privacy and legal - terms & conditions

Terms and Conditions

Introduction:

These terms and conditions (these "Terms and Conditions") between you and ResMor Trust Company (offering the product line Ally) ("Ally") govern your use of Ally.ca (the "Website") and your management of your Ally accounts online.

The agreements governing your individual Ally account, such as the Account Agreement, continue to apply and will prevail if there is a discrepancy between any part of those agreements and these Terms and Conditions.

You should review those agreements for any applicable fees, transaction limitations, and other restrictions that might impact your account when managing your Ally accounts.

Download our Account Agreement or Trust Agreement.

By requesting, accessing, or using any Service (or by authorizing another person to request, access or use any service), you agree to comply with and be bound by these Terms and Conditions, each agreement that applies to your accounts with us, and any other terms that are incorporated into these Terms and Conditions by reference (including our Privacy Policy).

Download our Privacy Policy.

Terms of Use

Copyright

All text, images, graphics, animation, video, music, data, works and other materials on the Website are subject to copyright and other intellectual property rights of Ally and/or its licensors. These materials may not be used or accessed by you except to use and access the Online Services or any of our other services to manage your accounts as permitted in these Terms and Conditions, and these materials may not be copied, reproduced, distributed, modified, licensed, or reposted to other Websites without our express written permission. Systematic retrieval of data or other content from this site to create or compile a collection, database or compilation without prior written permission from us is strictly prohibited.

Trademarks

"Ally" is a trademark of Ally Financial Inc. and is used under license. The trademarks appearing on the Website are marks of ResMor and/or its parent, subsidiaries, affiliates or licensors and may not be copied, reproduced, distributed, modified, licensed, or reposted to other Websites. The Website contains other copyright and trademark notices that you agree to observe and follow.

Definitions

The following words refer to ResMor Trust Company: "Ally", "we," "our," and "us".

The following words refer to the account owner as identified on the signature card and other account documents along with their legal representatives: "you" and "your".

"Online Services" is our Internet-based service, providing access to your online account(s).

"Username" is our designated code that allows you to use our Online Services.

"Password" is a series of numbers or letters, selected by you, that allows you to authenticate your Username.

Online Services

To use our Online Services to your online accounts you must have:

• An Internet-capable browser with service through an Internet service provider. Current supported browsers include Mozilla Firefox® versions 2 or 3 and Microsoft Internet Explorer® versions 6 or above;
• All equipment and connections needed to access and use the service, including upgrades, such as a computer equipped with a modem and Internet access; and
• An account — unless you are applying for one.

You may use our Online Services to:

• Apply for an Ally account
• Fund new Ally accounts
• See your current Account balance(s)
• Review your Account transactions
• Transfer funds between your Account(s)
• Make single or recurring electronic transfers from your designated Account(s) to any company or individual payee account that you designate (within Canada)
• Send and receive secure online mail messages and questions regarding your Accounts or Online Service to our Customer Care department
• Update your personal information, including phone numbers, email address, Password, and/or Interactive Voice Response (IVR) PIN
• Perform other tasks that are permitted under a specific account agreement

Description of Services

A. Applying for an account

By submitting your application for an account or accounts, you authorize us to obtain a consumer credit report as part of your application review.  If you are applying for a joint account, you represent to us that each other person in whose name the joint account is to be held has instructed you to authorize us to obtain a consumer credit report on them as part of such application review.

By proceeding with this process, you agree to the use of your credit report for the purpose of confirming your identity to help us process your application.  If you are applying for a joint account, you represent to us that each other proposed joint account holder consents to the use of the credit report on them to confirm their identity in order to process such application.

By providing us with a personalized cheque as part of the application process, you consent to us confirming that you have a deposit account with a financial institution in Canada, for the purpose of confirming your identity to help us process your application.

Further details on the application process for an account may be found in agreement governing the account.

B. Fund transfers

Subject to the limits set forth below and in any other agreement with us, transfers can be made from your accounts you hold with us, or external accounts that you have set up for this purpose.

For online transfers, business days end at 12:00 a.m. midnight. Transfers submitted from your account before 12:00 a.m. midnight will be processed on that business day. Transfers you submit after the 12:00 a.m. cut-off time will be processed the following business day. 

Transfers can be scheduled as a one-time event or on a recurring basis in the future. You may also schedule a transfer of funds to recur in intervals, such as weekly, biweekly, and monthly. Scheduled recurring transfer of funds that fall on a weekend or other non-business day will be processed on the previous business day.

You authorize us to withdraw the necessary funds from the account you indicate on the date you request a transfer or on the date you’ve scheduled for the transfer to be processed. You agree that you will initiate the withdrawal only when you have sufficient funds or when funds will be available on the designated initiation date. If you do not have a sufficient balance, we may refuse to complete the transaction. In either case, no further attempt will be made by us to process the transfer. We are under no obligation to notify you if we cannot complete a transfer because there are insufficient funds to process a transaction. In all cases, you are responsible for making alternate transfer arrangements or rescheduling the transfer through the Online Services. In the case of fixed, scheduled transfers, only the transfer currently scheduled will be cancelled in the case of insufficient funds. Future-dated transfers will not be affected.

All deposits or withdrawals to or from your US Dollar Account will be made at the prevailing US dollar exchange rate on the date of the deposit or withdrawal as determined by us. Our US dollar exchange rate is subject to change without prior notice.  Check out our latest US dollar exchange rate using our currency converter at www.ally.ca.  All transfers from or to your Account must be made within Canada and, in the case of a transfer of funds from or to an External Account, such External Account must be held at another Canadian financial institution.  Other financial institutions may have associated fees for incoming and outgoing transfers.

You may cancel or change a scheduled or future-dated online transfer by clicking "Create New Transfer" in the right-hand column of your secure "My Accounts" area. You must cancel the transfer before 12:00 a.m. (midnight) on the day the transfer is scheduled. If you choose not to cancel the transfer through the Online Services, you may either send us a message through Ally Secure Email or write to us at the address below in Section J.

We must receive your email or written request at least three business days before the scheduled transfer date or as otherwise set out in your Account Agreement. If you write or send an email request to cancel a transfer, you may be charged for a stop payment if permitted under your Account Agreement. Refer to your Account Agreement for more information.

Terms and Conditions of Service

A. Online Service charges

There is no fee for the Online Services.

B. Service hours

The Website will be available 24 hours a day, 365 days a year — except during system maintenance and upgrades.

C. Business days

Our business days are Monday through Friday, excluding holidays observed by us.

D. Joint accounts

When you open a joint Account, we may act on the oral, written, or electronic instructions of any authorized signer. When enrolling for Online Services, the primary Account holder will be issued a Username and Password. If a joint Account holder would like to have separate online access, he/she would just need to enrol.

E. Changes to these Terms and Conditions

Subject to compliance with applicable law, we may amend these Terms and Conditions at any time. We could, for example, add, delete, or amend terms or services. Although we will endeavor to provide you with reasonable notice of changes, you remain responsible to inform yourself of the Terms and Conditions then in effect whenever you use the Online Services or any of our other services to manage your accounts. Your use of the Online Services or our other services following any such changes constitutes your acceptance of the revised Terms and Conditions.

F. Cancellation of Online Services

Your Online Services remain in effect until they are terminated by you or us. You may cancel your Online Services at any time by mailing us a letter or using Ally Secure Email.

We may terminate your Online Services at any time, for any reason. We are not obligated to provide advance notification of cancellation.

If you do not comply with these Terms and Conditions or any agreement governing the accounts that you have with us, we have the right to terminate any service including the Online Services.

If fees are imposed in the future, they will be specified and required to be paid under the particular agreement and if required by law, we will notify you in advance.

G. Secure Email

Our Ally Secure Email provides you with a secure way to correspond with us. When you use the Online Ally Secure Email to send messages to the Customer Care department, the content of your message will be transmitted using technology intended to protect your privacy; however, no technology can guaranty your privacy with absolute certainty, and there are risks inherent in submitting your personal information to an online forum. Any information sent through another email system may not be secure and may be observed by third parties in its transmission. If you send us a message by any method other than Ally Secure Email, we will not be responsible for any response made by us should a third party intercept your email. We need a reasonable amount of time to research and reply to your requests, although we will make every effort to respond to your message within 24 hours. Messages sent outside Ally Secure Email may not be held to the same response time.

If you need to contact us immediately, call us at 866-247-ALLY (2559). By submitting a message via Ally Secure Email, you agree that we may respond to you via Ally Secure Email with regard to any matter related to the Online Services or your accounts, including responding to any claim of unauthorized electronic funds transfer that you make. Any such Ally Secure Email we send to you will be considered received by you, regardless of whether or not you sign on to the Online Services.

If for any reason your external email address changes or becomes disabled, please contact us immediately so we can continue to provide you with automated messages.

H. Electronic disclosure

You agree that we may present any document relating to your use of any service in an electronic format, including these Terms and Conditions, any account agreement and any request for additional information. You may withdraw your consent for electronic delivery of this information at any time, but doing so could result in the termination of the services subject to applicable laws. If at any time you would like to withdraw your consent, you should send a message through Ally Secure Email or write to us at the address below in Section J.
You have the right at any time to request that any and all documents related to these Terms and Conditions or the services provided for herein be in writing on paper. If you would like to request a certain piece of documentation in that format, you may either send a request through Ally Secure Email or write to us at the address below in Section J.
For any new accounts, we will have to obtain your consent again.

If your email address changes, please notify us by sending us a secure message through Ally Secure Email.

I. Unauthorized requests for information

None of our employees nor any company affiliated with us will contact you via email or phone requesting your Username or Password. If you are contacted by anyone requesting this information, please contact us immediately at 1-866-247-ALLY (2559).

J. In case of errors or questions about your electronic transactions

If you think we have made an error or if you have any other question about any electronic transaction, send us an online message through Ally Secure Email or write to us at:

Ally Customer Care
P.O. BOX 350, STN. C
TORONTO, ONTARIO  M6J 3N1

We must hear from you no later than 60 days after we send the first statement on which the problem or error appeared. Please include the following information:

• Your name and account number
• Describe the error on the transfer that you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information
• The transaction reference number (if you have it)
• The dollar amount of the suspected error

We will notify you of the results of our investigation and whether an error occurred within 10 business days and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.

If we decide to, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not credit your Account.

We will tell you the results of our investigation within three business days after completing it. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. We will also withdraw funds that were credited to your account.

You agree that if you contact us via Ally Secure Email we may respond to you via Ally Secure Email with regard to any claim of an unauthorized electronic fund transfer. Any such Ally Secure Email sent to you by us will be considered received by you whether or not you sign on to the Online Services.

K. Limitation of liability

Your liability to us for transactions on an account that you have not authorized and our liability to you regarding the operation of any of your accounts is set out in the agreement for the particular account. 

Unauthorized use of the Online Services: Tell us at once if you believe that your online Password has been compromised or if someone has used the Online Services with your login information without your permission.

If you give someone your online Username and Password, whether intentionally, unintentionally or otherwise, you are authorizing that person to use Online Services in your name, and you are responsible for all use of the Online Services by that person.

For your protection, sign off after every Online Services session and close your browser.

• We will not be liable for any losses resulting from circumstances over which we have no direct control, including — but not limited to — the failure of electronic or mechanical equipment or communications lines, telephone, or other interconnect problems, operator errors, log in sequences, war and other acts of hostility, severe weather, earthquakes, floods, or other similar events. You acknowledge that there are alternate methods for accessing the information and processing the transactions provided by the Online Services, as set out in the agreement for the particular account. In the event you should experience problems in accessing the Online Services, you will attempt to access such information and perform such transactions by these alternate methods.
• EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, RELIABILITY, TITLE, NON-INFRINGEMENT, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
• There may be other exceptions stated in these Terms and Conditions and in other agreements with you. In no event will we be liable for damages in excess of your actual loss due to our failure to complete a transfer and we will not be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages.
• The limitations, exclusions, and disclaimers above will apply irrespective of the nature of the cause of action, demand, or claim by you, including, but not limited, to breach of contract, negligence, tort, strict liability, or any other legal theory and will survive a fundamental breach or breaches or the failure of the essential purpose of these Terms and Conditions or any remedy contained herein.

L. Eligibility

In order to enroll for Online Services, you must be a resident of Canada. By submitting your application, you are confirming your eligibility.

M. Governing law

These Terms and Conditions and the Online Services are governed by the laws of the province of Ontario and the federal law of Canada applicable therein, without regard to conflicts of law principles.

N. Amendments and arbitration

EXCEPT AS DETAILED IN THIS SECTION N OR PROHIBITED BY APPLICABLE LAW, ALL CLAIMS (AS DEFINED BELOW) WILL BE RESOLVED BY BINDING ARBITRATION. BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO LITIGATE THE CLAIM IN COURT, PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION OR HAVE A JURY TRIAL FOR CLAIMS THAT ARE SUBJECT TO ARBITRATION.

• AGREEMENT TO ARBITRATION CLAIMS: Except where prohibited by applicable law, any claim, dispute, or controversy (collectively "Claim") between us and you regarding the Online Services or any of our other services used to manage your accounts (except those listed below) will exclusively be resolved by binding arbitration by a single arbitrator in accordance with the Arbitration Act (Ontario) 1991 (as amended), as varied by these Terms and Conditions. The term "Claim" will be given the broadest possible meaning. Unless inconsistent with applicable law each party will pay his/her own attorney, expert and witness fees and expenses.
• CLAIMS EXCLUDED FROM JURISDICTION: Any action for prejudgment injunctive relief or appointment of receiver(s) will not be subject to mandatory arbitration.
• JUDGMENT AND ADDITIONAL TERMS: An arbitration award will be final and may be entered as a judgment in any court having jurisdiction.

This Section N will survive any termination of these Terms and Conditions.  If any portion of this Section N is deemed invalid or unenforceable, such invalidity or unenforceability will not invalidate the remaining portions of Section N or these Terms and Conditions.