The Service as described in these terms and information made available to users by the Fédération des caisses Desjardins du Québec (hereinafter called "Desjardins") via Desjardinsmyuscard.com are covered by the terms and conditions described below. By registering for and using the Desjardinsmyuscard.com site, you agree to abide by these terms and conditions.
Desjardins reserves the right to change the terms and conditions at any time without advance notice. In such cases, Desjardins may post change notices directly on the site or may insert links to such change notices.
Any use of the masculine gender on Desjardinsmyuscard.com is for the sole purpose of brevity; it is not, in any way, intended to be discriminatory.
- Jurisdiction
- Definitions
- Description of services
- Transactions carried out using the Service
- Protection of personal information
- Username, passwords and security
- Restrictions on use of content
- Links to outside Web sites
- Financial information
- Transaction accuracy
- Information use and storage
- Changes made to the Service
- Termination
- Dealings with merchants
- Desjardins and intellectual property
- Warranties
- Limitation of liability
- Copyrights and trademarks
- Miscellaneous
1. Jurisdiction
The site will be governed by and construed in accordance with the laws of the province of Quebec. All disputes, controversies, or claims arising out of or in connection with the site shall be submitted to and be subject to the jurisdiction of the courts of the province of Quebec. Thus, in the event of any suit, action, or proceeding arising out of or in connection with this site, the courts of the province of Quebec will have exclusive jurisdiction.
2. Definitions
Username: name chosen by the user when registering for the Service.
Password: the user's personal and confidential password.
Personal questions: two questions chosen by the user, the answers to which are specific to, and known only by, the user. The user may be asked these questions when logging on to the Service.
3. Description of services
The Fédération des caisses Desjardins du Québec ("Desjardins") currently provides users with a selection of online functions associated with the US card. These functions are available through the Service. The Service includes functions such as the possibility of viewing the balance and recent transactions, the possibility of viewing the statement, the possibility of signing up to the e-statement, the possibility of using the modifications form and the possibility of transmiting a trip notification.
Unless otherwise specified, any new feature that enhances or augments the Service will be subject to the Terms of Use in effect for this site.
The user is responsible for paying the costs associated with use of the Service, such as Internet connection charges or fees charged for connecting to networks that provide access to Internet content. As well, the user is responsible for acquiring any equipment needed for such connections.
4. Transactions carried out using the Service
The user acknowledges that his/her personal questions are security measures required to verify his/her identity, as well as that of the Service. He/she also acknowledges that use of one of his/her access codes, with the password linked to it, is equivalent to his/her authentic signature and allows him/her to carry out various transactions via the Service (e.g. access to information, account modification requests…).
5. Protection of personal information
Desjardins is keenly aware of the need to protect the security and the privacy, particularly in regard to any information provided to Desjardins while making use of the Service.
If the user must provide his/her e-mail address or other contact information to use certain features of the Service (e.g. registration to e-statements), this information is used by Desjardins only to effectively provide the feature and, subject to applicable laws and prior consent of the user, is never shared with third parties.
For the purposes of managing the website, the Fédération shall call upon a US-based service provider. The user therefore acknowledges that by using the website, their information may be processed and stored in the United States. The user is therefore advised that the United States governments, courts and regulatory authorities may be able to access such information under the applicable laws of that country.
6. Username, passwords and security
When the user registers for the Service, he/she must choose a username, two personal questions and a password that will enable him/her to access the Service.
The user agrees not to choose a username and a password that may be easily discovered (e.g. date of birth, address, postal code, social insurance number, health insurance number or driver's licence number); otherwise, it shall be presumed that he/she contributed to the unauthorized use of the Service, if applicable.
The user agrees not to divulge any of his/her username, password or answers to personal questions to anyone, in any way whatsoever, and not to write them on any of his/her US credit cards nor on any other document that may be easily consulted, in which case it shall be presumed that he/she contributed to the unauthorized use of the Service and shall be held liable, if applicable, for any operations carried out in violation of an agreement concluded with him/her, or for any fraudulent act related to his/her rights.
The user alone is responsible for protecting the confidentiality of his/her username, answers to his/her personal questions and password as well as the confidentiality of any actions undertaken in regard to the identification or password authentication process.
Should the user become aware of the loss of confidentiality of his/her username, answers to his/her personal questions or password or suspect that his/her username, answers to his/her personal questions or password are known by a third party, he/she agrees to change them immediately; otherwise, he/she shall be held liable for any damage(s) occurring as the result of any operations carried out with this password.
Moreover, the user is responsible for immediately notifying Desjardins about any unauthorized use of his/her username or password and any other security breach, as well as for taking every possible precaution to ensure that the user enjoys the Service under optimal security conditions.
Desjardins is in no way liable for any loss or damage arising from a failure to comply with the requirements described in this Section.
7. Restrictions on use of content
It is prohibited to reproduce by any means whatsoever the information, data, text, software, music, sounds, photos, images, videos, communications and other materials (collectively "Content") included with the Service.
More specifically, it is prohibited to:
- forge headers or otherwise manipulate content transmitted through the Service
- upload, post, e-mail, transmit or otherwise make available any Content that contains computer viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer, application or telecommunications equipment (this list may include other elements without limitation)
- interfere with, disrupt, or make abusive use of the Service, or servers or networks connected to the Service, or refuse to comply with any requirements, procedures, general regulations or regulatory provisions applicable to networks connected to the Service
- collect and store personal information relating to other users
- sell, resell or operate on any commercial basis whatsoever any portion of the Service or any use of the Service or access privileges associated with the Service
8. Links to outside Web sites
The Service or third parties may include links to other Web sites or other Internet sources. Since it has no control over these outside sites and sources, Desjardins is not responsible for their availability, nor can it assume any responsibility for the content, links, advertising, products, services or other materials made available by or through such external sites or sources. Furthermore, Desjardins is not liable for any loss or damage, caused or alleged to be caused by, or arising in connection with, the use of or reliance on Content, products and services made available on these outside sites or sources.
Consequently, it is up to you to exercise discretion in your use of such Content. Likewise, you are responsible for assuming all inherent risks, particularly when you rely on the timeliness, usefulness or completeness of the content made available on or through the sites or sources referred to by the Service.
Links leading to software download sites are provided for your convenience; Desjardins is not liable for any difficulty arising from the download of any such software applications.
Links to other sites do not indicate that these outside sites endorse Desjardins or its products and services.
9. Financial information
Stock quotes, investment fund values, exchange rates, interest rates and other similar financial data as well as the various product features posted on Desjardinsmyuscard.com are provided for your information only. This information originates from a variety of sources and is updated on a regular basis. Despite every effort to present information that is as up to date as possible, Desjardins, its officers, managers, employees and agents are in no event responsible for the consequences of any inaccurate information or for any damage sustained as a result of using such information.
10. Transaction accuracy
The user accepts that the accuracy of transactions carried out using the Service is subject to verification and he/she authorizes Desjardins to proceed with any rectification of the US credit card accounts accessible via the Service, in the event of an inaccuracy or error, within ten (10) business days following such transactions.
The user agrees to promptly verify all entries in his/her US credit card account statement and to notify Desjardins of any errors, omissions, mistakes or other irregularities within thirty (30) days of receiving his/her US credit card account statement. Online statements are deemed to have been received the day after the end of the statement period.
11. Information use and storage
Desjardins may establish general rules and deadlines concerning use of the Service. This may include, without limitation, determining the maximum number of days of account inactivity and the maximum number of times the user may access the Service during a given period of time (as well as the maximum duration of each access session).
12. Changes made to the Service
Desjardins reserves the right at any time to change, temporarily suspend or terminate the Service in whole or in part without informing the user in advance. In no event will Desjardins be liable to the user or to any third party for a modification, suspension or termination of the Service.
13. Termination
Desjardins reserves the right to terminate access privileges in whole or in part relating to the username and password and to even delete the username and password.
Desjardins also has the right to remove or relocate any Content made available as part of the Service. This may be done for any reason, including lack of use or in situations where Desjardins has good reason to believe that the user has violated the Terms of Use applicable to this site.
Any termination of the user’s access to the Service consistent with the established Terms of Use will take place without advance notice of any kind. Desjardins also reserves the right, at any time, to deactivate or delete with immediate effect any folder or any file within a folder, and/or to prohibit future access to such files or to the Service itself.
In no event will Desjardins be liable to the user or to any third party for the termination of his/her Service access.
14. Dealings with merchants
Any dealings with merchants relative to the Service are strictly between you and the merchants concerned. This applies to any correspondence, business relationship or participation in promotions organized by merchants through the Service, including the payment and delivery of goods or services, and, if applicable, any other terms, conditions, warranties or representations arising from these transactions. Consequently, Desjardins will in no way be liable for any loss or damage of whatsoever
nature arising from such dealings or, more generally, from the participation of merchants in connection with the Service.
15. Desjardins and intellectual property
The Service and any software or applications used in connection with the Service ("Software and Applications") may contain confidential information protected by existing intellectual property laws or other legislation.
Content included on the site or in advertising and information made available as part of the Service, or presented by merchants in connection with the Service, are protected by the laws applicable to copyright, trademarks and patents and by any other rights set forth in existing legislation, and are the intellectual property of Desjardins, its licensors or the person recognized as the Content supplier.
The site is protected by copyright legislation as a collective work or compilation as defined in Canadian and foreign laws.
Except as expressly authorized by Desjardins or by a merchant, it is strictly prohibited to:
- copy, alter, rent, borrow, sell, distribute or create derivative works based in whole or in part on the Content, the Service or related Software and Applications;
- reverse engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law) or to sell, assign, sub-license or transfer in any way the rights attached to the Software and Applications;
- modify the Content or the Software and Applications in any way or to use modified versions of the Software and Applications in order to gain unauthorized access to the Service or for other purposes not limited to this;
- access the Service by any means other than the interface provided to you by Desjardins for this purpose; or
- use the site or its Content, in whole or in part, except as expressly fixed by these Terms of Use.
16. Warranties
- The Service is provided to the user and is accessible to the user based on its availability. Desjardins makes no warranties, either express or implied, including but not limited to warranties as to the quality of the Service or its fitness for a particular purpose, or as to the non-infringement of the Service's Terms of Use by users.
- More specifically, Desjardins does not warrant that:
- the Service will operate without interruption or error or in a secure and timely manner
- results obtained by using the Service will be accurate and reliable
- the quality of any product, service, information or other materials purchased or obtained by you in connection with the Service will meet your expectations
- defects in the Software and Applications, if any, will be rectified
- The user alone will be responsible for any damage sustained by his/her computer or any loss of data that may result when downloading material
- No advice or information, whether oral or written, obtained by the user from Desjardins or in the course of using the Service may be construed as creating any warranty not expressly stipulated in the site's Terms of Use.
17. Limitation of liability
To the fullest extent possible pursuant to applicable law, Desjardins will in no way be liable for any direct or indirect damage, including without limitation the loss of profits, customers or data, or other loss of intangible assets, even if Desjardins has been advised about the possibility of such damage, that may arise:
- from the use or inability to use the Service
- following unauthorized access to the Service by a user or following a change in his/her transmission or database
- from the actions or conduct of a third party in the course of using the Service
18. Copyrights and trademarks
All information on this Website is protected by copyright. Users may only copy its contents for their own personal use. No one may redistribute, reproduce, republish, store in any medium, retransmit, or modify the information on this Web site for commercial purposes without the written authorization of Desjardins, or make public use thereof without crediting the source.
All trademarks and logos (including certain names, words, titles, drawings, illustrations and icons) appearing on the site are trademarks or registered trademarks of Desjardins or third parties. Any use of these trademarks is strictly forbidden without the owner's written authorization. Any unauthorized downloading, retransmission, or other copying or modification of trademarks and/or site content may be a violation of federal or other laws applying to trademarks and/or copyrights and could subject the copier to legal action.
19. Miscellaneous
The Service Terms of Use represent the entire agreement between Desjardins and the user with regard to use of the Service and they supersede any prior agreement between the user and Desjardins concerning use of the Service. The user may also be subject to additional Terms of Use specific to certain services, third party content and third party software that will be disclosed to the user once the user accesses such services, content or software. The failure by Desjardins to exercise any rights conferred upon it by virtue of the Terms of Use in no way constitutes a waiver of such rights. Should any provision of these Terms of Use be judged to be invalid by the decision of a court, all other provisions will remain in effect and continue to apply. The section titles in the Terms of Use are provided for information purposes only and have no legal effect.
Finally, the use of some Desjardins services may require compliance with additional or specific rules, conditions, provisions or guidelines that will be set forth in a separate agreement. Such rules and guidelines will be considered an integral part of these Terms of Use. In the event of any disagreement or confusion between the Terms of Use and the separate agreement, the latter will prevail.
The user acknowledges that Desjardins may, unilaterally and without prior notice, change these Terms of Use.