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IMPORTANT:
BY ACCESSING AND USING THIS WEB SITE, YOU AGREE TO BE LEGALLY
BOUND BY THE FOLLOWING TERMS AND CONDITIONS. PLEASE SPECIFICALLY
SEE SECTIONS 9 AND 10, WHICH OUTLINE THE LIMITS OF THE SERVICE
PROVIDER'S LIABILITY.
Please see the Glossary
of Terms for the definition of certain terms used in this
Agreement.
Specific services and products you access through the Farm Credit Canada (FCC) Web site may be subject to additional terms and conditions as indicated on the applicable Web pages.
2. User IDs and Passwords
If you are using passwords, you agree as follows:
- Password Confidentiality: You agree to keep
your user ID and password absolutely confidential and to ensure
your password is never disclosed, accidentally or otherwise, to
anyone at any time. You are solely responsible for the maintenance
and security of your user ID and password. You also agree to follow
the password rules set by FCC including, at a minimum, the rules
set out in the FCC Security
Policy as amended from time to time.
- Use of User ID and Password: You are responsible
for all consequences and losses relating to the use of your user
ID and password and for all transactions authorized through your
user ID and password, whether or not you authorized that use.
The only exception to this is if you prove to FCC's satisfaction
that you did not in any way enable another party to find out your
password, nor did you disclose your password to another party.
If you know or suspect your user ID and password are being misused,
you must:
- as soon as possible, notify FCC by phone or in writing as
specified in section 2(c); and
- immediately change all your passwords (please see the login
confirmation screen of the Registered User Area portion of
the FCC Web site for information on how to change passwords).
Upon receipt of such notice, FCC will make reasonable efforts
to prevent misuse of your user ID and password. Further, you
may request by phone or in writing as specified in section 2(c)
that FCC halt all electronic transactions. Upon receipt of such
notice, FCC will make reasonable efforts to comply with your
request and you will not be responsible for unauthorized electronic
transactions that are submitted one business day after actual
receipt by FCC of such notice.
- Notice:
You may notify FCC by phone by calling the FCC Customer Service
Centre toll-free at 1-888-332-3301. FCC reserves
the right to ask validating questions prior to accepting any instructions
by telephone. FCC does not accept any liability for failing to
ask validating questions. Notice in writing may be made to the
following address:
Farm Credit Canada
1800 Hamilton Street
P.O. Box 4320
Regina, Saskatchewan S4P 4L3
Attention: Customer Service Centre
Fax: 1-800-284-6436
All written notices must be dated and signed by you and
sent by fax or double registered mail (receipt acknowledged).
Do not send the notice by regular mail.
3. Electronic Instructions
FCC will treat your electronic instructions as documents written
and signed by you. You acknowledge that an electronic instruction
is final and you cannot object to it later. FCC may, at its sole
discretion, decline to act on electronic instructions and shall
not incur any liability for failing to do so. FCC may maintain
a database of your electronic instructions and electronic transactions.
FCC records of your electronic transactions will be conclusive
and binding on you in any disputes, including any legal proceedings,
as the best evidence of your electronic transactions in absence
of clear proof that FCC records are wrong or incomplete.
You are responsible for following the security procedures set
out in FCC Security
Policy as amended from time to time.
By accessing and using this Web site, you acknowledge and accept
FCC's Privacy
Policy as amended from time to time. FCC strongly encourages
you to review FCC's privacy policy.
The informational content of this Web site is for general educational
and reference purposes only. It is not intended to provide specific
farm management, financial, tax, legal, technical or accounting
advice and it is not intended to be used as a substitute for specific
professional advice. You should not act upon the information without
seeking professional advice. You assume all responsibility for
using the information contained in this Web site and any information
you may access through this Web site.
8. External service providers
In order to effectively operate its Web sites and administer
its computer systems, FCC uses external service providers. As
a result, much of your personal information may be stored on computer
systems owned and operated by these outside providers. These service
providers are bound by a contract with FCC to treat all personal
information they receive in a manner consistent with the provisions
of the Privacy
Act.
The content of this Web site may be protected by copyright. You
may not copy, distribute or otherwise publish any content protected
by copyright without obtaining permission of the copyright owner.
You are granted a limited license to display and print the information
for personal (including your agricultural enterprise) purposes
only. Any other use or distribution of the content, in whole or
in part, is prohibited without the written consent of the author.
FCC or the Information Provider retains intellectual property
rights on all content within the Web site.
10. Limitations of Liability
- In addition to the other limitations on FCC liability contained elsewhere in this Agreement, FCC liability for loss or damages arising under this Agreement will be limited in the aggregate to direct damages arising out of the failure of FCC employees to take commercially reasonable steps to comply with FCC obligations under this Agreement. FCC liability in such an event is limited to up to the greater of $500 Cdn and the fee paid for the applicable service over the previous 12 month period.
- Under no circumstances shall FCC, its directors, officers, employees, agents, representatives and information providers, including Her Majesty in right of Canada, their subcontractors or their agents, directors, officers or employees, be liable to you or any third party:
- for any direct (except as set out in 9(a) above), indirect, special or consequential damages including loss of profits and loss of business opportunities, that result in any way from access or use of the Web site;
- for any losses, damages or expenses:
- arising out of your use of any services or products or access to the Internet or any part thereof; or
- arising out of your reliance on or use of information services or merchandise provided on or through the Web site; or
- that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparation or transmission or failure of performance not directly attributable to the wrongful acts of FCC employees;
- if you make a mistake when inputting an electronic instruction;
- if you fail to log off when you leave your personal computer and someone else accesses your account or any service;
- if, for any reason, you cannot access your account or any service through an electronic
access device or the services do not function;
- for any harm or loss to your personal computer or any records or data;
- for any losses, damages or expenses (including legal fees) arising out of any allegation, claim, suit or other proceeding based on a contention that the use of the Web site by you or a third party infringes the intellectual property rights or contractual rights of any third party; and
- for any losses, damages or expenses arising due to events beyond FCC's reasonable control.
- The limitations of liability described in this Agreement shall apply regardless of whether the cause of action is in contract (including, without limitation, breach of a fundamental term) or tort (including, without limitation, negligence).
- Legislation may exist in some provinces that, in certain circumstances, restricts the application of the limitations of liability described in this Agreement. The limitations of liability contained in this Agreement shall apply to the furthest extent allowed by law, but shall not apply to the extent (if at all) they are contrary to applicable law.
To the fullest extent permitted by law, FCC provides the Web
site and content on an "as is, where is" basis and does
not make any express or implied warranties, representations, endorsements
or conditions with respect to the Web site or the content. This
includes, without limitation, warranties as to merchantability,
operation, non-infringement, usefulness, completeness, accuracy,
currentness, reliability and fitness for a particular purpose.
Further, to the fullest extent permitted by law, FCC does not
represent or warrant the following:
- that the Web site will be available and meet your requirements;
- that access will be uninterrupted;
- that there will be no delays, failures, errors or omissions
or loss of transmitted information;
- that no viruses or other contaminating or destructive properties
will be transmitted; or
- that no damage will occur to your computer system.
You have sole responsibility for adequate protection and backup
of data and/or equipment and to take reasonable and appropriate
precautions to scan for computer viruses or other destructive
properties.
Certain names, words, titles, phrases, logos, icons, graphics
or designs in the pages of this Web site may constitute trade
names, trademarks or service marks of FCC. The display of trademarks
on pages at this Web site does not imply that a license of any
kind has been granted.
Links to Web sites outside FCC are meant for convenience only.
No endorsement or guarantee of any third party information, products
or services is expressed or implied by any information, material
or content referred to or included on, or linked from or to, this
Web site. FCC makes no representations whatsoever about any other
Web site or information that you may access through this one.
FCC does not assume any liability or responsibility whatsoever
for the operation of, or content at, any of the linked resources,
nor for any of the interpretations, comments or opinions expressed
therein.
The Web site is located and hosted in Regina, Saskatchewan. This
agreement and any disputes or actions arising from the Web site
or any content shall be governed by the laws of the Province of
Saskatchewan, Canada. You hereby submit to the exclusive jurisdiction
of the courts of Saskatchewan, Canada, and agree to bring any
action exclusively in such courts.
The services and content described in the pages of this Web site
are not all available outside Canada. Please be aware of the laws
of your country or that otherwise apply to you in relation to
any of the matters described in these pages. For information specific
to jurisdictions outside Canada, please contact your financial
adviser or other qualified persons.
Changes may be made to the terms and conditions contained in
this document at any time by FCC, without notice, by updating
this posting. You agree to review the terms and conditions contained
in this document regularly and your continued access or use of
the Web site will mean that you agree to any such changes.
FCC reserves the right to terminate any service or your use of
any service at any time.
Any provision of this Agreement that is, deemed to be, or becomes
void, illegal, invalid or unenforceable shall be severable from
this Agreement and shall not impair the remaining provisions of
this Agreement.
The parties to this Agreement have required that this Agreement
and all deeds, documents and notices related to this Agreement
be drawn up in the English language. Pour la version française
de cette entente, cliquez
ici.
- In addition to and without, in any way, limiting your other
obligations pursuant to this Agreement, if you have been given
common view rights, you hereby agree to protect the confidentiality
of the personal and/or business information of all of the business
entities or individuals whose accounts you are able to access
pursuant to your common view rights.
- You agree to indemnify FCC for any losses, damages, expenses
or costs incurred or suffered by FCC as a result of your failure
to comply with this section 19.
20. Warranty of Authority
If you are viewing accounts of or submitting electronic instructions on behalf of business entities or other individuals, you agree to the provisions of this Agreement on your own behalf and on behalf of such business entities or other individuals. Further, you warrant you have authority to legally bind such business entities or individuals to the provisions of this Agreement.
Access Device |
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Means any device that allows you to use or access an account
or service through the Web site including, without limitation,
personal computers or Web-enabled devices
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| Account |
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Means any account you have with
FCC
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| Agreement |
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Means this online agreement
as well as any documents or schedules incorporated by reference
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| Business Day |
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Means Monday to Friday, inclusive,
excluding holidays recognized by FCC
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| Common View |
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Means the ability to view (and,
if applicable, transact business on) accounts of multiple business
entities or individuals at the same time using the same user
ID and password
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| Content |
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Means individual items of information,
software links or other Web sites and other material provided
in or accessible through the pages of this Web site
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| Electronic Instruction |
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Means any instruction regarding
an account or service that is transmitted through an access
device
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| Electronic Transactions |
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Means transactions that can
be completed using a service based on an electronic instruction
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| FCC |
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Means Farm Credit Canada or
its successors or assigns
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| Information Provider |
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Means any third party who provides
FCC with content for the Web site
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| Password |
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Means the combination of alpha-numeric
characters you select from time to time as a means of FCC identifying
you and enabling you to access an account or service
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| Registered User Area |
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Means the area of the Web site
that is restricted to access by individuals who have User IDs
and passwords
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| Services |
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Means the services offered by
FCC
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| User ID |
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Means the unique user number
identifier used by you to access your service or account
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| Web Site |
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Means all Web pages and
files posted by FCC under the domains www.fcc-sca.ca, www.sca-fcc.ca,
www.fcc-fac.ca, www.fac-fcc.ca, www.agexpert.ca, www.fccventures.ca
as amended from time to time by FCC
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| You and Your |
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Means the individual accessing
and using the Web site and includes any corporation, partnership,
co-operative or other legal entity on whose behalf such individual
is accessing and using this Web site
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