Online Agreement

Online Agreement

This DUCA OnLine Agreement (this "Agreement"), as amended from time to time, governs your use of DUCA OnLine and applies when you access or use the Services, regardless of the Electronic Device you use to access the Services. 

This Agreement replaces all prior agreements between you and us for your use of DUCA OnLine. Your use of DUCA OnLine will mean that you have received, read and understand this Agreement and agree to its terms. 

If you have any questions about our Services, any of your Accounts 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). 


1.      DEFINITIONS 
In this Agreement, the following terms will have the following meanings:

  1. "Account" means any deposit or loan account that you may have with us; 

  2. "Alias Name" means the alias name you use to sign on to DUCA OnLine; 

  3. "Business" means a sole proprietorship, partnership, corporation or unincorporated association; 

  4. "Business Day" refers to regular weekdays only and excludes Saturdays, Sundays, bank holidays and federal or provincial statutory holidays; 

  5. "Business User" means an individual that has been authorized by a Business to receive an Alias Name and Password intended for Business use from us; 

  6. "Communications" has the meaning given in Section 6(a); 

  7. "DUCA" means DUCA Financial Services Credit Union Ltd. and its affiliates; 

  8. "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; 

  9. "including" means including but not limited to; 

  10. "Instruction" means an instruction that is communicated to us after Password and/or Personal Verification Question authentication through DUCA OnLine; 

  11. "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; 

  12. "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 the Services provided to you, even if we were advised of the possibility of damages or were negligent; 

  13. "Member" a member of DUCA; 

  14. "Message Centre" means the DUCA OnLine Message Centre; 

  15. "Mobile Banking" means any Web Site or mobile application, specifically designed by DUCA or a third party service provider, through which you may sign on to DUCA OnLine for use through an Electronic Device; 

  16. "Non-Secure Communication" has the meaning given in Section 6(a); 

  17. "DUCA OnLine" means the DUCA OnLine service offered by DUCA that allows you to view information and/or conduct transactions after Password and/or Personal Verification Question authentication, and includes access through Mobile Banking; 

  18. "Password" means a confidential combination of numbers and/or letters you use to sign on to or transact on DUCA OnLine, and the answers to any online Personal Verification Questions you have chosen that permit you to sign on to DUCA OnLine if you forget your password; 

  19. "Personal Verification Questions" means the questions and answers that you may be required to choose, and provide answers to, when prompted to help us confirm that you are the person accessing DUCA OnLine; 

  20. "Secure Communication" has the meaning given in Section 6(a); 

  21. "Services" means any product or service that we may provide to you which you may access through DUCA OnLine; 

  22. "Signing Authority" means any person authorized to sign on an Account; 

  23. "we", "us" and "our" means DUCA and its affiliates; 

  24. "Web Site" means any website operated by us through which you sign on to DUCA OnLine; and 

  25. "you" and "your" means the Member or Members whose Account is accessed through DUCA OnLine.



2.      SECURITY 
You must use your Alias Name and Password to access DUCA OnLine. You may also be required to answer your Personal Verification Questions when accessing DUCA OnLine.

  1. Your security responsibilities. 

    1. You must select an Alias Name which is not easily traceable back to you. 

    2. You must carefully select your Password and Personal Verification Questions so that they cannot be easily guessed or reverse engineered by anyone else. 

    3. You agree to keep your Password and Personal Verification Questions confidential and not to disclose them to any person other than to a Signing Authority on the Account. If your Password or Personal Verification Questions become known to any person other than a Signing Authority on your Account, confidential information about your Account may be accessed. 

    4. Your Password is for your use alone and may not be assigned or transferred. 

    5. We recommend that you change your Password on a regular basis, and at least every 90 to 120 days. 

    6. When entering your Alias Name and Password and/or Personal Verification Questions into an Electronic Device, you must take all reasonable precautions to prevent others from seeing you entering this information such as by ensuring that no one can see your computer screen or key pad on your Electronic Device. 

    7. If you suspect that someone else knows your Password or Personal Verification Questions or is using your Alias Name without your consent, you must notify us by telephone or in person as soon as possible (and in any case within 24 hours after learning or suspecting such loss or use) and follow the instructions that we give to you. Subject to any other agreement you have with us, we will not be liable for any improper withdrawal from or charges against an Account or any other loss if you have not given us notice as required by this Section. 

    8. DUCA OnLine files may exist in a non-encrypted state on your web browser's cache and stored in your Electronic Device's permanent memory until erased. You agree that it is your responsibility to take such steps as are necessary to secure or erase such files so that they cannot be accessed by any other person.
  2. Use an Anti-Virus Program, Anti-Spyware Program and Firewall. The Electronic Device you use may be vulnerable to viruses or online attacks that seek to intercept or alter information including sensitive information that you provide through the internet. To reduce the chances of harm, you should take all reasonable precautions, including ensuring that any Electronic Device you use to access DUCA OnLine has an up-to-date anti-virus program, anti-spyware program and a firewall, if such security measures are available for your Electronic Device. 

  3. Signing Off. To prevent unauthorized access to your Accounts, you must sign off of DUCA OnLine, close your browser, or sign-off of the mobile applications used by you for Mobile Banking, as soon as you finish using them. 

  4. Responsibility for Losses. You are responsible for any Losses that result from your own use of your Alias Name and your Password or Personal Verification Questions. You are also responsible for any Losses that result from any unauthorized use by a third party of your Alias Name and your Password or Personal Verification Questions until such notification is made and acknowledged, in writing, by us. Until we provide you our confirmation that we have received your notification, your notification is not deemed to be received by us. You are responsible for any Losses that result from use of your Alias Name and your Password or Personal Verification Questions by a service provider that provides an online account aggregation service, which retrieves, consolidates and presents your Accounts for the sole purpose of allowing you to view your Accounts in one place, that you authorized (contrary to Section 2(a)) to use your Alias Name and your Password or Personal Verification Questions. Without limiting the generality of the first sentence in this Section, you are also responsible for any Losses that result if: 

    1. you make an entry error when using DUCA OnLine; 

    2. you claim that an Account or Service was accessed by someone else but you do not co-operate fully in an investigation by us or the authorities; or 

    3. someone else uses your Alias Name without your authority but your actions (or inaction) contribute to that unauthorized use. We are under no obligation to confirm the actual identity or authority of any user of your Alias Name.

You acknowledge that the amount of Losses for which you may be held liable is not limited to the Account balance if the Account has overdraft or similar protection, or by your credit limit if it is a credit card Account or loan Account. 


3.      INSTRUCTIONS

  1. Instructions: You acknowledge that each Instruction that you provide to us is final and you may not revoke or stop any transaction once the transaction request has been processed. You agree that we may rely on your Instructions (including your electronic acceptance of this Agreement and other online agreements) as if you had provided us with a paper copy of them. You agree that you will be liable for the transactions that are conducted on your Instructions, and any Losses that may arise from these transactions. Verification of transactions may take place on a date later than the date that you authorize the transaction, which may affect the transaction date. 

  2. Recording Instructions. You agree that we may maintain a record of your Instructions, and, if you provide Instructions by telephone, we may record your voice or responses and you consent to such recording. Any record of a transaction generated by Duca OnLine will be for your convenience only. Our records of your Instructions will be binding on you in a dispute, including any legal proceedings, unless you provide clear written proof that our records are wrong or incomplete within the time provided in the Account Agreement between you and us for the relevant Account or Accounts. 

  3. Viewing Documents. We may, through DUCA OnLine, permit you to view and print images of Instruments drawn on an Account. Such images may be made available before we have determined whether the Instrument will be honoured or accepted. You acknowledge and agree that such images are made available by us as a service to you and the provision of such images does not mean that relevant transaction has been processed, nor does it in any way oblige us to honour or accept the Instrument. 

  4. E-mail. E-mail sent over the Internet is not secure and may be lost, intercepted, or altered. Except as otherwise specified in another written agreement that you have entered into with us, you agree that we are under no obligation to accept or act on any instructions you provide to us by e-mail. If you send us confidential information by e-mail, we will not be liable if it is lost or intercepted, altered or misused by someone else. If you send us an e-mail, you agree that we may (at our sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree we will not be liable if the information we provide to you by e-mail as contemplated in this Section is lost or intercepted, altered or misused by someone else. 

  5. Declining Your Instructions. When using DUCA OnLine, you agree that we may decline to act on your Instructions if we suspect that the Instructions are not from you, are inaccurate or unclear, have not been properly authorized by you, or are provided by you for some illegal or improper purpose. We will not accept Instructions to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signatories. We will not be liable if we decline to act on an Instruction in these circumstances. 

  6. Merchant Disputes. If you pay bills using DUCA OnLine, you must settle directly with the merchant any disputes or claims you may have. We have no responsibility for any problems or disputes with merchants, including if a merchant does not credit you for a bill payment, refund any amount to you, imposes any additional charges on you (such as late fees or interest penalties), or takes any other actions. 

  7. Bill Payment. Although your DUCA OnLine bill payment will be withdrawn from the Account you select on the date you instruct us to make the bill payment, you acknowledge that not all merchants treat payments as being received as of that date. You should give bill payment Instructions several Business Days in advance of the date on which you wish a bill payment to be effective. We will not be responsible for processing delays by merchants and any Losses resulting from merchants' processing delays or your own delays in making a bill payment. 

  8. Negative Balances. You agree not to conduct or try to conduct any transaction that would result in a negative balance in any Account or, if your Account provides for an overdraft or line of credit, would exceed the unused balance of such overdraft or line of credit, as applicable. You agree to indemnify us for all liability or loss arising out of any such transaction. /li> 

  9. Joint Accounts. You may not provide Instructions on an Account that requires multiple signatories unless prior authorization is received in writing from all required signatories. Each joint holder of a joint Account shall be jointly and severally liable for all Instructions and transactions conducted using DUCA OnLine with respect to that Account.



4.      TERMS OF USE

  1. FeesWhen you conduct transactions through DUCA OnLine, you will be charged, and you agree to pay, the transaction fees, charges and commissions, if any, provided under the agreements governing your Accounts and Services. These fees, charges and commissions will be deducted from your Account, or billed to you, as set out in the agreements governing your Accounts and Services. Any additional fees, charges or commissions specific to use of DUCA OnLine will be disclosed to you online by prior notice. By using DUCA OnLine you acknowledge your agreement to pay such fees, charges or commissions. You acknowledge that third parties, including Internet and wireless service providers, may charge you additional fees for access to the Services using an Electronic Device. 

  2. Intellectual Property Rights.All information and tools we provide online, and all software and systems used by us to provide the Services and the Web Site, are proprietary to, and owned by, us and our licensors, and are protected by intellectual property laws. You agree not to sell, distribute or commercially exploit the information or tools. You further agree not to use the information or tools except for your own personal use. Except as otherwise permitted under this Agreement, you agree that you will not do any of the following: (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any software and systems used by us to provide the Services or the Web Site; (ii) copy, mirror, reproduce, distribute, publish, download, post, transmit, or create derivative works based on any of the content found, accessible, or made available to you on the Web Site or through the Services in any form or in any manner; (iii) sell, resell, or make any commercial use of such content; and (iv) use any robots, bots, spiders, web crawlers, data mining software, or any other automated tools or data gathering or extracting software on such content or to collect any information from the Web Site or from other users of the Services. Nothing in this Agreement or on the Web Site will be construed as providing you with any right, title, and interest in or to any of our intellectual property rights, or to grant you any licenses, whether by implication or otherwise. 

  3. No improper use.You agree that you will not use DUCA OnLine or our Web Site for an illegal or improper purpose, or take steps that could have a negative impact on, interfere with, compromise, or alter the security, integrity or functioning of our systems or that could allow unauthorized access to our systems. You further agree not to use a third party's website, software or service to access DUCA OnLine or our Web Site. 

  4. Mobile Banking.You acknowledge that access to DUCA OnLine through Mobile Banking or through an Electronic Device that restricts the amount of content available to be viewed by you may not have all of the features, functionality, information or content available through other Web Sites and you agree to regularly access DUCA OnLine through a Web Site other than Mobile Banking or through an Electronic Device that does not have any restrictions to view any content thereon.



5.      BUSINESS USE

  1. Business Users. By designating a person as a Business User, the Business is authorizing that person to view information about the Business and, if online transactions are permitted through the Services, to carry out online transactions on behalf of the Business (subject to any limits on the Business User's access). The Business accepts the responsibility for all Losses that may arise from any unauthorized use including a Business User misusing his or her authority in any way, either purportedly on the Business' behalf or for personal or other purposes. The Business and individual Business User will ensure that the Business User meets any eligibility or other requirements for online access that are communicated by us as part of the application process. 

  2. Use of Alias Name.For DUCA OnLine, the Business will ensure that each Alias Name will be used only by the individual Business User that is authorized by the Business and has the authority to sign alone on behalf of the Business. 

  3. Different Levels of Access. At the request of the Business, we may provide different levels of access to DUCA OnLine for different categories of Business Users. For example, one category of Business Users may be able to view Account information only, and another category of Business Users may be able to view information and provide Instructions to conduct transactions. If this is the case, a Business User's ability to use DUCA OnLine will be limited by the level of access that we provide to him or her. It is the responsibility of the Business to ensure that the level of access we provide to a particular Business User is appropriate for that person. 

  4. Authorized Use/Entry Errors.The Business accepts the responsibility for all Losses that result if: a Business User uses an Alias Name or Password, whether with or without the Business' specific authorization in any particular instance; a Business User authorizes anyone else to use an Alias Name or Password; or a Business User makes entry errors. 

  5. Indemnity by Business.The Business agrees to indemnify and save us harmless from and against all Losses that we may incur (other than due to our own gross negligence or misconduct), including legal fees and disbursements reasonably incurred by us, arising from a breach by the Business or a Business User of any part of this Agreement, or from our acting or declining to act upon any Instruction or information given to us in accordance with this Agreement. This indemnity is in addition to any other indemnity or assurance against loss that the Business may provide to us, and will survive any termination of this Agreement. 

  6. Sharing Business Alias Name and Password. If we permit a Business to share its Alias Name among individual Business Users, a Business User may provide the Alias Name and Password to one or more other persons who have also been authorized by the Business and (if online transactions are permitted through the applicable Service) who have authority to sign alone on behalf of the Business. In these circumstances, the Business User need not change the Password or notify us merely because the other authorized persons are using the Alias Name or the Password. 

  7. Passwords, Anti-Virus Program, Anti-Spyware Program and Firewall. The Business will ensure that each Business User follows the duties in Sections 2(a), 2(b) and 2(c) of this Agreement, including the duty to carefully choose a Password, the duty to keep Passwords secret, and the duty to change Passwords and notify us if the Business User suspects that someone else knows a Password or is using his or her Alias Name. In addition, the Business will ensure that each Electronic Device that a Business User uses to access DUCA OnLine on behalf of the Business has an up-to-date anti-virus program, anti-spyware program and a firewall, where such security measures are available for the Electronic Device.



6.      COMMUNICATIONS

  1. Communications. The Message Centre permits you to obtain automated communications ("Communications"). Communication messages may be sent either securely within the Message Centre (a "Secure Communication") or by regular e-mail, telephone, text message or another non-secure method (a "Non-Secure Communication"). We may add new communication methods from time to time without prior notice to you, or discontinue old communications methods by posting a notice 30 days in advance on the applicable Web Site. We may include specific, confidential personal information in both Secure Communications and Non-Secure Communications, and you expressly consent to such use of your confidential personal information by us. 

  2. Non-Secure Communications. Before you choose to receive Non-Secure Communications, you should review sample message(s) and understand how they will be sent to you. This information is available when you register for these Communications. Due to their nature, you acknowledge and agree that Non-Secure Communications may be lost, intercepted, reviewed or altered by others. Telephone Communications may be provided by an automated message which would be read to any person who answers your phone or is left on your answering machine. 

  3. E-mail Address for Non-Secure Communications. Non-Secure Communications may be sent to the e-mail address you provide as your primary e-mail address for DUCA OnLine. You can change your e-mail address online through DUCA OnLine, but this will also change the e-mail address we have on record for you. 

  4. SMS Phone Number for Non-Secure Communications. Non-Secure Communications may be sent by text message to the SMS phone number you provide to DUCA OnLine. Standard messaging and data rates may apply and we will send you a reminder by text message once every 30 days to allow you to opt out of receiving Non-Secure Communications through text messages. You can change your SMS phone number through DUCA OnLine, but this will also change the SMS phone number we have on record for you. 

  5. Communications Limitation of Liability. You agree that your Communications may be delayed, not delivered or be inaccurate due to a variety of factors, including technical problems, and except as provided in Section 7 or as required by applicable law, we will not be liable to you for any Losses arising out of your use or inability to use the Communications, or for the accuracy or inaccuracy of any Communications, regardless of the cause of action, including negligence, even if we are advised of the possibility of such damages. For Non-Secure Communications, you accept the risk that the Communications messages may be lost, intercepted, reviewed or altered by others.



7.      LIABILITY, WARRANTIES AND WITHDRAWAL OF ACCESS

  1. Limitation of Liability. You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, we will be liable to you only for direct damages resulting from our gross negligence, fraud or wilful misconduct arising directly from the performance by us of our obligations under this Agreement and we will not be liable to you for any other damages. Also, we will not under any circumstances be liable to you for any other Losses, including indirect, incidental, special, punitive or consequential losses or damages including loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or any services, including the Services, provided to you by us, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort (including negligence), statute or any other doctrine of law. Gross negligence in this Section means conduct (whether through action or inaction, or through words or silence) which is a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in our position, or so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences. 

  2. No Liability in Certain Cases. Subject to applicable law and notwithstanding Section 7(a), we will not under any circumstances be liable to you for any Losses resulting from: 

    1. failure to sign off of DUCA OnLine after you have finished using it, regardless of how the Service was accessed; 

    2. failure to comply with any of your obligations under this Agreement; 

    3. failure to use up to date anti-virus software, anti-spyware software and a firewall on the Electronic Device you use to access DUCA OnLine, if such security measures are available for the Electronic Device you used; 

    4. government restrictions or actions, exchange or market rules or the suspension of trading; 

    5. a situation in which DUCA OnLine is unavailable for any reason, or is available but subject to delays or errors; or 

    6. any other circumstances where we have indicated that we will not be liable or responsible or that you are responsible in this Agreement.

    These limitations apply to any act or omission of us or our employees, officers, directors, affiliates, agents or suppliers, including any negligent acts or omissions of such persons, and to any Losses resulting from such act or omission, even if we were advised of the possibility of damages, regardless of the form or the basis of action, including a cause of action in contract, tort (including negligence), statute or any other doctrine of law.
  3. No Warranties. You agree that DUCA OnLine is provided to you on an "as is" and "as available" basis. Except for explicit promises we may make to you in another agreement in writing, we disclaim any warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of DUCA OnLine, the Web Site and the Accounts and Services, including any warranties and conditions as to merchantability, operation, currency, timeliness, merchantable quality, fitness for a particular purpose, title, non-infringement, security, and accuracy. We do not represent or warrant that (i) the Services or the Web Site will meet your requirements; (ii) the Services or the Web Site will be error free or provided on an uninterrupted or continuous basis; (iii) there will be no delays, no difficulties in use, no defects, or no incompatibilities with your use of the Services or the Web Site; (iv) all deficiencies in the Services or the Web Site can be found or corrected; and (v) that the Web Site and any communication from us, whether from the Web Site, or otherwise, is free of viruses, malicious code, unauthorized programs, disable code, or other harmful components.



8.      MISCELLANEOUS

  1. Discrepancies. DUCA OnLine derives its Account information from DUCA's computer banking system. Where there is a discrepancy between Account information displayed on DUCA OnLine and information contained in DUCA's computer records, the information in DUCA's computer records shall govern. 

  2. Other Agreements. If there is a conflict between the terms and conditions of another agreement you may have with us and the terms and conditions of this Agreement, this Agreement will apply in respect of your use of DUCA OnLine. 

  3. Accessing Web Site from other Jurisdictions. You acknowledge and agree that while you may access the Web Site from other jurisdictions outside of Canada, some aspects of the Services or some information on the Web Site may not be available to you in those jurisdictions. We are only offering to you Services that are legally permitted in the jurisdictions from which you access the Web Site or the Services, whether through Mobile Banking or otherwise. If you access or use the Services or the Web Site outside of Canada, you do so at your own risk, and you bear all responsibility for compliance with any local, provincial, national, or international laws that are applicable to such access or use of the Services or the Web Site by you. 

  4. Gender and Number. In this Agreement, words importing the singular include the plural and vice versa; and words importing gender include all genders. 

  5. 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. 

  6. 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. 

  7. 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. 

  8. Changes to the Services. You understand that we may add, remove or change any part or feature of the Services, including DUCA OnLine or the Web Site at any time, without giving notice to you. 

  9. 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 DUCA Online 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. 

  10. Termination. We may restrict your use of DUCA OnLine 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. The termination of this Agreement for any reason will not relieve you of any of your obligations under this Agreement which may continue with respect to your past access. We will not be liable for any Losses or inconvenience that result from our restriction of your use of DUCA OnLine or our termination of this Agreement. 

  11. 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: 

    1. 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 

    2. such invalidity or unenforceability will not affect any other provision of this Agreement.
  12. 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 DUCA OnLine 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. 

  13. 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. 

  14. 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. 

  15. 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. 

  16. Receipt of Copy of Agreement. You acknowledge that it is your responsibility to print a copy of this Agreement and agree to keep 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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