac be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type other than out of pocket expenses, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with your access, use or availing of the KONEK Service, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. Without limiting the generality of the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for: (a) any act or omission of another user of the KONEK Service; (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access, use or availing of the KONEK Service; (c) any unauthorized access to or use of Interac’s secure servers or any and all personal information or financial information stored on such servers; (d) any worms, bugs, viruses, trojan horses, date bombs, defects, time bombs or other items of a destructive nature which may be transmitted to or using the KONEK Service or any of Interac’s services; or (e) any errors, mistakes, inaccuracies or omissions in any content. Your sole and exclusive remedy for dissatisfaction with the KONEK Service is to stop using the KONEK Service. The limitations in this section will apply even if any limited remedy fails of its essential purpose. Interac’s liability will be limited under this paragraph and these terms and conditions to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply only to the extent applicable law permits the recovery of damages, attorneys’ fees or costs that would otherwise be prohibited by the limitations in this section.

6.2 Limitations Due to Third Parties

(a) The KONEK Service inter-operates with third-party products and services, including but not limited to merchants and financial institutions. These third-party products and services are beyond our control, but their operation may impact on, or be impacted by, the use and reliability of the KONEK Service. You acknowledge and agree that: (i) the use and availability of the KONEK Service is dependent on third-party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact on the way that the KONEK Service operates; and (iii) we are not responsible for damages and losses due to the operation of these third-party products and services.

(b) The merchant is the entity that is selling goods or services over the internet, either through their websites or mobile application, to you. Merchants are fully responsible for: (i) clearly disclosing payment details such as amount, duration, currency, shipping information and other such details before you submit your order; (ii) completing your purchase payment; (iii) complying with all consumer protection and other legislation applicable to the goods or services being provided to you; (iv) handling of refunds; (v) provision of receipts; and (vi) complying with payment card network legislation and codes of conduct or practice. Interac is in no way responsible for compliance by merchants with these obligations to you. If you are unsatisfied with a purchase made through the KONEK Service, you should contact the merchant to attempt to resolve your issue in accordance with the merchant’s return policy. Interac does not have any control over the products or service provided by merchants, and Interac cannot ensure that a merchant you are dealing with will actually complete the payment or is authorized to do so.

(c) Your financial institution is fully responsible for the performance, operation and security of its Payment Methods including online banking systems and banking portals, your bank login credentials, payment approvals, obtaining your consent to share the information they have about you and your Bank Account with Interac, the availability of Payment Methods and the administration of any payment reversals, where you may be so entitled. Your financial institution is also responsible for complying with payment card network rules and both Interac and your financial institution are responsible for complying with related codes of conduct. Interac is in no way responsible for your financial institution’s compliance with laws applicable to it. If you are dissatisfied with a Payment Method, you may be entitled to dispute the Payment Method with your financial institution (e.g. chargeback rights, fraudulent payments, payment reversals, currency conversion rates, etc., as applicable) and you agree that Interac is not responsible or liable for any of the foregoing.

(d) Without limiting the foregoing, Interac is a payment intermediary only. We do not: (i) act as your agent or trustee; (ii) enter into a partnership, joint venture, agency or employment relationship with you; (iii) guarantee the identity, quality or availability of any merchant; (iv) collect, pay, remit or determine your liability for any taxes that may arise from your use of the KONEK Service; or (v) guarantee that payment will be issued or received including in an otherwise correct or timely manner.

7. Termination

7.1 Termination, Suspension or Modification of Service

Interac, in its sole discretion for any reason and at any time, reserves the right to suspend, terminate or modify in any way the KONEK Service, or any other of Interac’s websites, software, systems (including any networks and servers used to provide any of Interac’s services) or services, operated or offered by us, including your ability to access, use or avail of the KONEK Service.

7.2 Termination of these Terms and Conditions

In addition to Interac’s right to modify these Terms and Conditions at any time in accordance with Section 1.1(b) and without limiting Section 7.1, Interac may also terminate any or all of your entitlements under these Terms and Conditions, in its sole discretion, for any reason and at any time.

7.3 Survival

Sections 3.3, 3.4, 3.5, 5, 6, 7.3 and 8.1 to 8.9 will survive any suspension, modification or termination of the KONEK Service or termination of these Terms and Conditions and continue to apply indefinitely.

8. General

8.1 Severability

If any provision of these Terms and Conditions is found to be invalid, the invalidity of that provision will not affect the validity of the rest of these Terms and Conditions, which will remain in full force and effect.

8.2 Waiver

No failure to exercise, and no delay in exercising, any right or any power hereunder by us will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

8.3 Jurisdiction

The KONEK Service is maintained in the Province of Ontario, Canada. It can, however, be accessed from places around the world. Although these places may have different laws from Ontario, by using the KONEK Service, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of the KONEK Service, without regard to rules relating to conflict of laws. Interac makes no claims that the KONEK Service, or any of its contents, may be lawfully viewed, accessed, used or availed of outside of Canada. Access to materials associated with the KONEK Service may not be legal by certain persons in certain countries. If you access the KONEK Service from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. To the maximum extent permitted by applicable law, you hereby irrevocably attorn to the exclusive jurisdiction of the courts sitting in the City of Toronto in the Province of Ontario in relation to any dispute arising in relation to these Terms and Conditions or the KONEK Service.

8.4 Links

Interac’s website may contain links to third party websites. These links are provided solely as a convenience to you and do not imply any endorsement by Interac. Interac is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

8.5 Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us with respect to the KONEK Service, and supersede and replace any prior agreements we may have had between us regarding the KONEK Service, including any prior versions of these Terms and Conditions.

8.6 Remedies

You acknowledge that the KONEK Service contains our proprietary information and that any actual or threatened breach of these Terms and Conditions will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

8.7 Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

8.8 Interac’s Contact Information

If you need more information or you believe that a KONEK Service payment record is incorrect, contact Interac in writing at:

Interac Corp.
Attn: KONEK Consumer Support
Royal Bank Plaza, North Tower, P.O. Box 45
200 Bay Street, Suite 2400
Toronto, Ontario M5J 2J1
Canada

8.9 Terms in English

THIS DOES NOT APPLY IF YOU RESIDE IN THE PROVINCE OF QUEBEC. It is the express wish of the parties that these Terms and Conditions and any directly or indirectly related documents be drawn up in English. Any translation of these Terms and Conditions is provided solely for your convenience and is not intended to modify the terms of these Terms and Conditions. In the event of a conflict between the English version of these Terms and Conditions and a version in a language other than English, the English version will control.

8.10 Terms in French

THIS ONLY WILL APPLY IF YOU are a consumer within the meaning of the Consumer Protection Act (CQLR, c. P-40.1) of the Province of Quebec. You hereby confirm that a French version of these Terms and Conditions was made available to you and you expressly consent to be bound by the above English version of these Terms and Conditions instead. Any translation of these Terms and Conditions is provided solely for your convenience and is not intended to modify the terms of these Terms and Conditions. In the event of a conflict between the French version of these Terms and Conditions and a version in a language other than French, the French version will control.