Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at accu-ca.com (the "Website") or any financial services provided by ACU ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately cease using our Website and services.

1. Acceptance of Terms

By accessing, browsing, or using the Website or any services offered by ACU, whether as a registered user or a guest visitor, you enter into a legally binding contract with ACU and agree to comply with and be bound by these Terms of Service. These Terms apply to all visitors, users, clients, and any other persons who access or use our services.

These Terms constitute the entire agreement between you and ACU with respect to your use of the Website and services, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to this subject matter.

If you are using our services on behalf of a corporation, partnership, trust, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you as an individual and the entity you represent.

You must be at least eighteen (18) years of age and legally capable of entering into binding contracts under the laws of your province or territory of residence in Canada to use our services. By agreeing to these Terms, you represent and warrant that you meet these eligibility requirements.

2. Description of Services

ACU is a financial services entity operating within Canada, providing a range of services that may include, but are not limited to, the following:

• Financial planning and advisory services
• Credit and lending information and guidance
• Investment information and financial education resources
• Account management and member financial services
• Online banking and financial transaction tools
• Budgeting and financial wellness resources
• Mortgage and loan application assistance
• Insurance product information and referrals
• Customer support and financial consultations

ACU reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of the services, temporarily or permanently, with or without notice. ACU shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. The availability of specific services may depend on your location, eligibility, and compliance with applicable Canadian federal and provincial regulations.

Our services are governed by applicable Canadian legislation, including but not limited to the Bank Act (R.S.C., 1985, c. B-1), the Financial Consumer Agency of Canada Act (S.C. 2001, c. 9), the Personal Information Protection and Electronic Documents Act (PIPEDA), and applicable provincial credit union or financial services legislation where applicable.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of ACU's Website and services, you agree to:

• Provide accurate, current, and complete information when registering for an account or using our services.
• Maintain the confidentiality and security of your account credentials, including usernames and passwords.
• Promptly notify ACU of any unauthorized access to or use of your account at [email protected].
• Use the Website and services solely for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, provincial, and local laws and regulations of Canada.
• Cooperate with ACU in any identity verification or anti-money laundering (AML) procedures as required under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).
• Keep your contact and financial information up to date in your account profile.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using our Website or services:

• Engaging in any fraudulent, deceptive, or misleading conduct in connection with our services.
• Using the services for any unlawful purpose, including money laundering, terrorist financing, or tax evasion.
• Attempting to gain unauthorized access to ACU's systems, servers, databases, or networks.
• Introducing viruses, malware, spyware, or any other malicious code into our systems or the Website.
• Harvesting, scraping, or collecting personal information about other users without their consent.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Using automated tools, bots, scripts, or other means to access or interact with our services in a manner not expressly authorized by ACU.
• Engaging in any conduct that interferes with or disrupts the operation of the Website or servers.
• Circumventing or attempting to circumvent any security measures implemented by ACU.
• Posting or transmitting any content that is defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable.
• Violating any applicable Canadian federal or provincial laws, including but not limited to consumer protection legislation, privacy laws, and securities regulations.
• Using our services for any commercial purpose other than those expressly permitted by ACU in writing.

ACU reserves the right to investigate and prosecute any violations of the above to the fullest extent permitted by law. ACU may involve law enforcement authorities and cooperate with investigations of suspected unlawful activity.

4. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and compilation of the Website ("Content"), are the exclusive property of ACU or its licensors and are protected by Canadian and international intellectual property laws, including the Copyright Act (R.S.C., 1985, c. C-42) and the Trademarks Act (R.S.C., 1985, c. T-13).

ACU grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with our services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content without prior written consent from ACU.
• Use any data mining, robots, scraping, or similar data gathering or extraction methods.
• Download or copy account information for the benefit of another person or entity.
• Use or reproduce any trademarks, service marks, trade names, or logos of ACU without prior written permission.

Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws and could result in civil or criminal penalties. ACU actively enforces its intellectual property rights to the fullest extent permitted by law.

If you believe that any content on the Website infringes your intellectual property rights, please contact us at [email protected] with full details of the alleged infringement.

5. Payment Terms and Financial Obligations

Certain services offered by ACU may be subject to fees, charges, or financial obligations. Where applicable, the following payment terms apply:

5.1 Fee Disclosure

ACU will clearly disclose all applicable fees before you commit to any financial product or service. Fee schedules and rate information will be provided in accordance with the requirements of the Financial Consumer Agency of Canada Act and applicable provincial consumer protection legislation.

5.2 Authorization

By agreeing to use a paid service, you authorize ACU to charge the applicable fees to your designated payment method or account. You represent and warrant that you are authorized to use the payment method you provide.

5.3 Late Payments and Default

Any amounts not paid by their due date may be subject to late fees, interest charges, or other penalties as disclosed in your specific product or service agreement. ACU reserves the right to suspend or terminate your access to services in the event of non-payment or default.

5.4 Refund Policy

Refund eligibility for any fees paid to ACU will be determined in accordance with the terms of your specific product or service agreement and applicable Canadian consumer protection laws. Fees related to financial transactions may be non-refundable as permitted by law.

5.5 Currency

All fees and charges are expressed in Canadian dollars (CAD) unless otherwise explicitly stated in a specific product or service agreement.

6. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, ACU PROVIDES THE WEBSITE AND ALL SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ACU expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranty that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, completeness, timeliness, or reliability of any information, content, or materials on the Website.
• Any warranty that defects in the Website will be corrected.

The financial information, tools, calculators, and educational content provided on the Website are for general informational purposes only and do not constitute financial, legal, tax, or investment advice. ACU strongly recommends that you consult with a qualified financial professional before making any financial decisions.

Market conditions, interest rates, and financial products are subject to change without notice. Past performance of any financial product or investment does not guarantee future results.

ACU does not warrant or guarantee any specific financial outcome from the use of its services. Financial products and services involve risk, and you should carefully consider your personal financial situation before proceeding.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CANADA, IN NO EVENT SHALL ACU, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Website or services.
• Any conduct or content of any third party on the Website.
• Any content obtained from the Website.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any financial loss, loss of data, loss of goodwill, or business interruption.
• Errors or omissions in any content or materials posted, transmitted, or made available through the Website.

This limitation applies regardless of whether the damages are based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and even if ACU has been advised of the possibility of such damages.

To the extent that any jurisdiction does not allow the exclusion or limitation of certain warranties or liability, the above limitations may not apply to you in full; however, they shall apply to the maximum extent permitted by applicable law.

In jurisdictions where limitation of liability is permitted, ACU's total aggregate liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount paid by you to ACU in the twelve (12) months preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100.00), whichever is greater.

Nothing in these Terms shall limit or exclude ACU's liability for fraud, fraudulent misrepresentation, death, or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable Canadian law.

8. Indemnification

You agree to defend, indemnify, and hold harmless ACU, its directors, officers, employees, agents, contractors, licensors, affiliates, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable legal fees and disbursements) arising from or related to:

• Your use of and access to the Website or services.
• Your violation of any provision of these Terms.
• Your violation of any applicable federal, provincial, or local law, regulation, or the rights of a third party.
• Any content you submit, post, or transmit through the Website.
• Your negligence or willful misconduct.
• Any misrepresentation made by you in connection with your use of our services.

ACU reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with ACU's defense of such claim.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Website and services.

9. Privacy and Data Protection

ACU is committed to protecting your personal information in accordance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws such as the Personal Information Protection Act (PIPA) of British Columbia and Alberta, and the Act Respecting the Protection of Personal Information in the Private Sector of Québec (Law 25).

The collection, use, and disclosure of your personal information in connection with the Website and services is governed by ACU's Privacy Policy, which is incorporated herein by reference and forms part of these Terms. By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy available at accu-ca.com.

ACU will not sell, rent, or trade your personal information to third parties for marketing purposes without your express consent, except as required by law or as necessary to provide our services.

10. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by ACU. ACU has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

ACU does not endorse or make any representations about third-party websites or the companies, products, or services described therein. Accessing third-party websites through links on our Website is at your own risk. We encourage you to review the terms of service and privacy policies of any third-party websites you visit.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Canada and the applicable laws of the province in which ACU principally operates, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

You irrevocably agree that the courts of competent jurisdiction in Canada shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation. You waive any objection to the exercise of jurisdiction over you by such courts and to the laying of venue in such courts.

These Terms are subject to applicable mandatory consumer protection provisions under federal and provincial Canadian law, which may provide you with additional rights that cannot be waived by contract.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, ACU encourages you to first attempt to resolve any dispute, claim, or controversy informally by contacting ACU directly at [email protected]. ACU will make reasonable efforts to resolve disputes informally within thirty (30) days of receiving written notice of a dispute.

12.2 Mediation

If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through non-binding mediation before a mutually agreed-upon mediator in Canada. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

12.3 Arbitration

If mediation does not resolve the dispute within sixty (60) days of its commencement, either party may refer the matter to binding arbitration in accordance with the applicable arbitration legislation of the governing province. The arbitration shall be conducted in English and shall take place in Canada.

12.4 Financial Services Ombudsman

As a financial services entity operating in Canada, ACU participates in or acknowledges the role of applicable external complaint handling bodies. If you are not satisfied with our response to your complaint, you may have the right to refer your complaint to the Financial Consumer Agency of Canada (FCAC) or another applicable ombudsman or regulatory body as appropriate.

12.5 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, collective, or representative action. If applicable law does not allow this restriction, the class action waiver shall be severed from these Terms, but the remaining provisions shall continue in full force and effect.

13. Term and Termination

13.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or services. Your rights under these Terms will terminate automatically and without notice if you fail to comply with any of the provisions herein.

13.2 Termination by You

You may terminate your use of the Website and services at any time by ceasing to use the Website and, if applicable, closing your account by contacting ACU at [email protected]. Termination of your account does not relieve you of any obligations you may have accrued prior to termination.

13.3 Termination by ACU

ACU reserves the right, at its sole discretion and without liability to you, to immediately suspend or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Breach or suspected breach of these Terms.
• Conduct that ACU determines, in its sole discretion, to be harmful to other users, third parties, or ACU's interests.
• Violations of applicable laws or regulations.
• Fraudulent, deceptive, or illegal activity.
• Non-payment of fees or financial obligations.
• Requests by law enforcement or regulatory authorities.

13.4 Effect of Termination

Upon termination of these Terms, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to These Terms

ACU reserves the right to modify, update, or replace these Terms of Service at any time at its sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page with a revised "Last Updated" date.
• Sending an email notification to the address associated with your account.
• Displaying a prominent notice on the Website's homepage or login page.

Changes will become effective thirty (30) days after posting, unless the changes are required by law, in which case they will become effective immediately. Your continued use of the Website or services after the effective date of any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must immediately stop using the Website and services and, if applicable, close your account.

15. Severability

If any provision, clause, or part of these Terms is found to be invalid, illegal, void, or unenforceable under applicable Canadian law by a court of competent jurisdiction or arbitrator, such provision shall be deemed severed from these Terms to the minimum extent necessary. The severance of any such provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect as if the severed provision had never been included.

In the event that a provision is severed, the parties agree that the court, arbitrator, or other tribunal shall, to the extent possible, give effect to the parties' original intention as reflected in the severed provision by modifying such provision to the minimum extent necessary to make it valid and enforceable.

16. Waiver

ACU's failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default, and no waiver shall be effective unless made in writing and signed by an authorized representative of ACU.

17. Force Majeure

ACU shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond ACU's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, governmental actions, labor disputes, power outages, internet disruptions, cyberattacks, or any other event beyond ACU's reasonable control ("Force Majeure Event"). ACU will use commercially reasonable efforts to resume performance as soon as practicable following the cessation of the Force Majeure Event.

18. Entire Agreement

These Terms of Service, together with ACU's Privacy Policy and any other legal notices or agreements published by ACU on the Website, constitute the entire agreement between you and ACU with respect to your use of the Website and services. These Terms supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written, relating to the subject matter hereof.

No oral or written information provided by ACU outside of these Terms shall create any warranty or expand the scope of these Terms. Any representations, promises, or guarantees not expressly set out in these Terms are not binding on ACU.

19. Language

These Terms of Service are written in the English language. In the event of any conflict or inconsistency between the English version and any translated version of these Terms, the English version shall prevail to the extent permitted by applicable law. Where required by law in the Province of Québec, a French version of these Terms will be made available upon request.

20. Compliance with Canadian Law

ACU operates in compliance with applicable Canadian federal and provincial laws and regulations, including but not limited to:

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to exercise any of your legal rights, please contact ACU using the following details:

ACU will endeavor to respond to all inquiries within ten (10) business days of receipt. For urgent matters related to account security or suspected fraud, please contact us immediately at [email protected] and mark your communication as urgent.