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Last Updated: December 15, 2024
Important Notice: Please read these Terms of Service carefully before using our financial services. By accessing or using VanCity Adviser services, you agree to be bound by these terms and conditions.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "Borrower", "you", or "your") and VahCity Adventures Inc., operating as VanCity Adviser ("VanCity Adviser", "we", "us", or "our"), located at 123 Main Street East, Winnipeg, R2H 3Y3, Canada. These Terms govern your access to and use of our financial services, investment advisory services, loan products, and related offerings.
By creating an account, submitting an application, or utilizing any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any additional terms applicable to specific services. If you do not agree to these Terms, you must not access or use our services.
You must be at least 18 years of age (or the age of majority in your province or territory of residence) and possess the legal capacity to enter into binding contracts under Canadian law. By using our services, you represent and warrant that you meet these eligibility requirements.
Our services are available exclusively to Canadian residents. You must provide a valid Canadian address and maintain residency in Canada throughout the duration of any financial agreement with VanCity Adviser.
You agree to provide accurate, current, and complete information during the registration and application process. You must promptly update your account information to maintain its accuracy. Providing false, misleading, or incomplete information may result in immediate termination of your account and denial of services.
VanCity Adviser provides the following financial services:
We reserve the right to modify, suspend, or discontinue any service at any time without prior notice. We do not guarantee that our services will be available at all times or that they will be uninterrupted or error-free. Service availability may vary by province or territory.
All loan applications are subject to credit approval and verification of information provided. Submission of an application does not guarantee approval or funding. We reserve the right to request additional documentation, conduct credit checks, verify employment and income, and assess your creditworthiness using third-party credit bureaus and financial institutions.
Loan amounts, repayment terms, and conditions vary based on the type of loan product and individual creditworthiness:
Specific loan terms will be outlined in your individual loan agreement, which will be provided upon approval and must be signed before funds are disbursed.
Upon approval and execution of the loan agreement, funds will be disbursed via electronic transfer to your designated Canadian bank account within 1-5 business days. Disbursement timing may vary based on banking institution processing times and verification requirements. You are responsible for ensuring that the bank account information provided is accurate and current.
Interest rates are determined based on multiple factors including but not limited to: credit score, credit history, debt-to-income ratio, employment status, loan amount, loan term, collateral (if applicable), and current market conditions. Your specific interest rate will be disclosed in your loan agreement prior to acceptance.
Current interest rate ranges for our loan products are as follows:
These rates are subject to change without notice and are provided for informational purposes only. Your actual rate may differ based on your individual circumstances and creditworthiness.
Fixed Rate Loans: The interest rate remains constant throughout the entire loan term, providing predictable monthly payments. Fixed rates are typically higher than initial variable rates but offer protection against rate increases.
Variable Rate Loans: The interest rate fluctuates based on changes to the Bank of Canada prime rate or other benchmark rates. Variable rates may result in lower initial payments but can increase over time. Your loan agreement will specify the index rate used and how rate adjustments are calculated.
Interest is calculated using the daily periodic rate method based on the outstanding principal balance. Interest accrues daily and is charged monthly. For mortgages, interest is compounded semi-annually, not in advance, in accordance with Canadian mortgage regulations.
The following fees may apply to loan applications and originations:
Prepayment terms vary by loan product:
You agree to make all payments in accordance with the payment schedule outlined in your loan agreement. Payments are due on the specified due date each month and must be received by 11:59 PM Eastern Time on that date to be considered on time. You are responsible for ensuring that sufficient funds are available in your designated payment account.
Accepted payment methods include:
We strongly encourage enrollment in automatic payment plans to ensure timely payments and avoid late fees.
You must promptly notify VanCity Adviser of any changes to your contact information, employment status, income, or financial circumstances that may affect your ability to repay your loan. Failure to provide updated information may result in additional fees, collection actions, or acceleration of your loan balance.
You agree to use loan proceeds only for lawful purposes as specified in your loan application. Loan funds may not be used for illegal activities, speculative investments, gambling, or any purpose prohibited by Canadian law. Misuse of loan proceeds may result in immediate loan acceleration and legal action.
For secured loans and mortgages, you must maintain adequate insurance coverage on any collateral securing the loan. This includes property insurance, mortgage insurance (if applicable), and any other insurance required by your loan agreement. You must provide proof of insurance upon request and name VanCity Adviser as loss payee or additional insured as appropriate.
You will be in default under your loan agreement if any of the following occur:
Upon default, VanCity Adviser may exercise any or all of the following remedies:
In most cases, you will have a right to cure period of 15 days from the date of default notice to bring your account current by paying all past due amounts plus applicable late fees. If you cure the default within this period, your loan will be reinstated to good standing. However, repeated defaults may result in loss of cure rights.
If you are experiencing financial hardship that affects your ability to make payments, we encourage you to contact us immediately at 204-555-1212. We may be able to offer temporary payment arrangements, loan modifications, or other assistance programs. However, such arrangements are at our sole discretion and do not waive any of our rights under your loan agreement.
VanCity Adviser provides investment advisory services as a registered investment advisor. Our advisors will work with you to develop investment strategies aligned with your financial goals, risk tolerance, and time horizon. All investment recommendations are based on information you provide and our professional judgment.
All investments involve risk, including the potential loss of principal. Past performance does not guarantee future results. Market conditions, economic factors, and individual security performance can cause investment values to fluctuate. You acknowledge that you understand these risks and that VanCity Adviser makes no guarantees regarding investment performance or returns.
Investment advisory fees are charged as follows:
Fees are typically deducted quarterly from your investment account. Detailed fee schedules will be provided in your investment advisory agreement.
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with all applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws.
We collect and use personal information for the following purposes:
We may share your personal information with:
We implement industry-standard security measures to protect your personal and financial information, including encryption, secure servers, firewalls, and access controls. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
You have the right to access, correct, and request deletion of your personal information, subject to legal and contractual limitations. You may also withdraw consent for certain uses of your information, though this may affect our ability to provide services. To exercise these rights or for questions about our privacy practices, contact us at 204-555-1212 or visit our office at 123 Main Street East, Winnipeg, R2H 3Y3, Canada.
By using our services, you represent and warrant that:
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components. We make no guarantees regarding loan approval, interest rates, or investment performance.
Investment advisory services do not guarantee profits or protect against losses. All investment decisions are made at your own risk. We are not responsible for market fluctuations, economic conditions, or the performance of individual securities. Past performance is not indicative of future results.
To the maximum extent permitted by law, VanCity Adviser and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our services or inability to use our services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising from these Terms or your use of our services shall not exceed the total amount of fees paid by you to VanCity Adviser in the 12 months preceding the claim.
Our services may include links to or integration with third-party websites, services, or products. We are not responsible for the content, accuracy, or practices of third parties. Your use of third-party services is at your own risk and subject to their terms and conditions.
You agree to indemnify, defend, and hold harmless VanCity Adviser, VahCity Adventures Inc., and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use or misuse of our services; (b) your breach of these Terms; (c) your violation of any law or regulation; (d) your violation of any rights of a third party; or (e) any false or misleading information provided by you.
These Terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of our services shall be resolved through binding arbitration in accordance with the Arbitration Act of Manitoba. The arbitration shall be conducted in Winnipeg, Manitoba, by a single arbitrator appointed in accordance with the rules of the ADR Institute of Canada. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Notwithstanding the arbitration provision, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm. Additionally, claims for amounts less than $5,000 may be brought in small claims court.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website or upon notice to you via email or account notification. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically. Material changes affecting existing loan agreements will be communicated with at least 30 days' advance notice.
You may close your account at any time by contacting us at 204-555-1212 or visiting our office. You remain responsible for all outstanding balances, fees, and obligations incurred prior to account closure. Closing your account does not relieve you of any obligations under existing loan agreements.
We may suspend or terminate your account and access to our services at any time, with or without cause, including but not limited to: breach of these Terms, fraudulent activity, providing false information, failure to make payments, or any conduct that we deem harmful to our business or other clients. Upon termination, all outstanding balances become immediately due and payable.
Upon termination of your account, you will lose access to our online services and account information. We will retain your information as required by law and our record retention policies. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to payment obligations, indemnification, limitations of liability, and dispute resolution provisions.
VanCity Adviser operates under applicable federal and provincial regulations governing financial services in Canada. We maintain all required licenses and registrations with relevant regulatory authorities, including provincial securities commissions and financial services regulators.
We comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and related regulations. We are required to verify your identity, monitor transactions, and report suspicious activities to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). You agree to provide all information and documentation necessary for us to fulfill these obligations.
Our lending practices comply with applicable consumer protection legislation, including provincial consumer protection acts and cost of credit disclosure requirements. You have certain rights under these laws, including cooling-off periods for certain transactions and the right to receive clear disclosure of loan terms and costs.
These Terms, together with your individual loan agreement, investment advisory agreement, Privacy Policy, and any other documents incorporated by reference, constitute the entire agreement between you and VanCity Adviser regarding your use of our services and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of VanCity Adviser.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, including your loan agreement, to any third party without your consent, including in connection with a merger, acquisition, or sale of assets.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party service providers.
These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency.
For questions, concerns, or complaints regarding these Terms or our services, please contact us:
VahCity Adventures Inc.
Operating as VanCity Adviser
Address:
123 Main Street East
Winnipeg, Manitoba R2H 3Y3
Canada
Phone: 204-555-1212
Business Hours:
Monday - Friday: 9:00 AM - 5:00 PM CST
Saturday: 10:00 AM - 2:00 PM CST
Sunday: Closed
Acknowledgment: By using VanCity Adviser services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must discontinue use of our services immediately.