This membership and personal deposit account agreement (this “Agreement”), as amended from time to time, outlines:
- the terms of your membership in DUCA; and
- the general terms governing each Account.
This Agreement replaces all prior agreements between you and us for an Account. If you make a transaction on an Account it will mean that you have received, read and understand this Agreement and agree to its terms.
Additional terms may govern your access to, and use of, specific Accounts or Services. Such additional terms, as amended from time to time, will be provided to you separately at the time of your application for such Account or Service.
If you have any questions about our Services, any Account or any of the terms of this Agreement, you may contact the branch or office where your Account is held or you may call us at 1 (866) 900-DUCA (3822).
In this Agreement, the following terms will have the following meanings:
- "Account" means any personal deposit account that you may have with us at this time and at any time in the future;
- "Applicant" means the person who is applying to become a Member or open an Account and "Applicants" means the persons who are doing the same;
- "ATM"means an Automated Teller Machine;
- "Business Day"refers to regular weekdays only and excludes Saturdays, Sundays, bank holidays and federal or provincial statutory holidays;
- "Debit Card" means your DUCA Debit Card and any other card we indicate to be subject to the Debit Card Agreement when we issue it to you. Debit Card includes the use of your Debit Card number;
- "DUCA"means DUCA Financial Services Credit Union Ltd. and its affiliates;
- "DUCA Online"means our web portal accessible through our website;
- "Electronic Device" means any electronic device that we allow you to use to access DUCA OnLine including, a personal computer, cellular phone, telephone, smart phone, or personal digital assistant;
- "including" means including but not limited to;
- "Instrument" means a cheque, promissory note, bill of exchange, order for payment, securities, cash, coupon, note, clearing item, credit card slip for processing, other negotiable instrument, or item of deposit or withdrawal of a similar nature and its electronic equivalent, including electronic debit instructions;
- "Losses" means any and all damages, claims, fines, penalties, deficiencies, losses, liabilities (including settlements and judgments), costs and expenses (including interest, court costs, reasonable fees and expenses of lawyers, accountants and other experts and professionals or other reasonable fees and expenses of litigation or other proceedings or of any claim, default or assessment), including indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or any of our products or services provided to you, even if we were advised of the possibility of damages or were negligent;
- "Member" a member of DUCA;
- "payment order" means any order by one person directing another to pay money, including cheques, withdrawal instructions, automated funds transfers, direct deposits, preauthorized debits, and any other orders communicated in writing or by means of a computer or telecommunications or digital device;
- person" means any individual, corporation, partnership, trustee or trust or unincorporated association;
- "Services" means the products or services that we may provide to you from time to time;
- "we", "us" and "our" means DUCA and its affiliates; and
- "you" and "your" means an Applicant or Applicants.
By applying to become a Member, you agree to comply with the DUCA bylaws, as amended from time to time, including but not limited to maintaining your membership share as required therein.
4. JOINT ACCOUNTS
If two or more natural persons apply as Applicants, you agree to the following terms, which apply individually and collectively to all of you:
- you may choose any one of you, all of you, or any number of you, to act as authorized signatories on your Account(s);
- funds held in an Account in more than one name where only one signature is required shall be subject to withdrawal in whole or in part, transfers in whole or in part, and any account changes upon the authorization and signature of any one of the Account holders. We shall be under no duty to inquire as to the ownership of the funds or the rights thereto as between such Account holders;
- funds held in an Account in more than one name where multiple signatures are required shall be subject to withdrawal in whole or in part, transfer in whole or in part, and any Account changes upon the authorization and signatures of all Account holders;
- any one of you may (even if multiple signatures are required on an Account):
- make deposits to the Account payable to all or any one of you. We may also endorse any Instrument received from or for any one or more of you;
- provide instructions to stop payment on any Instrument drawn on a joint Account;
- receive Accounts Statements, notifications and other transaction records on a joint Account; and
- make decisions related to the Account that are administrative in nature, such as those that do not remove funds from the Account. If you make any of these changes, you agree to notify your co-owner(s) of them. For clarity, removing or adding a co-owner is not considered an administrative decision;
- you agree with each other and us that all shares, heretofore or hereafter purchased by any of you, all sums heretofore or hereafter paid on account of shares and all deposits heretofore or hereafter made by any of you to the credit of your joint Account(s), together with all accumulation of dividends and interests thereon are and shall be owned by you jointly with right of survivorship and you hereby further agree that it is your intention that, on your death, the balance of all joint Accounts shall not be treated by us as an estate asset, and this shall constitute your irrevocable direction to us to pay the balance of all joint Accounts to the surviving account holder(s) and to act in accordance with such direction. The deceased Account co-owner or their estate is not, however, released from liability for debts or overdrafts owing to us and incurred prior to the deceased Account co-owner's death. Once we receive evidence acceptable to us of the death, we will remove the deceased Account co-owner's name from the Account, subject to the payment of any debt owed by the deceased Account co-owner. Upon such removal, we will be fully discharged respecting the deceased Account co-owner and their estate's interest in the Account. By acting on the right of survivorship, we will not be liable for any loss, damage or legal costs incurred in any dispute between the estate of a deceased Account co-owner, the surviving Account co-owner(s) or a third party;
- unless you direct us otherwise, you agree that any or all of you may pledge all or any part of the shares or deposits in your joint Account(s) for a loan or loans from us; and
- everything in this Agreement shall refer to each and all of the Members on the joint Account(s), individually and jointly. You agree to be jointly and severally liable for any debts, liabilities or other obligation under this Agreement or in connection with the joint Accounts. Unless you direct us otherwise, you agree that we may assume that the joint Account holders own any balance in equal shares until the death of one of the joint Account holders.
5. ACCOUNT ACCESS
- We will determine how you may access your Account, including ways to identify you when you require our Services. We may issue you a Debit Card and require it to be used in certain channels to gain access to your Account. If we do, we will provide you with the rules governing its use in a separate agreement (the Debit Card Agreement). Your Debit Card is a separate Service from your Account.
- Accounts are for your personal banking needs only. If an Account is used for business purposes, we can close the Account (or close the Account and open a business account for you with business banking service fees).
- We may permit you to access an Account and conduct transactions through other channels, such as online or by telephone, subject to the terms of the relevant agreements governing such access, including the Direct Services Agreement, Debit Card Agreement and DUCA Online Agreement.
- Access to an Account and transactions may be subject to daily limits or other limits set by us. We will tell you the Account limits from time to time.
- You acknowledge that nothing in this Agreement or any other agreement between you and us, will prevent us from restricting access to an Account, refusing to release funds in an Account if we are required to do so or if, in our opinion, there is unusual, improper or suspicious activity in an Account, or closing an Account for any reason, in our complete discretion
- You agree to take all reasonable precautions to maintain the security and integrity of your Account and to prevent fraudulent transactions in your Account. You agree to advise us of any suspicious circumstances that you are aware of surrounding an item for deposit or other transaction in your Account at the time of your instruction to us.
6. USE OF ACCOUNT
- You may not give anyone other than us a security interest in any funds in an Account, whether by assignment, hypothec, transfer or otherwise.
- You acknowledge that you are not carrying on or associated with activities that are improper, illegal or unlawful or that you are connected with a business that we may determine, in our sole discretion, is a restricted business. You acknowledge that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada)and Regulations, as they may be amended from time to time, apply to the operation of your Accounts and that we will, from time to time, adopt policies and procedures to address the reporting, client identification and recordkeeping requirements of this legislation. You agree to abide by and comply with all such policies and procedures, as applicable, and recognize that such policies and procedures may be more rigorous than the statutory or regulatory requirements. You agree that the Account is not to be used by, or on behalf of, a third party or parties without our prior written permission.
7. APPOINTING AN ATTORNEY
You may appoint one or more attorneys to act for you in respect of an Account. However, we may refuse to accept the appointment in our sole discretion if it is not satisfactory to us, or we may refuse to honour any Account transaction made by an attorney (or by any committee, property guardian or similar representative appointed by a court to act for you in respect of an Account). If an Account is a joint Account, we may also refuse to honour any Account transaction made by an Attorney (or by any committee, property guardian or similar representative appointed by a court to act for you in respect of an Account) unless their appointment in respect of the joint Account has been agreed upon (in writing) by all Account owners. An Attorney will have access to the previous Account history and transaction details for the Account, and you agree to this access being provided.
- We will provide you with a monthly statement that sets out all transactions affecting your Account. We will not be liable to you for any errors, irregularities, omissions or unauthorized, forged and/or fraudulently obtained, executed or communicated transactions, charges or payment orders debited to your Account unless you notify us of the same within 30 days of when you received or should normally have received the statement evidencing the same. If you do not notify us of any such errors, irregularities or omissions prior to the expiry of this time limit, you agree that, notwithstanding any negligence on our part, the statement is complete, correct and binding on you and we will be released from all claims by you in respect of the statement, including any transaction and balance errors.
- Account statements will be provided by ordinary mail unless you request otherwise. If we mail you a statement, we will mail your Account statements to your last known address and you will be deemed to have received it three days after we mail it. We may, in our discretion, change the frequency or method of distribution of Account statements. You acknowledge that you are primarily responsible for monitoring your Account and making sure that all the transactions through it are proper, accurate, and have been authorized by you. You acknowledge that it is your responsibility to advise us promptly if your account statement has not been provided or made available to you within five days of the date of deemed delivery. Absent any complaint received within such five-day period, delivery of you account statement shall be conclusively deemed to have occurred as provided above.
- If you have access to DUCA OnLine, you may request us to stop mailing Account statements to you. You acknowledge that thereafter it is solely your responsibility to regularly and carefully verify, via DUCA OnLine that there are no errors, omissions or irregularities with respect to entries posted to your Account. In any event, you agree that if you do not notify us that there is an error, omission or irregularity with respect to any transaction posted to your Account, prior to the expiry of 30 days after the posting date of the transaction, you agree that, notwithstanding any negligence on our part, our electronic records are complete, correct and binding on you and we will be released from all claims by you in respect of our electronic records, including any transaction and balance errors.
- You agree that only one statement will be sent by ordinary mail for each joint Account to the address on record. Delivery of paper Account statements or notifications to the last address designated to receive paper statements is considered a delivery to each co-owner. Any co-owner who receives the paper statements for the Account is charged with the duty of making copies available to the other co-owners.
- Joint Account statements may be viewed on DUCA OnLine by all co-owners who have access to DUCA OnLine. If a co-owner of a joint Account requests us to stop mailing Account statements, the requesting co-owner is charged with the duty of delivering copies of any Account Statements and Notifications to the co-owner(s) who do not have access to Online Banking.
- notwithstanding that an Instrument may be provisionally posted to your Account, it is not considered processed until it has been honoured and irrevocably collected by us and the time for return by any process of law has expired. The credit represented by an Instrument that is not honoured and collected may be reversed from an Account notwithstanding any provisional posting. The statement of account for an Account will be modified accordingly; and
- notwithstanding that a deposit or other credit may be provisionally posted to an Account, it is not considered processed until it has been verified and accepted by us. A deposit or other credit that is not verified and accepted may be reversed from an Account notwithstanding any provisional posting. The statement of account for the Account will be modified accordingly.
9. FEES AND CHARGES
- You agree to pay the agreed upon fees and charges applicable to your Accounts and Services, or, if there is no such agreement with respect to any of your Accounts or Services, our standard fees and charges with respect to the same. Our standard fees and charges with respect to your Accounts and Services may be obtained by contacting us or through our website.
- We may, on 30 day's prior notice to you, change any of our standard fees and charges. If you use your Account or Services after the change in the standard fees and charges, you are deemed to have agreed and consented to the change.
- All fees and charges are expressed exclusive of sales tax, deductions and withholdings. You agree to pay all applicable fees and charges when they are due, unless otherwise agreed in writing by us, together with all applicable taxes.
- You are responsible for the payment of any fees, charges, taxes, or other amounts owing to any other person in connection with your Services.
- You agree to fully indemnify us for any expenses, including all costs, charges, fees, legal expenses and out-of-pocket expenses together with any goods and services tax or other applicable taxes (collectively, "Expenses" we incur in collecting or attempted to collect amounts you owe us, including any expenses related to the use of a collection agency.
- If there is a dispute about the funds in an Account or the ownership of an Account, we may freeze the funds in the Account until such time as the dispute is resolved, apply to the courts for directions or pay the funds into court. You agree to fully indemnify us for any Expenses incurred by us in this regard.
- You agree to fully indemnify us for any Expenses incurred by us in the event of any executions of third party demands or claims against or related to the Account.
- We may debit any of your Accounts to collect fees, charges, taxes, and other amounts owing in connection with your Accounts and Services.
- We may accept payment orders on deposit to your Account or on collection and you may use the services of another financial institution or other agent as you think best to present a payment order for payment, acceptance, or collection.
- You waive, as far as possible, all requirements of any legislation governing payment orders and agree that you will not hold us responsible if any payment order payable to or endorsed to you is not honoured. You agree to indemnify us against all claims made against us or liability incurred by us in connection with any payment orders deposited to your credit, including payment orders that have been forged or unauthorized signatures or endorsements and those that have been countermanded. You also agree to pay to us, and you agree that we may debit your Account with, the amount of any payment orders that you or others may deposit to your Account or that you may cash (if our policies then in effect allow you to cash payment orders) and that are not honoured or paid to you.
- We may refuse a deposit to an Account or refuse to accept any Instrument. You acknowledge that we have the right to hold the proceeds of any Instrument deposited to an Account, and to defer your right to withdraw funds represented by such a deposit.
- We may use any and all deposits made pursuant to this Agreement in the manner set out and prescribed in the Credit Union and Caisses Populaires Act, 1994, and subsequent amendments.
- We may debit your Account for the amount of any payment order communicated to us by any means unless we have reason to believe that the payment order is not proper or unless you have countermanded that order by any verifiable means. We are not obliged to certify any payment order made by you.
- If we do not honour a payment order because we do not believe it to be proper, you agree that we will not be responsible for any damage resulting to you.
- You agree that you will be responsible for the accuracy and validity of any pre-authorized debits ("PADs") from your Accounts unless you make a claim in writing to us for reimbursement of the PAD in compliance with the published rules and standards of the Canadian Payments Association, as amended from time to time, and within the following time periods, as applicable:
- where the purpose of the PAD was for payment of consumer goods and services, the time period for making such a claim is 90 calendar days from the date of debiting, and
- where the purpose of the PAD was for payment of goods and services related to your commercial activities, the time period for making such a claim is 10 Business Days from the date of debiting.
- You may draw cheques on any Account unless otherwise indicated by us. Your cheques are encoded with your Account number and may be used for a specific Account only.
- You acknowledge that we, and other financial institutions, may reject any cheque or other Instrument that does not comply in all respects with all applicable laws, regulations, rules and standards set by us and/or the Canadian Payments Association
- If a cheque or debit has not already been paid or processed through the Account, you may ask us to stop such payment. You must give exact details of the amount of the item, cheque number, if applicable, date of item, payee, and the full account number on which it is drawn in order for the item to be stopped. The issuance and processing of a stop payment instruction may not affect the legal obligation to the payee or any other person. The payee must be contacted directly to cancel any contract with the payee as required. We will process all stop payment instructions on a best effort basis, but we do not guarantee a cheque or debit will be stopped even if a stop payment instruction has been processed. We are not responsible for any losses arising as a result of a stop payment instruction.
12. PROCESSING OF TRANSACTIONS
- You acknowledge that any transaction, such as a deposit, withdrawal, payment, stop payment or transfer, may not be processed by us on the same Business Day. If you are making payments or transferring funds to another party or to another account, you acknowledge that there may be processing delays that apply to the payment or transfer. You are responsible for finding out what processing delays apply to any transaction and for allowing enough time prior to the transaction. We will not be responsible for any losses, damages or inconvenience suffered by you resulting from a delay in the transaction, whether such delay is caused by systems or human error or failure or for any other reason, subject to the liability for damages provision in Section 24 below.
- You acknowledge that digital images or electronic representations of Instruments may be made or captured and used by financial institutions involved in the exchange and clearing of payments in Canada and elsewhere, in which case the original paper item may be destroyed and not returned to you. We are entitled to act upon such images or representations for all purposes as if they were paper items. We may reject any Instrument that does not comply with all of our policies and standards. If you have your cheques printed by a vendor that has not been approved by us, or you use security features or you make your cheque out in a way that causes critical data to disappear or be obscured upon imaging, you agree to bear the risk of any loss, damage or expense.
13. OVERDRAFTS AND INSUFFICIENT FUNDS
- You agree that you will not issue any payment order that would result in the Account being overdrawn unless you have first made arrangements with us and those arrangements are in compliance with our overdraft policies.
- You may debit one Account to cover an overdraft in another Account, at your discretion.
- When there is not enough money in your Account and the appropriate credit has not been arranged, then the cheque or other item will be returned unpaid and an NSF charge will be made to your Account
We may adjust a deposit to an Account at any time (even if the adjustment creates an overdraft) if an Instrument is dishonoured, not paid or paid but subsequently returned for any reason whatsoever. We may also adjust an Account to correct amounts credited to an Account by mistake or that we suspect could be the result of any fraudulent, unlawful or improper activity or to correct amounts paid to you in cash for an item that was subsequently returned to us as unpaid. You waive presentment for payment, notice of dishonour, protest and notice of protest on all Instruments requiring such action.
15. INACTIVE ACCOUNTS
Your Account will be designated as inactive if you have not initiated activity for at least two consecutive calendar years. We will notify you in writing in January after the first two-year, five-year and nine-year period of inactivity. If you do not initiate a transaction or communicate with us, an inactive fee will be charged to your Account each year the Account remains inactive. If there are insufficient funds in your Account to cover the service charges, you authorize us to close your Account without notice to you. If your Account remains inactive and the balance is still unclaimed after the nine-year inactive notice is sent, we will close your Account. Interest, if applicable to your Account, will be paid until the Account is closed. After 10 years of inactivity, your Account balance becomes unclaimed under federal law and will be transferred to the Bank of Canada. To claim Account balances transferred to the Bank of Canada, you must file a claim with the Bank of Canada.
16. STATUTORY ACCOUNTS
The provisions of this Agreement as they relate to joint accounts (including right of survivorship), the application of monies from one Account against debits in another and the provisions relating to the closing of accounts do not apply to TFSA, RRSP, RRIF, RESP accounts or any other similar type of accounts opened under specific statutory authority granting special tax deferral or other benefits whether opened pursuant to the Income Tax Act (Canada) or other similar legislation ("Statutory Accounts"). You agree that each Statutory Account will be the subject of a separate agreement between you and us and that such separate agreement will apply in the event of a conflict between it and this Agreement.
17. TRUST ACCOUNTS
The provisions of this Agreement as they relate to the transfer of monies between Accounts only apply to trust accounts with respect to transfers of monies between Accounts that you may open with us that have the same beneficial owners. Where an Account is a trust account, the authority to make payment orders is as set out in this Application. We may rely on your instructions only and we are not responsible for making sure that you comply with the terms of the trust. If a trustee dies, the agreement governing the trust, if there is one, will apply, otherwise, the surviving trustee or trustees are authorized to carry out the terms of the trust.
Where you have requested insurance with respect to any deposit or loan Account with us, you agree that the terms of any master policy that we have with the insurer, including any limitations on coverage, will apply to and be binding on you.
- You may, from time to time, authorize us to accept a mechanical, computer generated or digital version of your signature. If you have authorized us to accept a mechanical, computer generated, or digital version of your signature, we are entitled to accept instructions that contain such mechanical, computer generated, or digital version of your signature and to rely on them as having been authorized by you, until we receive actual notice from you that you have cancelled that authority.
- You agree that your use of any Debit Card, personal access code, password, or personal identification number issued to or chosen by you in connection with your Account is at your sole risk and responsibility. We will not be responsible for any unauthorized use of any card, personal access code, password or personal identification number or any loss that you may suffer because of unauthorized use until we have actually communicated to you that such use is unauthorized. You are fully responsible for maintaining the security of all cards, personal access codes, passwords, and personal identification numbers issued to or chosen by you in connection with your Account.
20. CURRENCY OF PAYMENT AND CONVERSION
We are not responsible for any increase or reduction in the value of your Account due to changes in foreign currency exchange rates. If an Instrument is in a currency other than the currency of your Account, and the Instrument is to be credited to or debited from your Account, you agree that we may convert the Instrument at the applicable currency conversion rate established by us in our discretion for such purpose. We are not responsible for any losses related to foreign currency conversions, including those resulting from a change to our currency conversion rates between the date an Instrument is converted by us and the date the Instrument is processed or returned. The conversion rate in effect at the time you request a service may be different from the rate in effect at the time your transaction takes place that we apply. You are solely responsible for any losses related to foreign currency conversions in connection with our services, including those resulting from a change to our currency conversion rates and any loss in the value or amount of an Instrument due to an adverse change to such rates.
21. RELEASE OF FUNDS ON DEATH
We will require estate documentation to release funds from any Account upon death of an Account owner. Estate documentation means any document that may be required by us in our absolute discretion, and may include a death certificate, probated will or notarial will. In the event of any dispute regarding the release of funds upon your death, we may pay the amounts held in any Account into court and recover any Expenses, including legal fees, incurred by us from the funds in an Account. With respect to joint Accounts, we are authorized to release any information about the Account to the estate representative of the deceased Account co-owner up to the date of the death.
22. COLLECTION AND USE OF PERSONAL INFORMATION
23. ACCOUNT CLOSURE
We may close or suspend an Account for any reason in our absolute discretion and without notice, including if you do not conduct it in accordance with this Agreement or the law, or if, in our opinion, there is unusual, improper or suspicious activity in the Account. If we close an Account, we will issue a cheque or draft in the amount of any net balance in the Account at the date of closure payable to all Account holders and deliver it at your risk to the last known address for the Account.
24. LIABILITY FOR DAMAGES
We will not be liable for any loss, damage or inconvenience suffered by you except in a case where there has been negligence on our part, even if we have been advised of the possibility of such damages. We will not, under any circumstances (even if we are negligent), be liable for any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever caused to you, regardless of the cause of action. In no event, even if we are negligent, will we be liable to you for any loss or damage suffered by you resulting from:
- any failure, error, malfunction, delay or inaccessibility of any machine, system or equipment;
- any failure, error or delay by any third party;
- your failure to fulfill any of your obligations under this Agreement; or
- any circumstances beyond our control.
- Gender and Number. In this Agreement, words importing the singular include the plural and vice versa; and words importing gender include all genders.
- Enurement. The terms of this Agreement apply to you, and shall bind you and your successors, heirs, executors, administrators and other legal representatives, successors and permitted assigns, as applicable.
- Governing Law. This Agreement is governed by the laws of Ontario and the laws of Canada applicable in Ontario, excluding any principles of the conflicts of laws that would apply a different body of law. You submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario with respect to any matters arising from or related to this Agreement.
- Notices. Any notice required or permitted to be given to us in connection with this Agreement must be in writing and must be addressed and delivered to us at the address or fax number of the branch or office where your Account is located. Any notice required or permitted to be given to you in connection with this Agreement may be given to you by delivering a written notice to your last known address, at such other address, email address, or fax number given by you to us, or, except as to confidential financial information specific to you, by posting notice at our branches or on our website, or by any other means that we, acting reasonably, consider appropriate to bring the notice to your attention.
- Modification of Agreement. We may, in our sole discretion, amend the terms and conditions of this Agreement from time to time, for any reason, without any liability to you or any other person. If we do, we will let you know at least 30 days before the changes come into effect. You are responsible for regularly reviewing the terms and conditions of this Agreement. If you use your Account after the effective date of a change it will mean that you agree to the amendment and adopt and are bound by the newer version of this Agreement. You may not change, supplement, or amend this Agreement by any means.
- Termination. We may restrict your use of your Account or end this Agreement at any time without notice to you if you contravene any part of this Agreement. In all other cases, you or we may end this Agreement at any time by giving notice in writing. If this Agreement has ended, your obligations continue until they have been completely satisfied. We will not be liable for any Losses or inconvenience that result from our restriction of your use of your Account or our termination of this Agreement.
- Severability. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then:
- such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision; and
- such invalidity or unenforceability will not affect any other provision of this Agreement.
- Execution. This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. Use of your Account shall be deemed to be acceptance of these terms and conditions as of the date of first use, or in the case of a modification of this Agreement, acceptance of the modified terms and conditions.
- No Waiver. No waiver by us of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. We may, without notice, require strict adherence to the terms and conditions of this Agreement, despite any prior indulgence granted to or acquiesced in by us.
- Choice of Language. It is the express wish of the parties that this Agreement and any related documents be drawn up and if execution is required, to be executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en anglais.
- Interpretation. This agreement is intended to be interpreted in accordance with its plain English meaning. Nothing in this Agreement shall be interpreted so as to alter any provision of the Credit Unions and Caisses Populaires Act or any regulation under that Act.
- Receipt of Copy of Agreement. You acknowledge that it is your responsibility to print a copy of this Agreement for your records. Upon your request, we will provide to you a copy of any changes to this Agreement or the revised Agreement.
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