1. The words "Application" and "Agreement" are used interchangeably to refer to the
"TERMS, CONDITIONS, ACKNOWLEDGEMENTS and AUTHORIZATIONS" set out
herein that govern the extension of credit by the "Creditor" to the applicant(s).
2. The person(s) signing the Application on the reverse side (the "Applicant") certifies and warrants:
(i) that the information disclosed herein is for the purposes of obtaining credit from the Creditor and is warranted to be true and accurate, and affirms that any credit approved and given to the Applicant is extended upon the basis of the information provided herein and upon the ongoing updated information to be supplied by the Applicant whenever the information contained in this Application changes or otherwise at the request of the Creditor;
(ii) that the Applicant has obtained the consent of the persons listed on the Application as personal references and hereby authorizes the Creditor to contact any person or company listed on the Application, a credit bureau and/or any other sources pertaining to the Applicant's credit and financial responsibility, and to take all steps necessary to confirm all of the information provided by the Applicant; and
(iii) that he/she has taken sole responsibility as the Applicant to forthwith advise the Creditor, throughout the ongoing course of the commercial relationship with the Creditor, in writing, of any changes in the information provided in this Application.
3. The Applicant, by applying for or accepting credit from the Creditor, hereby:
(i) consents to the Creditor's collection, use, and disclosure from time to time of the Applicant's personal information (including financial and credit information) from any source in connection with the credit hereby applied for, or any renewal or extension thereof, as the Creditor deems necessary for the following purposes:
(a) to assess the creditworthiness of the Applicant;
(b) to process this Application; (c) to extend, maintain or renew credit; (d) to collect and service the Applicant's credit account; (e) to comply with applicable laws; and (f ) with the Applicant's consent, to advise the Applicant about new products and services that may be of interest to him/her; and the Applicant hereby agrees that this executed Application (or any true copy thereof) shall be good and sufficient authority to the said sources for the release of such information;
(ii) consents to the disclosure by the Creditor of the Applicant's credit and/or personal information to credit bureaus or credit reporting agencies, or to any persons or entities with whom the Applicant has, or proposes to have, financial relations;
(iii) acknowledges that the Creditor reserves the right to disclose and/or transfer the Applicant's personal information (including credit information) to a third party in the event of aproposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of the Creditor or of any of the business or assets or shares of the Creditor or a division thereof in order for the Applicant to continue to receive the same products and services from the third party;
(iv) agrees to use the credit extended by the Creditor primarily for the use outlined in this application. The Applicant can make purchases up to the full amount of his/her credit limit, and agrees to pay the Creditor all amounts charged by the use of the credit, plus Annual Service Charges (as defined below) and the other fees described below, as provided in this Agreement;
(v) provides the Creditor with the right and authority, from time to time, to offset any payable due by the Applicant to the Creditor against any amount due by the Creditor to the Applicant if the Creditor's account should exceed the Creditor's authorized credit limit or is past due relative to the Creditor's terms;
(vi) agrees to accept the terms and conditions of this Application and any of the Creditor's current policies then in effect and brought to the Applicant's attention, to pay all sums due under this Agreement in respect of any purchase in full by the 20th day of the next month following the date of such purchase, or as otherwise stipulated in the invoice for specific goods or services and to pay interest at the rate of 2% per month (26.82% per annum calculated based upon a year of 365 days) compounded monthly ("Annual Service Charges") on any outstanding balances owing in respect of any purchase made prior to the end of the previous month.
(vii) unless otherwise required or permitted by law, the Creditor will provide the Applicant with a monthly statement of account at the end of each "Billing Cycle" (intervals of approximately one month beginning on the date of the previous monthly statement and ending on the day before the date of the current monthly statement) by way of an online or emailed electronic statement of account. Should the Applicant require a mailed paper statement, a fee will be applied monthly to their account. Such statement shall be deemed correct and accepted by the Applicant unless the Creditor has been notified to the contrary in writing within 60 days of mailing such statement. The Applicant may contact the Creditor during ordinary business hours to inquire about the status of his/her account or statement of account using the contact information listed at the bottom of this Application;
(viii) consents to the Creditor, at its sole discretion, charging any overdue account balances to the credit card account listed in the Application;
(ix) acknowledges that the Applicant is aware that complaints relating to failure to deliver, or insufficient quantity or quality of goods must be made in writing within 30 days of the date of invoice, failing which the customer is deemed to have accepted the invoice as an accurate statement of goods delivered and amounts owing and, to the maximum extent permitted by law, to have waived any claim as to failure to deliver or quality or quantity of goods and services indicated on the invoice;
(x) understands that until a credit limit is approved, the Applicant is subject to C.O.D. terms in respect of all purchases. The Creditor will establish and advise the Applicant of his/her credit limit. The Creditor may change the Applicant's credit limit at any time. The Applicant may request a change to his/her credit limit by contacting the Creditor using the contact information listed at the bottom of this Application. All decisions with respect to the extension, continuation or termination of the credit shall be at the sole discretion of the Creditor, and nothing herein shall obligate the Creditor to extend or continue to extend credit to the Applicant;
(xi) understands that any payment returned NSF will result in an additional administrative fee (subject to change with or without notice);
(xii) understands that returned items may be subject to a restocking fee of 15% with a minimum of $15.00 (subject to change with or without notice);
(xiii) acknowledges and agrees that in the event of default by the Applicant in any terms or conditions of this agreement, any and all reasonable costs incurred by the Creditor relating to the enforcement of the Agreement or the recovery of any monies owed under the Agreement shall be considered as part of the principal debt owing, shall bear interest at a rate of 26.82% per annum calculated based upon a year of 365 days (2% per month compounded monthly) and such sums shall include but not be restricted to legal costs on a substantial indemnity basis and reasonable fees of any collector or collection agency;
(xiv) acknowledges and agrees that, subject to applicable law, any payment by Applicant will be allocated in a manner determined by the Creditor in its sole discretion, which is subject to change from time to time. The Applicant agrees that currently, Creditor will apply payments first to the balance outstanding from the previous Billing Cycle (which includes outstanding balances of principal and any applicable fees and Annual Service Charges relating thereto), and then to any purchases made in the current Billing Cycle;
(xv) acknowledges that the Creditor may, upon notice to the Applicant, amend or vary the terms and conditions of this Agreement and the Applicant further agrees that the continued acceptance and use of the credit by the Applicant following notification that the terms and conditions of the Application have been varied or amended will be deemed acceptance by the Applicant of the varied or amended terms as of the effective date mentioned in the notice, both with respect to indebtedness incurred subsequent to such date and unpaid indebtedness at such date;
(xvi) recognizes that if more than one person signed the Application, each is jointly and severally responsible for all indebtedness under this Agreement regardless of which applicant takes delivery of the goods and/or services, and regardless of initial credit requirement or limit;
(xvii) acknowledges that the Applicant may close his/her credit account at any time by notifying the Creditor in writing. The Creditor may close or suspend the Applicant's credit account to future purchases at any time without prior notice but regardless of the closing or suspension of the Applicant's credit account, the Applicant hereby acknowledges and agrees that he/she (or if relevant, both applicants, jointly and severally) will remain responsible for paying the amount owed to the Creditor according to the terms of this Agreement;
(xviii) acknowledges that this Agreement replaces and supersedes any existing or prior agreements or applications for credit, whether oral or in writing, between the Applicant and the Creditor or any of its affiliates or predecessors; and
(xix) acknowledges that the interpretation of this Agreement will be governed by the laws of the province of Ontario and the laws of Canada applicable therein. This is the entire Agreement between the Applicant and the Creditor and no oral changes can be made. Invalidity of any provision of this Agreement shall not affect the validity and enforceability of the remainder of its terms. This Agreement may not be assigned by the Applicant.
4. The Applicant may withdraw consent to the collection, use, and disclosure of personal information by giving the Creditor reasonable written notice using the contact information at the bottom of this Application. The Creditor will inform the Applicant of the implications of withdrawing consent. The withdrawal of consent still allows the Creditor to use and disclose personal information to collect or enforce payment of amounts owing as a result of prior or continuing dealings with the Creditor. The Creditor confirms that personal information will not be used or disclosed for any other purposes without the Applicant's prior written consent. The Creditor will not, as a condition of the granting of credit, require the Applicant to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.
5. The Creditor may, in its sole discretion, issue to the Applicant a card-lock device which enables the Applicant to charge fuel purchases to the Applicant's credit account with the Creditor (the "Fuel Card"). The Applicant, by applying for or accepting credit from the Creditor, hereby:
(i) acknowledges that by signing this Application, he/she may also be eligible to receive a Fuel Card issued by the Creditor. The Creditor will only issue a Fuel Card, in its sole discretion, at the request of the Applicant, but in no event is the Creditor obligated to issue a Fuel Card to the Applicant;
(ii) agrees to promptly notify the Creditor using the contact information listed at the bottom of this Application of any suspected loss, theft, fraud, or unauthorized use of the Applicant's Fuel Card. If that notice is given orally, the Applicant further agrees to thereafter confirm it in writing to the Creditor. The Applicant acknowledges and agrees that he/she may be liable for the unauthorized use of his/her Fuel Card before notice has been provided to the Creditor, orally or in writing, but in no event shall his/her liability exceed $50; and
(iii) acknowledges that, except as noted otherwise, the amount of interest payable on purchases made using the Applicant's Fuel Card will be as set forth under 3(vi) above (subject to change with notice).
6. By signing the reverse side of this Application, the Applicant acknowledges that he/ she has read, understood and agrees to the above terms and conditions and that such terms and conditions will apply to all purchases made by the Applicant upon approval of credit, unless otherwise stated in writing.