RBC Mobex™ Mobile Payment Service

RBC Mobex Mobile Payment Service Agreement

1. What the RBC Mobex Payment Services Agreement covers. This RBC Mobex Mobile Payment Service Agreement, as amended from time-to-time (this "Agreement"), applies when you access or use Mobex Payments. It replaces all prior agreements between you and us for Mobex Payments. It does not replace any other agreement you have with us (now or in the future) for any other product or service, including any consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information (the "Other Agreements"). The Other Agreements still apply to the applicable product or service. This Agreement applies to Mobex Payments, together with any instructions, terms, conditions or disclaimers we may give you while you access or use Mobex Payments (the "Service Terms")
   
   
2. National Pilot Program. Mobex Payments is currently offered as a Pilot. Notwithstanding any other Section of this agreement, this Section will apply during the term of the Pilot:
   1. There are no fees charged for access to Mobex Payments. During the Pilot we will not charge you for any Transactions. We will notify you in advance to tell you of our fees after the Pilot.
   2. We may choose to end the Pilot at any time. We will notify you at least 30 days in advance before we end the Pilot at the email last shown on our records for you.
   3. Once the Pilot has ended, you will not be able to make any Transactions other than to offload funds from your Mobex Account. It is your responsibility to offload funds from your Mobex Account after the Pilot has ended.
   4. We make no representations, warranties or covenants with respect to, and will not be liable to you in connection with, whether Mobex Payments is continued after the Pilot. However, unless you choose to close your Mobex Account and terminate this Agreement, your Mobex Account will be kept open until such time as we decide that the Mobex Payments service will be permanently discontinued.
   5. If we decide to continue Mobex Payments following the completion of the Pilot, we will notify you of the start date and of any fees associated with Mobex Payments. If you use Mobex Payments after such date, you agree and consent to this Agreement and such fees applying to your continued use of Mobex Payments.
   6. The Pilot is being operated on a test basis only and no representations or warranties, express or implied, are being provided with respect to the operation of the Pilot or Mobex Payments.
   7. Despite any other marketing preference you may select pursuant to Section 29, during the term of the Pilot we may use the personal information you have provided to us to communicate with you by email or SMS to inform you of special offers, information and requests to help us learn about how you are using Mobex Payments.
3. Definitions. In this Agreement the following capitalized terms will have the following meanings:
   
   "Business Day" means any day, excluding Saturday, Sunday or a statutory holiday, on which Canadian chartered banks are open for domestic business in Toronto, Ontario;
   
   "Credit Card Account" means a Visa or MasterCard account on which a credit or prepaid card has been issued and which meets our requirements as a Funding Source;
   
   "Electronic Access Device" means a personal computer, telephone, mobile phone, smart phone, personal digital assistant or any other electronic device, including wireless devices, that we allow you to use to access Mobex Payments;
   
   "Funding Source" means a Personal Deposit Account or Credit Card Account you designate from time-to-time as a payment method used to load funds to a Mobex Account;
   
   "Identification Question" means the question and answer that you may be required to choose, and provide answer to when prompted, to help us confirm that you are the party accessing Mobex Payments;
   
   "Minor" means a person who has not reached the age of majority in their province or territory of residence;
   
   "Mobex Message Centre" means our online communication centre located on the Mobex Website. It is where information may be securely communicated between us and you;
   
   "Mobex Website" means a website we have designed so that you may access Mobex Payments online;
   
   "Mobile Phone" means any mobile Electronic Access Device;
   
   "Participant" means any person who has a Mobex Account;
   
   "Password" means a combination of letters and/or numbers you select to identify you. You must provide your Password to access Mobex Payments;
   
   "Payment" means a transfer of funds from one Mobex Account to another, including a transfer of funds to any Merchant;
   
   "Personal Deposit Account" means the personal deposit account you maintain with us or with another deposit taking financial institution in Canada and which meets our requirements as a Funding Source;
   
   "PIN" means the confidential personal identification number you select to identify yourself and to confirm Transactions through Mobex Payments;
   
   "RBC Companies" means any of our subsidiaries or affiliates;
   
   "SMS" means a text message sent from one Mobile Phone to another Mobile Phone on the Short Message Service platform;
   
   "Third Party" means any party other than you, us or a party when acting as a Third Party Service Provider;
   
   "Third Party Service Provider" means a party retained by us to act on our behalf to provide, or to assist us in providing Mobex Payments; and
   
   "Transaction" means any loading of funds from a Funding Source to a Mobex Account, any offloading of funds from a Mobex Account to a Personal Deposit Account, and any Payment.
   
   The words "you" and "your" mean the person who is enrolled to access Mobex Payments and "we", "us" and "our" mean Royal Bank of Canada.
   
   The word "including" followed by a list means that the listed items are just examples of what we are referring to, but there may also be other examples that we have not listed.
   
   
4. Changes to this Agreement. Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, by using Mobex Payments after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, by using Mobex Payments after the date of the notice, you agree and consent to the change.
   
   
5. Changes to Mobex Payments. You understand that we may add, remove or change any part or feature of Mobex Payments, without giving you notice. This Agreement applies to Mobex Payments (or parts or features thereof) added or changed by us.
   
   
6. Notice. Any notice may be (i) sent to you in Mobex Payments through the Mobex Message Centre, (ii) sent to your email or mailing address last shown on our records, (iii) sent by SMS to the Mobile Phone number connected to your Mobex Account, (iv) communicated by calling you; or (v) sent in such other manner in which you and we agree.
   
   
7. Eligibility. To be eligible to establish a Mobex Account to access and use Mobex Payments, you must have a Personal Deposit Account, have a Mobile Phone capable of sending and receiving an SMS, and be a resident of Canada. You may open more than one Mobex Account provided that each Mobex Account is connected to a unique Mobile Phone number. We may establish other eligibility criteria and enrolment requirements from time-to-time.
   
   
8. Opening a Mobex Account for Use by Minor. If you are not a Minor, you may establish a Mobex Account in your name for use by a Minor by designating the Minor's Mobile Phone number as the number connected to the Mobex Account you open for this purpose. Any such person will have the same ability to access or use Mobex Payments as you have. However, you and not that person are fully responsible to us for all activity on the Mobex Account, even when this person is no longer a Minor. If any such person is responsible to you for any of these amounts you will need to make your own arrangements with that person for repayment.
   
   It is your responsibility to ensure that any Minor you designate pursuant to this Section receives a copy of this Agreement and any replacements or amendments to this Agreement, as well as any notices that affect the use of your Mobex Account.
   
   
9. Use/Instructions. You must use your Password to make any Transaction on the Mobex Website. You may also be required to answer your Identification Questions. You must enter your PIN to make any Transaction on a Mobile Phone. However, we may waive this requirement for certain Transactions, such as Payments for amounts below a threshold we may set from time-to-time. Once you access Mobex Payments, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you. Any instruction will have the same legal effect as if it was a written instruction and signed by you. Subject to Section 33 (Mobex Payments Guarantee), after an instruction is given to us via Mobex Payments by, or purported to be given by, you: (i) it is final, (ii) it will be considered duly authorized and binding on you, (iii) it will be enforceable against you, and (iv) we will have no obligation to reverse it.
   
   
10. Your Mobex Account. We will open an RBC Mobex stored value account ("Mobex Account") in your name when you register for the service. Your Mobex Account is not a deposit account and we will not pay you any interest on any balance you may transfer to, from or maintain in your Mobex Account from time-to-time. You may load funds to your Mobex Account from any Funding Source you designate, transfer funds from your Mobex Account to that of any other Participant, receive funds from any other Participant, or offload funds from your Mobex Account to the Personal Deposit Account associated with your Mobex Account.
    
    
11. Activating Your Mobex Account. Before you can use the full functionality of Mobex Payments, you must activate your Mobex Account in order to authenticate your identity. For example, you will be able to receive Payments or view your Transaction history, but if a Payment is sent to your Mobex Account before it has been activated, it will be returned to the sender unless your Mobex Account is activated within 30 days of registration. If you change the Personal Deposit Account associated with your Mobex Account, your Mobex Account will need to be reactivated before you can continue using the full functionality of Mobex Payments. We will provide you with instructions on how activations occur.
    
    
12. Changing Mobile Phones. If you change your Mobile Phone number, you must notify us by calling us toll-free at 1 (800) 769-2555 during regular business hours. If you do not do so, we will be unable to correctly process any Transactions on your behalf. It is your responsibility to ensure that any parties you transact with are aware of your new Mobile Phone number and to call us if a Transaction you are expecting does not appear in your Transaction information on the Mobex Website. For example, we will not be responsible if a Payment is not processed because it is sent to your old Mobile Phone number.
    
    
13. Funding Source - Personal Deposit Account. When you use a Personal Deposit Account as a Funding Source, you are requesting an electronic funds transfer from your Personal Deposit Account to load to your Mobex Account. We will make the electronic funds transfer from your financial institution in the amount you specify in accordance with the rules of the Canadian Payment Association. You agree that such requests constitute your authorization to us to initiate the transfers, and once you have given us that authorization, you will not be able to cancel the electronic funds transfer. Transfers are not completed right away. It takes from approximately 5 Business Days before the funds will be available for you to access from your Mobex Account.
    
    
14. Funding Source - Credit Card. When you use a Credit Card Account as a Funding Source, the funds are available for you to access from your Mobex Account as soon as your credit card issuer has authorized the Transaction.
    
    
15. Making a Transaction. You can only make a Transaction either (i) through the Mobex Website or (ii) by sending us an SMS using a set of commands that we will provide you from time-to-time. You may send a Payment to, or request a Payment from, any person (i) who has a valid SMS-enabled Mobile Phone, or (ii) is a Participant. If you make a Payment to, or request a Payment from, non-Participants through Mobex Payments, they will be notified via SMS that a Payment request has been made and be prompted to create a Mobex Account. Non-Participants cannot access funds sent to them until they create and activate a Mobex Account.
    
    
16. Payments to Merchants. We may make special arrangements with designated merchants (each a "Merchant") that we select from time-to-time to help facilitate the fulfillment of your purchase of goods or services through Mobex Payments. A list of Merchants will be made available to you from time-to-time. By making a Payment to any Merchant for this purpose, you agree and authorize us and the Merchant to share your information including details of the order, your contact information (such as your name, Mobile Phone number, home telephone number, mailing address or email address) and such other personal information necessary to enable us or the Merchant to fulfil your request. Merchants may also use such personal information to communicate with you to confirm your request.
    
    
17. Taxes. It is your responsibility to determine what, if any, taxes apply to Payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Transaction, or for collecting, reporting or remitting any taxes arising from any Transaction.
    
    
18. Your Responsibility for Payments. You decide if you want to make or request a Payment. We do not guarantee the identity of any Participant or Merchant, and we are not responsible for any disputes you have with such Participant or Merchant, including if that Participant or Merchant (i) does not credit you for a Payment for whatever reason, (ii) charges you fees or penalties, or (iii) does not supply goods or services purchased or the goods or services are not suitable. You agree to settle your dispute directly with that Participant or Merchant.
    
    You must make sure that all information we need to complete any Payment instruction is accurate. We may without notice update such payee information if that Participant or Merchant tells us of a change or if we believe it necessary. We may without notice decline or refuse to act on an instruction given or purported to be given by you, including if we believe that you or the recipient of any Payment is engaging in fraudulent, unlawful or improper activity, or that an error or mistake has occurred.
    
    
19. Payments are Final. You acknowledge that after an instruction to make a Payment is given to us by you, or purported to be given by you, funds will be withdrawn immediately from the Mobex Account you designate. Your instruction is final and we have no obligation to reverse it. If you initiate a Payment to a non-Participant or to a Mobex Account that has not been activated, and that Payment is not claimed within 30 days, we will redeposit the value of such Payment into the Mobex Account from which the funds originated. You will not be able to cancel your Payment instruction, nor will you be able to initiate any other Payments with those funds, until the funds have been redeposited into your Mobex Account.
    
    
20. Insufficient Funds. If there are insufficient funds in a Mobex Account for any Payment, we will transfer funds from your Credit Card Account, if any, provided we have first obtained your consent to do so. Otherwise, we will not act on your Payment instruction.
    
    
21. Fees. There are no fees charged for access to Mobex Payments. During the Pilot we will not charge you for any Transactions. We will notify you in advance to tell you of our fees after the Pilot.
    
    There may be other fees associated with transfers of funds to or from your Funding Source accounts. Third Parties may charge additional fees, including fees to a carrier for access to a mobile Electronic Access Device, fees to either send or receive an SMS, and fees charged by the financial institution that maintains your Personal Deposit Account or Credit Card Account.
    
    
22. Mobex Website. The Mobex Website and the Mobex Message Centre is where we provide you with important information about Mobex Payments and your Mobex Account, including notices, legal and privacy terms, links, statements, and complete Transaction information. You understand that a Mobile Phone may not allow you to view all features, functionality, content or information in Mobex Payments, and you agree to access the Mobex Website and the Mobex Message Centre on a regular basis using an Electronic Access Device that does not have such limitations.
    
    
23. Rectifying Errors. You must regularly examine all Transaction information on the Mobex Website. You will notify us of any errors in the Mobex Account Transaction information by calling us toll-free at 1 (800) 769-2555 during regular business hours within 45 days from the date of the Transaction. If you do not notify us as required, you will have accepted the Mobex Account Transaction information as complete, correct and binding on you and we will be released from all claims by you in respect of the Mobex Account Transaction information, including any Transaction and balance errors. We may adjust the balance in your Mobex Account to correct amounts credited or debited to your Mobex Account in error.
    
    
24. Optional SMS. You may choose to send an optional SMS to the recipient of a Payment. We will not examine nor act upon any message or instruction included in this SMS, and we assume no responsibility for the contents of this SMS. You agree not to address any communication to us using this optional SMS.
    
    
25. Prohibitions on Use. You will not (i) access or use Mobex Payments, including sending any SMS through Mobex Payments, for an illegal, fraudulent, malicious or defamatory purpose, or (ii) take steps or actions, including sending any SMS through Mobex Payments, that could or do undermine the security, connectivity, integrity, effectiveness, reputation or goodwill of Mobex Payments or RBC Companies (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person). We reserve the right to decline to process any Transaction. We also reserve the right to prevent your Mobex Account from being used for certain types of Transactions as determined by us, including Transactions connected to Internet gambling.
    
    
26. Setting Limits. We can set one or more access limits (for example, dollar limits on the amount you can transfer on any day or limits on how many Payments you can make on any day) for Mobex Payments. Your initial limits will be provided to you when you register for Mobex Payments. We can change these access limits at any time without notice to you.
    
    
27. Password and PIN Security.
    
    
    8. You must always keep your Password, PIN and Identification Questions strictly confidential. You must not disclose your Password, PIN or Identification Question to anyone. You agree not to keep a written record of your Password, PIN or Identification Question near your Mobile Phone or other Electronic Access Device. If you know or think that someone may know your Password, PIN or Identification Question, you must tell us immediately and you must change your Password, PIN or Identification Question, as applicable, immediately.
       
       
    9. Your Password, PIN and Identification Question must be unique and not easily guessed or obtained by others, including not using the birth date or name of yourself or a family member, your telephone number, social insurance number, or sequential numbers such as "1234". You must not select a Password that is the same as your PIN or any other personal identification number you use with a client card or credit card issued to you.
       
       
    10. For Mobex Payments, the security of your information depends on you using safe practices. You agree that when conducting Transactions through Mobex Payments, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through Mobex Payments for the purpose of the Transaction. This includes making sure that other people cannot see your computer screen or key pad on your Electronic Access Device.
        
        In addition:
        
        
        1. There are sections on the Mobex Website about Mobex Payments security and what you need to do. You must read these sections regularly;
        2. You must logout and close your browser after using the Mobex Website to prevent anyone else from accessing your Mobex Website session; and
        3. You agree to implement and maintain safe computing practices which include, at least, the following security measures if such security measures are available for your Electronic Access Device:
           • up-to-date virus scanning software, and
           • a firewall system.
    11. You will notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in your Mobex Account.
        
        
    12. You agree to comply with any additional security requirements that we may require in connection with Mobex Payments.
        
        
28. Collection and use of personal information
    
    
    1. Collecting your personal information. We may from time-to-time collect financial and other information about you such as:
       1. information establishing your identity (for example, name, address, phone number, date of birth, etc.) and your personal background;
       2. information related to transactions arising from your relationship with and through us, and from other financial institutions;
       3. information you provide on an application for any of our products and services;
       4. information for the provision of products and services; and
       5. information about financial behaviour such as your payment history and credit worthiness.
       We may collect and confirm this information during the course of our relationship. We may obtain this information from a variety of sources, including from you, from credit reporting agencies and financial institutions, and from other sources, as is necessary for the provision of our products and services.
       
       
    2. Using your personal information. This information may be used from time-to-time for the following purposes:
       1. to verify your identity and investigate your personal background;
       2. to open and operate your Mobex Account and provide you with products and services you may request;
       3. to better understand your financial situation;
       4. to determine your eligibility for products and services we offer;
       5. to help us better understand the current and future needs of our clients;
       6. to communicate to you any benefit, feature and other information about products and services you have with us;
       7. to help us better manage our business and your relationship with us; and
       8. as required or permitted by law.
       For these purposes, we may: (i) make this information available to our employees, our agents and Third Party Service Providers, who are required to maintain the confidentiality of this information; and (ii) share this information with other financial institutions.
       
       In the event our Third Party Service Provider is located outside of Canada, the service provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which that service provider is located.
       
       Upon your request, we may give this information to other persons.
       
       We may also use this information and share it with RBC Companies (i) to manage our risks and operations and those of RBC Companies and (ii) to comply with valid requests for information about you from regulators, government agencies, public bodies or other entities who have a right to issue such requests.
       
       
    3. Your right to access your personal information. You may obtain access to the information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to your information you may call us toll free at 1 (800) 769-2555.
       
       
    4. Our privacy policies. You may obtain more information about our privacy policies by calling us at 1 (800) 769-2511 or by visiting our website at www.rbc.com/privacy
       
       
29. Marketing preferences. The Marketing Preferences registered with Mobex Payments are separate and distinct from any consent, authorization or preference you have given or may give to us or to RBC Companies regarding the collection, use and disclosure of your personal information. The Marketing Preferences registered with Mobex Payments will not be communicated to RBC Companies, nor will they apply to any other relationship you may have with us.
    
    
    1. We may use this information to promote our products and services, and promote products and services of third parties we select, which may be of interest to you. We may communicate with you through various channels, including telephone, computer or mail, using the contact information you have provided;
    2. We may also, where not prohibited by law, share this information with RBC Companies for the purpose of referring you to them or promoting to you products and services which may be of interest to you. We and the RBC Companies may communicate with you through various channels, including telephone, computer or mail, using the contact information you have provided. You acknowledge that as a result of such sharing they may advise us of those products or services provided; and
    3. If you also deal with RBC Companies, we may, where not prohibited by law, consolidate this information with information they have about you to allow us and any of them to manage your relationship with the RBC Companies and our business.
    You understand that we and RBC Companies are separate, affiliated corporations. RBC Companies include companies engaged in the business of providing any one or more of the following services to the public: deposits, loans and other personal financial services; credit, charge and payment card services; trust and custodial services; securities and brokerage services; and insurance services.
    
    You may choose not to have this information shared or used for any of these "Marketing preferences" by registering on the "My Profile" page which is accessible from the Mobex Website. In this event, you will not be refused other services just for this reason.
    
    
30. Third Parties. You understand and agree that:
    
    
    1. we may use Third Party Service Providers to provide or to help us provide Mobex Payments; and
    2. other than our subsidiaries or affiliates, we do not sponsor or endorse nor are we affiliated or associated with any Third Party.
31. Liabilities - General. Subject to Section 33 (Liabilities for Unauthorized Transactions) and our negligence as set out below, we will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by you with respect to:
    
    
    1. this Agreement or Mobex Payments, or
    2. any instructions given to, by or purported to be given by you in connection with Mobex Payments.
    We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (to be determined in light of reasonable commercial standards).
    
    In no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by:
    
    
    1. the actions of, or any failure to act by, a Third Party (and no such Third Party will be considered to be acting as our agent);
    2. mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data or information given by you to us or to any Third Party Service Provider (including your failure to update such information); and (ii) any data or information given by any Third Party;
    3. any delay, error, interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control (including any system malfunctions or technical failures);
    4. any delay or inability to access or use Mobex Payments (including any charges such as late fees or additional interest you may have to pay to a Participant); or
    5. your failure to fulfill any of your obligations under this Agreement including those in Section 27 (Security) or to comply with any instructions we may provide to you from time-to-time in connection with Mobex Payments.
32. Release/Indemnities. Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us for any claim, cost and liability we may incur as a result of (i) your access to or use of Mobex Payments, or (ii) your breach of the terms and conditions of this Agreement, including Section 25 (Prohibitions on Use).
    
    
33. Liabilities for Unauthorized Transactions - Mobex Payments Guarantee
    
    
    1. What does this section apply to - Notwithstanding Section 31 (Liabilities - General) or any other section of this Agreement, this section governs our liability for Unauthorized Transactions (as defined below) on your Mobex Accounts using Mobex Payments.
    2. What is our responsibility - Subject to Section 33(c), we will reimburse you for monetary losses to your Mobex Account resulting directly from any of the following unauthorized transactions on your Mobex Account using Mobex Payments (collectively, "Unauthorized Transactions"):
       1. Transactions that occur after you notify us immediately as required in Section 27 (Security) of this Agreement that you know or think that your Password, PIN or Identification Question may have become known by someone or has been disclosed to anyone, or that you noticed unusual, suspicious or fraudulent activity on your Mobex Account;
       2. Transactions where it can be shown that you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation, so long as you report the incident to us immediately and cooperate and assist us fully in any investigation; and
       3. Transactions resulting from negligent conduct by us, our employees or Third Party Service Providers.
       This means that a Transaction is not an Unauthorized Transaction if you engage in any of the actions listed in Section 33(c) below.
       
       However, we will not, under any circumstances (even if we are negligent), be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.
       
       
    3. What is your responsibility - We are not responsible for and we will not reimburse you for losses to your Mobex Account if:
       1. you do not comply with any of your obligations under this Agreement including those in Section 27 (Security) or you do not comply with any instructions we may provide to you in connection with Mobex Payments;
       2. you engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to Mobex Payments;
       3. you access Mobex Payments via an Electronic Access Device that you know or reasonably ought to know contains software that has the ability to reveal to anyone, or to otherwise compromise, your Password, PIN or Identification Question;
       4. you carry out a Transaction, including if the Transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us;
       5. you consent to, contribute to or authorize a Transaction in any way.
       This means that if you make your Password, PIN or Identification Question available to someone and they conduct a Transaction, that Transaction will not be an Unauthorized Transaction.
       
       
34. How to contact us. If you need help or have questions about Mobex Payments or your Mobex Account, please call us toll-free at 1 (800) 769-2555 during regular business hours.
    
    
35. If you have a complaint about Mobex Payments. All banks must comply with a variety of federal consumer laws that protect you. If you have a complaint about a potential violation of federal consumer protection laws, please contact us or you may contact the Financial Consumer Agency of Canada at:
    
    

    Financial Consumer Agency of Canada
    6th Floor, Enterprise Building
    427 Laurier Avenue West
    Ottawa, Ontario K1R 1B9

    Telephone: 1 (866) 461-3222 for service in English
    1 (866) 461-2232 for service in French
    Facsimile: 1 (866) 814-2224
    E-mail Address: info@fcac-acfc.gc.ca

    The FCAC will determine whether we are in compliance. It will not, however, resolve individual consumer complaints that you may have.
    
    
36. Suspension/Termination.
    
    By Us: We can terminate (either all or part of) this Agreement or suspend or terminate your Mobex Account or your access to Mobex Payments immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result from such suspension or termination.
    
    By You: You may terminate this Agreement and your Mobex Account by giving us notice of termination by telephone at 1 (800) 769 2555. We will suspend your Mobex Account until all of your Transactions have been processed, after which we will terminate this Agreement and your Mobex Account.
    
    If this Agreement (or any part of it) is terminated or your access to Mobex Payments is suspended or terminated by us, you must do everything you are required to do under this Agreement. Upon termination of this Agreement or your Mobex Account, we will send a cheque for any outstanding balance in your Mobex Account to the last mailing address that you provided to us.
    
    
37. Records. Our records, including electronic records, and those of RBC Companies or any Third Party Service Providers (whether used by RBC Companies or by us), regarding a Mobex Account or Mobex Payments, including the retrieval, consolidation, organization and presentment of information, and records for each instruction, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.
    
    
38. Severability. If any provision of this Agreement is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of this Agreement.
    
    
39. Governing Law. This Agreement will be exclusively governed by the laws of the Province or Territory in which you live. If you live outside of Canada, this Agreement will be exclusively governed by the laws of the Province of Ontario. You and we agree that the courts of the Province or Territory specified above shall have jurisdiction over each us for the determination of any matters arising out of this Agreement.
    
    
40. Language. You and we have expressly requested that this Agreement and all related documents, including notices, be drawn up in the English language. Vous et nous avons expressément demandé que ce contrat et tout document y afférent, y compris tout avis, soient rédigés en langue anglaise. (Quebec only / Québec seulement).
    
    
41. Conflict. If there is a conflict between a term in this Agreement and in any Other Agreement or between this Agreement and the Service Terms, the Other Agreement and the Service Terms, as applicable, will apply to the extent necessary to resolve the conflict.