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You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with TD Bank, N.A. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of TD Bank N.A. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with TD Bank N.A.
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Our commitment to each customer experience starts with making banking accessible to every customer. We are committed to meeting our customers' needs. For more information on accessibility, please visit https://www.tdbank.com/aboutus/accessibility.html
Links to Other Web Sites and Services
Our online services may contain links to third-party websites and other online services, which are not governed by this Code. We encourage you to learn about the privacy and security practices of those third parties. We are not responsible for the privacy or security of such websites and other online services, nor the online collection, use or sharing of personal or other information by third parties.
TD Bank N.A. does not promise that the site or any content, document or feature of the site will be error-free or uninterrupted, or that any defects will be corrected or that your use of the site will provide specific results. The material in this site could include technical inaccuracies or typographical errors. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. TD Bank N.A. cannot ensure that any files, documents or other data you download from the site will be free of viruses or contamination or destructive features. TD Bank N.A. disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. TD Bank N.A. disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against TD Bank N.A. for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
Limitation of Liability
Except where prohibited by law, neither TD Bank N.A., nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TD Bank N.A. has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, TD Bank N.A’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
This Site is intended solely for users who are eighteen (18) years of age or older. By using the Site, you represent and warrant that you are 18 or older.
Law and Venue
Online Banking Service Agreement For Personal Account Customers
This Online Banking Service Agreement (the "Agreement") governs the terms and conditions of your use of the Bank's Online Banking Service, a home financial services program, provided to customers of TD Bank.
In this Agreement, the following definitions apply:
The words "you" and "your" mean an Online Banking customer and the words "we," "us," "our", "TD Bank" and the "Bank" mean TD Bank, N.A. The words "Loan Account" mean your Personal Installment Loan and any other Loan Account you may have with us that was established primarily for personal, family or household purposes. In this Agreement we refer to "eligible" Loan Accounts. Eligible Loan Accounts are accounts that you will have access to through the Bank's Online Banking Service. Therefore, in this Agreement, the use of the term "eligible" shall also mean that only certain Loan Accounts may be used for the transaction described. The words "Electronic Funds Transfer" (or "EFT") are used as defined in the Electronic Funds Transfer Act to mean a transfer of funds initiated by a computer to or from a demand deposit (checking), savings, or other consumer asset account. The words "user name" means an alphanumeric code that you select when applying for the Bank's Online Banking Service. Your Loan Account and use of the Bank's Online Banking Service are also governed by the Loan Disclosures, Promissory Note, and Loan Agreement, as they may be amended from time to time (collectively referred to herein as the "Account Agreement(s)"). Any terms that are not defined in this Agreement have the same meaning as in the Account Agreement(s).
You can use your user name, password, or other Bank issued access credentials, along with a personal computer or other Internet-enabled system or access device, to perform certain transactions described below.
You should never provide your user name, password, or other access credentials to a third party. If you do so, you are authorizing that party to conduct transactions on your Loan Account. Therefore, you are responsible for any transactions, including transfers to Loan Accounts, resulting from you furnishing your user name, password and other access credentials to a third party. The Bank will not be liable and will not reimburse you for any losses that may occur as a result of this authorized use of your user name, password and other access credentials.
(b) You Agree
By using the Bank's Online Banking Service, you agree to the terms and conditions in this Agreement, and (after their effective date) any changes in such terms and conditions shall apply to the use of Online Banking by you and any others whom you have permitted to use your user name, password, or other access credentials to access the Bank's Online Banking Service. If you do not agree with these terms and conditions, you may not use the Bank's Online Banking Service. By using the Bank's Online Banking Service, you consent to the electronic transmission of personal financial information. Your consent will be deemed effective for as long as you use the Bank's Online Banking Service.
(c) Access Requirements
In order to use the Bank's Online Banking Service, you will need: (1) a personal computer (PC) or other Internet-enabled system, and any software and required equipment that can support the Internet browser described on our Browser Requirements page (hereinafter referred to as a "Computer"), or (2) a mobile Internet-enabled access device, and any software and required equipment that can support the Internet browser described in the Hardware and Software section the Electronic Communications Agreement (hereinafter referred to as a "Mobile Device"). You are responsible for the installation, maintenance and operation of your Computer or Mobile Device and all related charges. You are responsible for installing and maintaining appropriate virus protection on your Computer or Mobile Device. We are not responsible for any errors or failures caused by any malfunction of your Computer or Mobile Device, or your use of the Bank's Online Banking Service. We are not responsible for any viruses, spyware, malware, worms or related problems that may be associated with your Computer or Mobile Device. We are also not responsible for any losses or delays in transmission of information that you provide to us or otherwise arising out of or incurred in connection with the use of any Internet or other service provider providing your connection to the Internet or any browser software. You are also responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service providing connection to the Internet.
(d) New Accounts
Eligible new Loan Accounts that you open with the Bank after your initial enrollment in Online Banking may be enabled in Online Banking.
You must be an owner of a Loan Account in order to access the account through the Bank's Online Banking Service. Each owner of a Loan Account is authorized to access all of the funds made available through Loan Account. We are entitled to act on transaction instructions received using your user name, password and enhanced log-in security information, and you agree that the use of your user name, password and enhanced log-in security information will have the same effect as your signature authorizing the transaction. We reserve the right to deny Online Banking transactions if one of the following exceptions exists:
(1) If the Bank's Online Banking Service, your Computer or Mobile Device was not working properly.
(2) If circumstances beyond our control prevent us from making a transfer or payment, despite reasonable precautions that we have taken (such circumstances include telecommunication outages or interruptions, postal strikes, delays caused by payees, fires, and floods).
(3) If the money in your Loan Account(s) is subject to legal process or other encumbrance restricting the transfer.
(4) If you do not give proper, complete or correct instructions for the transfer or you do not follow the procedures in this or any other agreement with us for requesting a transfer.
(5) If your user name and/or password have been reported lost or stolen, or we have canceled or disabled your user name and/or password or the Bank's Online Banking Service.
(6) If we have reason to believe that you or someone else is using the Bank's Online Banking Service for fraudulent or illegal purposes.
(f) Our Liability If We Fail To Make Certain Transfers
The following applies to EFTs only. If one of the exceptions stated under paragraph (e) above does not exist and we fail to complete an EFT to or from your Loan Account on time or in the correct amount as set forth in Section (g) below, we will be liable only for your actual losses.
(g) Online Transactions
Online Banking allows you to perform the following functions:
(1) you can send and receive electronic mail (e-mail) to/from us;
(2) you can get up to 360 Calendar Days of information on Loan Accounts; and
(3) perform any of the other banking services currently offered or to be offered in the future. These features of Online Banking are limited to the extent, and subject to the terms, noted below:
1. Account Information - The Loan Account information that you access via the Bank's Online Banking Service will generally be current as of the Business Day (as defined below) you obtain the information, unless another time is specified.
2. Stop Payments of Pre-authorized Transfers - Preauthorized transfers from/to your Account(s) can be discontinued by calling Avant, as servicer of TD Bank, at or by writing to:
TD Bank c/o Avant
222 N. LaSalle St., Suite 1700, Chicago IL 60601
Stopping payment on pre-authorized transfers is governed by the provisions detailed in your Account Agreement(s).
3. Liability for Failure to Stop Payment of Pre-authorized Transfer - If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, our liability for your losses or damages shall be as described in the Account Agreement(s).
(h) Online Payments
(1) General Terms.
You may make one-time or recurring payments from an eligible Account to your enrolled Loan Account ("Online Payments"). When you send instructions to us to make payments, you agree to the terms of this Agreement.
You understand that an Online Payment may be an Electronic Funds Transfer ("EFT"). You agree that you will not use Online Payments for International Automated Clearing House (ACH) transactions, which are prohibited under this Agreement. All of your payments made through Online Payments will appear on your online customer dashboard. Certain payments may be subject to terms and conditions in agreements separate from this Agreement that apply to such other services.
You agree to be bound by and comply with other written requirements that we may furnish to you in connection with your use of Online Payments, including without limitation, notice provided to you at the time of your payment authorization, your Bank Account agreement, any other Account agreement(s) and other terms and conditions governing your Accounts.
We reserve the right to limit eligibility for Online Payments to certain types of Accounts and to change such eligibility from time to time.
(2) Cutoff Times.
Unless otherwise provided to you at the time of your payment authorization, Online Payments will be effective in accordance with the cutoff time of 6:30 PM ET in order to process a payment for the next business day.
For payments made through the Service, all cutoff times are based upon the times displayed on our internal system clocks. Our internal systems clocks may not be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any authorization to us sufficiently in advance of such cutoff times to eliminate the possibility of missing the cutoff.
(3) Your Payment Account.
To use Online Payments, you must designate an Account from which you authorize us to debit funds (the "Payment Account") and to transfer such funds to your Loan Account as a payment.
You authorize us to debit or charge your designated Payment Account for all transfers of funds that you initiate. You agree to have sufficient funds or available credit in your Payment Account on the payment date for each payment you schedule. If there are insufficient available funds (or available credit) to cover a payment or our request to debit funds is otherwise rejected by the provider of your Payment Account for any reason, we may at our discretion attempt to process the transfer and payment again up to two times within 30 days of the installment due date.
If we process a payment in accordance with your instructions and this Agreement and it overdraws your Payment Account, we are not responsible for any fee or charge you incur from any third party. We are not responsible for any payment request if there isn't enough money in the designated Payment Account. You may also be subject to an insufficient funds fee or other charge in accordance with your Bank Account agreement.
(4) Payment Instructions.
We will process payments in accordance with this Agreement and the instructions you provide to us through the Online Payments service. We may specify reasonable requirements for such instructions.
You acknowledge that the transactions to your Accounts must comply with U.S. law. Additionally, payment instructions and the transmission and issuance of data related to such instructions shall, as applicable, be subject to the terms of this Agreement, the rules of the National Automated Clearing House Association ("NACHA"), the rules of the applicable automated clearing house ("Regional ACH"), and the rules of the applicable payment card association(s) (collectively, the "Processing Rules"). You and we agree to be bound by such Rules as in effect from time to time.
In accordance with such Processing Rules, any credit to your Bank Account may be provisional until such credit has been fully settled by us. You acknowledge that you have received notice of this requirement and of the fact that if we do not receive final settlement for a transfer for any reason, Bank may charge back the amount of such transfer and debit your Bank Account in the amount of the provisional credit.
We reserve the right to not process a payment request if one of the following exceptions exists:
a) If, through no fault of ours, you do not have enough money in your Payment Account(s) or Bank Account(s) to make the payment.
b) If the payment would cause you to go over the limit on any Account.
c) If the Online Banking Service, your computer or mobile Device was not working properly.
d) If circumstances beyond our control prevent us from processing a payment, despite reasonable precautions that we have taken (such circumstances include telecommunication outages or interruptions, postal strikes, delays caused by payees, fires, and floods).
e) If the money in your Payment Account or Bank Account is subject to legal process or other encumbrance restricting the payment.
f) If you do not give proper, complete or correct instructions for the payment, or you do not follow the procedures in this or any other agreement with us for requesting a payment.
g) If your user Access Credentials have been reported lost or stolen, or we have canceled or disabled your Access Credentials or the Online Banking Service.
h) If we have reason to believe that you or someone else is using your Loan Account for fraudulent or illegal purposes.
i) If a payment request consisted of money deposited in a form or by a method whereby the money is not yet available for withdrawal.
There may be other exceptions stated in our Account Agreement(s) with you.
YOU AGREE THAT YOU HAVE THE MEANS TO PRINT OR SAVE A COPY OF YOUR PAYMENT AUTHORIZATION WHEN YOU COMPLETE A PAYMENT AUTHORIZATION.
(5) Preauthorized Payments.
You may use Online Payments to authorize an electronic payment to be made on a future date on a one-time basis (a "Preauthorized" or "On this Date" Payment). If the scheduled future date falls on a weekend or holiday, the effective date of the payment will still be the date of the scheduled payment, but you understand and agree that the payment may be executed on the next business day.
(6) Automatic Payments.
You may use Online Payments to authorize electronic payments to be made on regularly recurring future dates on an automatic basis ("Automatic" or "Monthly" Payments). If the scheduled future date falls on a weekend or holiday, the effective date of the payment will still be the date of the scheduled payment, but you understand and agree that the payment may be executed on the next business day.
We may impose restrictions on Automatic Payments, including but not limited to, limitation of:
- Eligible Accounts;
- Available payment dates (for example, we may only allow such payments to be set up for the Bank Account payment due date);
- Amount of payment (for example, we may require such payments always be at least equal to the minimum payment due), or;
- Other restrictions we provide to you.
(7) Timing of Debits from Payment Account.
Funds may be withdrawn from your Payment Account as soon as the scheduled payment date(s) specified in your instructions. For Preauthorized Payments, that is the date specified. For Automatic Payments, that is as soon as the installment date in your payment schedule. Your Payment Account may not be debited for up to 3 business days after the scheduled payment date(s) depending on your Payment Account provider's processing times.
(8) Canceling Preauthorized and Automatic Payments.
Preauthorized and Automatic Payment instructions remain in effect unless you cancel the authorization. If you wish to cancel a Preauthorized or Automatic Payment, you can cancel your transaction by notifying us at least 3 business days before the scheduled date of the payment. You may notify us by timely cancelling the payment through the Online Payments service, by calling 1-877-300-4030, or by writing to TD Bank c/o Avant, 222 N. LaSalle St., Suite 1700, Chicago IL 60601.
(9) Limited Liability for Payment Request Errors.
If an exception under this Agreement, your Account agreement(s) or applicable law does not exist and we fail to complete a transfer from your Payment Account to your Bank Account on time, in the correct amount, or otherwise in accordance with your proper instructions, any liability attributable to us shall be limited to your actual losses.
Normal Internet e-mail transmissions may not be secure you agree that if you send an email to us we cannot guarantee that it was transmitted securely. We respond to e-mail from you within 24 business hours.
(j) Customer's Responsibility
You are responsible for all transfers, payments and other transactions you authorize using the Bank's Online Banking Service. If you permit other persons to use your user name and password to access the Bank's Online Banking Service, you are responsible for any resulting transactions from your linked Deposit Accounts and/or Loan Accounts. We will not be liable for and will not reimburse you for any losses that may occur as a result of use of your user name, password, and enhanced log-in security answers by persons you have authorized. You are responsible for keeping your user name, password and account data confidential at all times.
(k) Limit of Our and Other Provider's Responsibilities
We agree to make reasonable efforts to ensure the full performance of the Bank's Online Banking Service. We will be responsible for acting only on those instructions which are actually received and cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. We are not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet service provider, your connection to the Internet, your Computer or Mobile Device, or caused by any browser software.
Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. Our liability is further limited as set forth in your Account Agreement(s). In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the maximum extent permitted by applicable law. We are not responsible for any indirect, special, incidental or consequential damages arising in any way out of your use of the Bank's Online Banking Service. We make no express or implied warranties concerning the Bank's Online Banking Service, including but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement of a third party's proprietary rights unless disclaiming such warranties is prohibited by applicable law. The Bank's Online Banking Service gives you access to services and information which may be presented with a distinctive "look and feel." These services, information and "look and feel" are our proprietary property. You may not reproduce, sell or distribute all or any portion of the Bank's Online Banking Service.
(l) Business Days
Our Business Days are every day, except Saturdays, Sundays, and federal holidays as defined in your Account Agreement(s). You can use your Computer or other Internet access device to access the Bank's Online Banking Service 24 hours a day, 7 days a week, except during any special or scheduled maintenance periods.
(m) Disclosures of Account Information to Third Parties
In order that your privacy may be protected, we will not disclose any information about you or your Loan Account to any person, organization, or agency as described in the TD Bank Privacy Notice: https://www.tdbank.com/exc/pdf/privacy_shareinformation.pdf
You will not be charged for use of the Bank's Online Banking Services. You are also responsible for all telephone, mobile remote access and other similar charges incurred in connecting to the Bank's Online Banking Service and for charges by any Internet service provider providing connection to the Internet.
(o) Ending the Bank's Online Banking Service Agreement
You may end your rights to use the Bank's Online Banking Service by notifying us in writing at TD Bank c/o Avant, 222 N. LaSalle St., Suite 1700, Chicago IL 60601. We may end your rights to use the Bank's Online Banking Service for any reason and at any time without notifying you.
We may amend or change this Agreement at any time by notifying you prior to the effective date of any amendment or change.
(r) Use of Personal Financial Management (PFM) Software
Your account data may be accessed using personal financial management (PFM) software (e.g., Microsoft Money or Intuit's Quicken products). A list of supported software can be found on our non-secure informational site. Supported functionality may vary depending upon the software that you are using, and the software that we support may change from time to time. Use of PFM software is intended to supplement and/or enhance use of our Online Banking Service and not replace it. Access to account information through PFM software must be done using an active Online Banking user name and password or other secure method as required. You are responsible for any necessary purchase, installation, configuration, maintenance, updates and upgrades to the PFM software and/or your Computer. We are not responsible for any problems related to the PFM software itself, your Computer or your ability to connect using the PFM software as described in this Agreement. We will provide you with reasonable assistance, when requested and as we are able, for the purpose of enabling your eligible Deposit Accounts for use with PFM software that we support. We are not responsible for any problem that you may have using your PFM software to connect to our Online Banking Service if no known problem exists with our systems that might impede such connectivity, or if the problem is due to your software, Computer or Internet service. You should verify all account data obtained and transactions executed on your accounts using PFM software. Our records of transactions, instructions and communications regarding your accounts and Online Banking access supersede any records stored or created on your computer equipment through the use of PFM software. Your Account Agreement(s), this Online Banking Agreement, and other related agreements between you and the Bank govern all transactions, instructions and communications executed or transmitted between you and the Bank using the PFM software. You are responsible for any and all obligations to any software vendor arising from your use of that vendor's PFM software.
(s) No Warranty
We make no representation or Warranty, whether Statutory, Or Implied, Including Without Limitation any Warranties Of Merchantability Or fitness For a Particular Purpose with Respect to the Service.
(t) Actions Beyond Our Control
We shall not be responsible for any occurrence, act or omission not within our reasonable control, including, without limitation, the inoperability or malfunction of any communications, computer or payment system, power outages, acts of God, war, labor difficulties, or actions of any government either in its sovereign or contractual capacity.