Terms of Use

These Terms of Use are the conditions for access and use of FCC’s websites (the “Website”) and an FCC Mobile App (collectively the "Platform"). The Terms of Use contain the following two parts:

  • Part 1: General Terms of Use for All FCC Websites and an FCC Mobile App. This part applies to all access to and use of the FCC Website and an FCC Mobile App.

  • Part 2: Additional Specific Terms – Electronic Access Agreement. This part applies to all specific products and services offered by FCC on the Website and an FCC Mobile App.
     

Please read both parts of the Terms of Use carefully.

Part 1: General Terms of Use for All FCC Websites and an FCC Mobile App
 

Definitions
Acceptance of Terms
Additional Terms
Ownership and Monitoring
Use of Platform
Links and Downloads
FCC Mobile App
Disclaimer of Warranties
Ownership of Content – Intellectual Property and Trade Marks (Official Marks)
Availability of services and products
Privacy and Confidentiality
Limitation of Liability
Indemnity
Reservation of Rights
Official languages
Governing Law
Social Media

These General Terms of Use are to be read together with any specific terms or agreements provided in Part 2 or in other pages of the Website or a Mobile App (the “Specific Terms”). In the event of a conflict between these General Terms of Use and any Specific Terms, the Specific Terms will govern. 

Definitions:

“FCC” means Farm Credit Canada

“Information” means the information, materials and content provided on the pages of the Website or within a Mobile App

“Information Provider” means any third-party that provides Information for the Website or the Mobile App

"Mobile App" means any mobile application owned and made available by FCC for the purposes of providing services and Information to Users

"Platform" means the Website, a Mobile App, as well as any other platform for service delivery made available by FCC from time to time

“Users”, “You” or “you” means any person having access to our using a Website, a Mobile App or services or products offered through the Website or a Mobile App

“Website” means all websites and pages owned or operated by FCC including FCC’s public website, FCC Online Services, FCC Management Software Community websites, FCC Vision website, and Agriculture More Than Ever website, as amended from time to time by FCC 

  1. Acceptance of Terms

Please read these Terms of Use carefully. By using this Platform, you are agreeing to be legally bound by these terms. If you do not agree with these terms please do not use this Platform. FCC may, in its sole discretion, make changes to these Terms of Use at any time and without notice to you by updating this posting. You should view this page each time you visit this Platform since your use of this Platform after any such revisions will constitute acceptance of such revised terms.  

  1. Additional Terms

FCC may offer particular services and products through this Platform (such as online financial services or user forums), which are subject to additional terms, conditions or user requirements. Additional or Specific Terms will be provided for such services and products, if offered, and those terms will become part of these Terms of Use. FCC may, in our sole discretion, add, delete or change some or all of our services at any time without notice.  

  1. Ownership and Monitoring

The services and products on this Platform are owned by FCC. FCC may, but is not obligated to, monitor your access to, use of and other activities relating to the Platform and you consent to such monitoring. You also agree that FCC may intervene in your use and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Platform properly or to protect itself or other users of the Platform. Any such disclosure shall be in accordance with FCC’s Online Privacy Policy. 

  1. Use of Platform

(a) At FCC’s sole discretion, FCC may terminate the use, or refuse to permit the use, of any services and this Platform by any person or entity, for any reason and without notice.

(b) All information, services, and products are subject to change at any time without notice. The content of FCC’s Platform is provided for information purposes only, unless otherwise indicated, and is not intended to provide specific financial, investment, tax, legal, or accounting advice to Users, and should not be relied upon for that purpose. Users should not act or rely on the Information without seeking the advice of a professional.

(c) Users agree not to introduce into or through this Platform any information or material which may be harmful to others. Among other things, Users agree not to include, knowingly or otherwise, any error or defect in information which may, among other things, constitute libel, slander, or defamation, or give rise to a criminal offence or civil liability on the part of any person or entity. Users warrant that information or material which they provide to FCC electronically through their access to or use of this Platform does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, Users shall not:

(i) interfere with or disrupt this Platform or computer networks connected thereto;

(ii) impersonate any other person or entity, or make any misrepresentation;

(iii) upload, post, transmit, publish, or distribute any material or information for which they do not have all necessary rights;

(iv) upload, post, transmit, publish or distribute any material or information which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of this Platform;

(v) use this Platform in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of this Platform or FCC’s computer or network systems;

(vi) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any Information, product, solution or service offered within this Platform;

(vii) violate any law or regulation, any generally accepted Internet practice, or interfere with any other User's ability to use this Platform and any of the services, solutions or products provided on this Platform; or

(viii) forge, alter, or modify in any way any of the agreements, policies, reports, or other Information posted or accessible within this Platform. 

  1. Links and Downloads

(a) Hypertext links to other Websites are provided for convenience only and do not constitute an endorsement by FCC of such Websites or the material, content or services provided therein. Such Websites are independent from, and not within the control of, FCC. Before using such Websites, you should review their terms of use and privacy policies.

(b) Any links to downloadable software sites are for convenience only and FCC is not liable for any difficulties or consequences associated with downloading the software. Use of any software is governed by the terms of the license agreement, if any, that accompanies or is provided with the software. 

  1. FCC Mobile App

(a) An FCC Mobile App is a tool that will enable you to use a mobile device to access the Information and products and services provided by FCC.

(b) You may not have access to all of the same services, features, functionality, content or information through a Mobile App as you may be able to access, for example, through FCC Online Services.

(c) FCC may use in-app messages to communicate with you from time to time regarding your use of a Mobile App, including the following:

(i) to secure your permission for a request (like push notifications, agreeing to updated terms and conditions, etc.);

(ii) to encourage discovery of app features and/or to provide linking from the home screen to another part of the app;

(iii) to initiate real-time chat sessions; and/or

(iv) to make FCC announcements.

(d) If FCC upgrades, updates or modifies a Mobile App (including patches and new versions, etc.) (an "Update"), you may be required to promptly install and use the Update in order for you to be able to continue to access and use a Mobile App. FCC will provide you with prior notice of the Update. FCC is under no obligation to make any Updates.

(e) FCC may suspend, cancel or block your access to or use of a Mobile App at any time and for any reason, without notice or liability to you.

(f) You are responsible for any fees or other charges imposed by your mobile device and/or network services provider. It is your responsibility to determine if your mobile device and/or network services provider supports a Mobile App or if your mobile device is capable of accessing the internet.

(g) Mobile App Services may not be available for use in locations outside of Canada. 

  1. Disclaimer of Warranties

(a) All Information and services on this Platform are provided on an "as is" basis without warranty of any kind, either expressed or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement.

(b) By accessing and using the Platform you acknowledge and agree that use of the Platform and the content is entirely at your own risk. FCC makes no representations or warranties regarding the Platform and the content, including, without limitation, no representation or warranty (i) that the Platform and/or content will be accurate, complete, reliable, suitable or timely; (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Platform will be of merchantable quality or fit for a particular purpose; (iii) that the operation of the Platform will be uninterrupted or error free; (iv) that defects or errors in the Platform will be corrected; (v) that the Platform will be free from viruses or harmful components; and (vi) that communications to or from the Platform will be secure or not intercepted. 

  1. Ownership of Content – Intellectual Property and Trade and Official Marks

(a) Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Platform may constitute trade names, registered or unregistered trade-marks, service marks or official marks (all described as "Trade-marks") of FCC and of other persons or entities. However, the display of trade-marks on pages at this Platform does not imply that any license has been granted to any third party. All rights are reserved.

(b) The contents of the Platform (including but not limited to the materials accessible through the Platform) are protected by copyright, and are confidential and proprietary to FCC. Unless otherwise stated, you are entitled to copy, download and print any content for your own personal use but you may not otherwise, copy, modify, rent, lease, loan, sell, redistribute, republish or reproduce, in whole or in part, any such content in any manner including electronic reproduction by "uploading" or "downloading", or create any derivative works based on such content, without FCC’s prior written consent.

c) Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Platform may be a violation of statutory or common law and subject you to legal action. 

  1. Availability of services and products

(a) FCC services and products are only offered in jurisdictions where they may be lawfully offered. All FCC services and products are subject to the terms and conditions of the applicable agreements governing their use and these terms and conditions are to be read together with any Specific Terms.

(b) The Information on this Platform does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation. For Information specific to any specific provincial jurisdiction, Users should contact their local FCC Office or FCC Relationship Manager.

c) If Users choose to access the Platform from outside Canada, they do so on their own initiative and are responsible for compliance with applicable local, national, or international laws. Users must be aware of the laws of their country or that otherwise apply to them in relation to any of the matters described in these pages. Users may not use, export, or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time. 

  1. Privacy and Confidentiality

FCC is committed to take all reasonable measures to protect the privacy of Users with respect to the Personal Information they provide and will give effect to the principles, terms, and conditions contained in its Online Privacy Policy. For information on how FCC collects or uses information, please refer to FCC’s Online Privacy Policy

  1. Limitation of Liability

(a) Neither FCC, its agents, employees, directors, officers and affiliated companies, nor any person associated with the creation of this Platform or its contents shall be liable for any direct, indirect, special, incidental, punitive, third party, consequential damages or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of this Platform, including any liability for:

(i) interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you and FCC and/or which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you and FCC;

(ii) your inability to access, at any time, any part of this Platform or any services provided on it;

(iii) the malfunctioning or unavailability of this Platform, in whole or in part;

(iv) any harm or loss to your personal computer records or data howsoever caused including caused by viruses, "worms", "trojan horses" or other similar intrusive, disruptive or destructive programs or files of that nature;

(v) interception or disclosure of confidential or sensitive information transmitted over the Internet;

(vi) inaccuracies, delays in operation or transmission, failures, errors or omissions or loss of transmitted information; and

(vii) lack of suitability, reliability, timeliness or availability of this Platform or any material or services offered on this Website.

(b) While FCC makes reasonable efforts to ensure that all information and services provided on this Platform do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

(c) These limitations of liability shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if FCC has been advised of the possibility of such claims, losses, costs or damages.

(d) Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, FCC’s liability in such jurisdictions shall be limited to the extent permitted by law.

  1. Indemnity

(a) You agree to indemnify and hold FCC and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer's fees, made by any third party due to or arising out of: (i) your use of this Platform and the information, services and products provided on this Platform, (ii) your violation of these Terms of Use or any other terms and conditions under any other agreement applicable to any information, service or product provided on this Platform, or (iii) your violation of any rights of another.

(b) FCC reserves the exclusive right, at Users' expense, to conduct the defence and assume control of any matter, subject to indemnification by Users, in which event the User shall cooperate with FCC in asserting any and all available defences. 

  1. Reservation of Rights

All rights not expressly granted in these Terms and Conditions are reserved to FCC. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trade-mark or other intellectual right of FCC or any other person or entity. 

  1. Official languages

FCC is bound by the Official Languages Act  and relevant Treasury Board policies. The Information is available in both French and English. However, Users should be aware that some information on external sites to which we link is available only in the language in which it was provided. 

  1. Governing Law

(a) These Terms of Use and any issue or dispute relating to this Platform will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the applicable laws of Canada. By using this Platform you are hereby consenting and submitting to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or dispute related to these Terms of Use or any issue in respect of this Platform.

(b) Specific contracts for FCC’s products, solutions or services entered into via the Platform shall be governed by, construed and subject to the laws and jurisdiction of the province expressly provided for in such contract and where none is specified, the laws and jurisdiction of the Province of Saskatchewan shall be deemed to apply. 

  1. Social Media

These Terms of Use apply when you access, view or use any of the social media pages, accounts, sites, channels and/or application(s) used and administered by FCC (“FCC Social Media Channels”). These channels include, but are not limited to, FCC’s Twitter and YouTube accounts and FCC’s official Facebook and LinkedIn pages.

General

When viewing content or submitting a comment, photo, video links and/or other materials to FCC Social Media Channels, you (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) agree to be bound and comply with these Terms of Use, the Online Privacy Policy and the general terms of use established by the host, owner or operator of the applicable social media websites, pages, channels and/or applications. 

Social Media Terms of Use

FCC Social Media Channels, sites and applications are designed for you and we encourage you to review, leave comments, discuss FCC products and services, watch and share our videos and to engage us in conversation. Please note that some of the comments and materials posted or sent to FCC Social Media Pages Channels by visitors may not represent the opinions of FCC, its management or employees. You agree that you will not post or submit any information, post, link or material of any kind on FCC Social Media which fall into any of the categories described below:

  • Anything defamatory, abusive, infringing, obscene, misleading, unlawful or which otherwise violates the legal rights (including the privacy) of others;
  • Anything that contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
  • Anything that falsifies the origin or source of any information; or
  • Any personal or financial information about yourself or others. For more information, please visit our Online Privacy Policy.
     

Any information, posts, links or material of any kind that we determine to fall into any of the categories described above may be removed. Individual users who continue to violate these terms of use may be blocked from accessing or posting to FCC Social Media Channels.

FCC will not be responsible or liable for the entities which host, own or operate websites, pages, channels and/or applications(s) used or administered by FCC in any way, including being liable for any losses, or direct or indirect damages arising from any action or decision made by you or anyone else in reliance on these social media pages, accounts, sites, channels and/or application(s).

If you have a question or concern about anything posted on the Social Media Channels, feel free to contact us.

These Terms and Conditions apply while Users are accessing the Platform and remain in effect thereafter. 
 

Part 2: Additional Specific Terms – Electronic Access Agreement
 

About the Electronic Access Agreement
Definitions
Changes to this Agreement
Changes to the Services
Notice
Use/Electronic Instructions
Loan Information
Common View Rights
Communication and Contracts by Electronic Means
Prohibitions on Use
Security
Third Parties
Liabilities
Liabilities for Unauthorized Transactions
Suspension, Termination and Notice
Records
Intellectual Property
Severability
Governing Law
Conflict
Warranty of Authority 

  1. About the Electronic Access Agreement

This Electronic Access Agreement, as amended from time to time (the "Agreement"), applies when you access or use the services and features (the “Services”) offered through FCC’s public websites (the “Website”) and any FCC Mobile App (the "Mobile App" and together with the Website, the "Platform"). It replaces all prior agreements between you and us for the Services. It does not replace any other agreement you have with FCC (now or in the future) for any other product or service, including any consent, authorization or preference you have given or may give to us regarding the collection, use and disclosure of your personal information ("Other Agreement"). The Other Agreement still applies, including to any applicable product or service. You also agree to comply with all instructions we may give you in connection with accessing and using the Services.   

  1. Definitions

Account" means any available account you may access from time to time using the Services.

"Business Day" means any day excluding Saturday, Sunday or a statutory federal or provincial holiday in Canada.

Common View” 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 Name and Password.

"Electronic Access Device" means a personal computer, telephone, cell phone, smart phone, personal digital assistant, mobile device, wireless device or any other electronic device that we may allow you to use to access the Services.

"Electronic Means" means any communication method permitted by us from time to time that may include computer, telephone, cell phone, smart phone, Internet, email, personal digital assistant, facsimile or other method of telecommunication or electronic transmission.

"FCC" means Farm Credit Canada

FCC Mobile App Services” means the services and features that we offer through a Mobile App, which may be accessed by an Electronic Access Device. These services may include, but are not limited to: loan application submission, viewing loan terms, balances and payments, disbursement and pay functionality, customer chat, calendar booking with FCC field staff, uploading / editing / sharing field records for subsequent synchronization with Software, and uploading / recording receipts and transactions relating to the purchase of crop inputs for subsequent synchronization with Software.

FCC Online Services” means the services and features that we offer through FCC Online Services or other Website portals that may be accessed by an Electronic Access Device. It includes, but is not limited to: viewing loan terms, balances and payments, requesting FCC Credit Line disbursements, accessing Farmland Values, contacting an FCC Relationship Manager and commenting on documents or information submitted by FCC.

“Information” means the information, materials and content provided on the pages of the Platform.

"Mobile App" means any mobile application owned and made available by FCC for the purposes of providing Services and Information to Users, including but not limited to “FM Pro Mobile”, and “AG Expert Mobile”.

"Password" means a confidential combination of numbers and/or letters you select to identify you that you must provide to access the Services. The secret access code you use to access Farmland Values or your loan portfolio is an example of Password.

"Platform" means the Website, a Mobile App, as well as any other platform for service delivery made available by FCC from time to time.

"Security Questions" means the questions and answers that you may be required to choose, and provide answers to when prompted, to help us confirm that you are the person accessing the Services.

"Services" means the FCC Online Services and the FCC Mobile App Services. 

"Software" means a software application that we offer to access any services, features, functionality, content and/or information made available by FCC, including but not limited to “Field Manager PRO 360”, “Field Manager Pro”, and “Ag Expert Analyst”.

"Third Party" means any party other than you, FCC or a party that acts as a Third Party Service Provider. It includes merchants, our subsidiaries and affiliates, parties to whom you can make payments or retain services through the Services.

"Third Party Service Provider" means a party retained by us to act on our behalf to provide, or to assist us in providing, the Services. In the event that such party is located in a foreign jurisdiction, it is bound by the laws of the jurisdiction in which it is located and may disclose personal information in accordance with those laws. For example, data collected for Web analytics purposes goes outside of Canada to the United States of America and may be subject to the governing legislation of that country (for example the USA Patriot Act.). For information on how FCC collects or uses information, please refer to FCC’s Online Privacy Policy.

"User name" means the combination of numbers and/or letters that you select or that you are permitted to select that you use to identify yourself online or in a Mobile App. You must provide your User name with your Password to access the Services.

"You" and "Your" mean the person who is enrolled to access the Services and "We", "Us" and "Our" mean FCC.

"Website" means all websites and pages owned or operated by FCC including FCC’s public website, FCC Online Services, FCC Management Software Community websites, FCC Vision website, and Agriculture More Than Ever website, as amended from time to time by FCC.   

  1. Changes to this Agreement

Other than as required by law, we can change this Agreement by giving you notice of the change. We can give the notice either before or after the change takes effect. If we give you notice before the change takes effect, and you then use the Services after the date of the change, you agree and consent to the change. If we give you notice after the change takes effect, and if you then use the Services after the date of the notice, you agree and consent to the change. 

  1. Changes to the Services

You understand that we may add, remove or change any part or feature of the Services, without giving you notice. This Agreement applies to any of the Services (or parts or features thereof) added or changed by us.  

  1. Notice

Any notice may, at FCC’s discretion, be provided (1) by a general or specific posting on our Platform(s), (2) through an Electronic Access Device you use to access the Services or on our Platform(s), or (3) to your email or mailing address last shown on our records.  

  1. Use/Electronic Instructions

You must use your User name and Password or, where applicable, a biometric identifier such as (but not limited to) a fingerprint scan, to access the Services. You may also be required to answer your Security Questions. Once the Services have been accessed, you authorize us to accept and you agree to be responsible for any instruction given by you or purported to be given by you. FCC may, at its sole discretion, decline to act on any instruction and shall not incur liability for failing to do so. FCC may maintain a database of your electronic instructions and electronic transactions.  

  1. Loan Information

(a) After Users have entered into a credit facility with FCC, it may be possible for them to access their loan information online or through an FCC Mobile App. The information about credit facilities and loans displayed online or through a Mobile App (the "Customer Portfolio") is extracted from FCC’s system for Users' convenience and general reference. The Loan Information is derived from data collected and/or calculated for operational purposes and is subject to adjustment since it is drawn from a database that is regularly updated. Therefore, the Loan Information displayed is not to be considered as official and binding on FCC.

(b) In addition, Internet software or electronic transmission errors may produce inaccurate or incomplete copies of the Customer Portfolio when downloaded and displayed on any Electronic Access Device (including through an FCC Mobile App). FCC does not guarantee the accuracy and/or completeness of the Loan Information displayed herein and shall have no liability for any errors or omissions therein. In the event of discrepancy between the Loan Information and information appearing in statements prepared and sent to a User by FCC about his account, the contents of such statements shall prevail. Users must immediately bring any such discrepancy to the attention of FCC.  

  1. Common View Rights

(a) In addition to and without, in any way, limiting your other obligations pursuant to this Agreement, if you have applied for and 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 financial accounts you are able to access pursuant to your Common View Rights.

(b) 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.  

  1. Communication and Contracts by Electronic Means

FCC will treat any document duly signed, digitized and received electronically (“Electronic Instruction”) as documents written and signed by you. You agree that any communication or contract delivered or received by electronic means shall be considered to be signed and/or delivered and to constitute a "writing" for the purposes of any statute or rule of law. You acknowledge that an Electronic Instruction received or sent electronically is final and you cannot object to it later. You agree not to dispute any such communication or contract on the basis that it was delivered or received by electronic means, including on the basis that it was not “in writing” or was not signed or delivered as a hard copy. FCC may, at its sole discretion, decline to act on Electronic Instruction and shall not incur any liability for failing to do so.  

  1. Prohibitions on Use

You will not (i) provide untrue, inaccurate or incomplete information about yourself, your accounts with us or your accounts at other institutions; (ii) access or use the Services for an illegal, fraudulent, malicious or defamatory purpose, or (iii) take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the Services (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person).  

  1. Security

(a) You are responsible for following the security procedures set out in FCC’s Online Security Policy, as amended from time to time. Please ensure to regularly review and, at all times, adhere to the terms, conditions, and practices outlined in FCC’s Online Security Policy when accessing the Services. 

(b) Password Confidentiality: You must always keep your Passwords and Security Questions strictly confidential. You must not disclose your Passwords or Security Questions to anyone. If you know or think that someone may know your Passwords or Security Questions, you must tell us immediately and you must change your Passwords or Security Questions, as applicable, immediately;

(c) Passwords and Personal Validation: Your Passwords and Security Questions and Answers must be unique and not easily guessed or obtained by others, including not using the birth date or name of you or a family member, your telephone number, social insurance number, or sequential numbers such as “1234”. For example, you must not select a Password that is the same as any customer or loan number that FCC assigns to you or your loans or that was previously used by you for any other online services delivered by another service provider;  

(d) Safe Internet and Mobile Device Practices: For the Services, the security of your information depends on you using safe practices. You agree that when conducting transactions through the Services, you will take all steps necessary to make sure that you do not reveal any confidential information to anyone, other than through the Services for the purpose of the transaction. This includes making sure that other people cannot see your computer screen or the screen on your Electronic Access Device, as applicable. In addition:

  • FCC’s Online Security Policy and other sections of our Website provide information on how you can make the Services more secure. You must read these sections regularly;
  • You must sign out and close your browser after each FCC Online Services and/or sign out of a Mobile App after each FCC Mobile App Services session to prevent anyone else from accessing your Services;
  • You must not leave your Electronic Access Device unattended while logged into FCC Online Services or a Mobile App; 
  • You agree to implement and maintain safe computing practices which include, at least, up-to-date virus scanning software and a firewall system, if such security measures are available for your Electronic Access Device; and
  • You agree to take additional measures to protect the security of your Electronic Access Device, including protecting physical access to your Electronic Access Device, only using secure Wi-Fi networks, and using mobile encryption, all to the extent such security measures are available for your Electronic Access Device;
     

(e) You agree that you will notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in an Account;

(f) You agree to comply with any additional security requirements that we may require in connection with the Services.  

  1. Third Parties

You agree that:

(a) we may use Third Party Service Providers to provide or to help us provide the Services;

(b) other than our subsidiaries, affiliates, or consultants we do not sponsor or endorse nor are we affiliated or associated with any Third Party; and

(c) there are links from FCC’s Webpages to Third Party websites and online services and once you activate these links you leave FCC’s Webpages. 

  1. Liabilities

A) Liabilities – General

(a) Subject to Part B of this Section (Releases/Indemnities) and our negligence as set out below, we will not be responsible for any loss, damage, delay or inconvenience suffered or incurred by you with respect to:

(i) this Agreement or the Services, or

(ii) any instructions given to, by or purported to be given by you in connection with the Services.

(b) We will only be responsible for any loss, damage, delay or inconvenience suffered or incurred by you in a case where we have been negligent (to be determined in light of reasonable commercial standards). In no event, even if we are negligent, will we be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages. In addition, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by:

(i) the actions of, or any failure to act by, a Third Party (and no such Third Party will be considered to be acting as our agent);

(ii) mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in, (i) any data or information (including Log-In Information) given by you to us or to any Third Party Service Provider (including your failure to update); (ii) any data or information (including any Document) given by any Third Party, or (iii) FCC contact information mentioned anywhere on the Platform;

(iii) any delay, error, interruption or failure by us to perform or fulfill any of our obligations to you due to any cause beyond our control (including any system malfunctions or technical failures);

(iv) any delay or inability to access or use the Services (including any charges such as late fees or additional interest you may have to pay to a Third Party);

(v) your leaving our Platform and linking to and from or using any Third Party’s website; or

(vi) your failure to fulfill any of your obligations under this Agreement including those in Section 11 (Security) of the Electronic Access Agreement or to comply with any instructions we may provide to you from time to time in connection with the Services.

B) Release/Indemnities

Except with respect to claims, costs and liabilities arising because of our negligence, you will release and indemnify us for any claim, cost and liability we may incur as a result of (i) your access to or use of the Services, or (ii) your breach of the terms and conditions of this Agreement, including those in Section 10 (Prohibitions on Use) of the Electronic Access Agreement.  

  1. Liabilities for Unauthorized Transactions

(a) Notwithstanding Section 13 (Liabilities) or any other section of this Agreement, this section governs our liability for Unauthorized Transactions (as defined below) on your Account(s) using the Services.

(b) Subject to Section 14(c), we will reimburse you for monetary losses to your Account(s) resulting directly from the following unauthorized transactions on your Account(s) using the Services (collectively, "Unauthorized Transactions"): 

(i) transactions that occur after you notify us immediately as required in Section 11 (Security) of this Electronic Access Agreement that you know or think that any of your Passwords may have become known by someone or has been disclosed to anyone, or that you noticed unusual, suspicious or fraudulent activity on any of your Accounts;

(ii) transactions where it can be shown that you have been a victim of fraud, theft or have been coerced by trickery, force or intimidation, so long as you report the incident to us immediately and cooperate and assist us fully in any investigation;

(iii) transactions resulting from negligent conduct by us, our employees or Third Party Service Providers.

This means that a transaction is not an Unauthorized Transaction if you engage in any of the actions listed in Section 14(c) below. However, we will not, under any circumstances (even if we are negligent), be liable for any loss of data, or any indirect, consequential, special, aggravated, punitive or exemplary damages whatsoever, in whole or in part, (including any business interruption, loss of profits, data, information, opportunity, revenues, goodwill or any other commercial or economic loss), caused to you, regardless of the cause of action, even if we have been advised of the possibility of such damages.

(c) We are not responsible for and we will not reimburse you for losses to your Account(s) if:

(i) you do not comply with any of your obligations under this Agreement including those in Part B, Section 11 (Security) or you do not comply with any instructions we may provide to you in connection with the Services;

(ii) you engage (either alone or with others) in any fraudulent, criminal or dishonest acts related to the Services;

(iii) you access the Services via an Electronic Access Device that you know or reasonably ought to know contains software that has the ability to reveal to anyone, or to otherwise compromise, any of your Passwords or Security Questions;

(iv) you carry out a transaction, including if the transaction is a result of any mistake, error, omission, inaccuracy or other inadequacy of, or contained in, any data or information, that you furnish to us;

(v) you choose to share any of your Passwords or Security Questions; or

(vi) you consent to, contribute to or authorize a transaction in any way.   

  1. Suspension, Termination and Notice

We can terminate (either all or part of) this Agreement or suspend or terminate your access to any of the Services immediately for any reason whatsoever at any time without prior notice. We will not be responsible for any loss or inconvenience that may result from such suspension or termination. For FCC Online Services or FCC Mobile App Services, you may terminate this Agreement by giving us notice of termination, (a) to your FCC Relationship Manager, or (b) by telephone at 1-888-332-3301, (c) by email at csc@fcc-fac.ca, or (d) by post at Farm Credit Canada - 1800 Hamilton Street - P.O. Box 4320 - Regina Saskatchewan S4P 4L3. The termination will be effective one (1) Business Day after we receive notice. 

  1. Records

Our records, including electronic records, and those of any of our affiliates or subsidiaries or any Third Party Service Providers (whether used by them or by us), regarding an Account or the Services, including the retrieval, consolidation, organization and presentment of information, records for each instruction and the presentment, or receipt and viewing of documents, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Furthermore, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence. 

  1. Intellectual Property

We are the owner of all intellectual property rights subsisting on each FCC Website page including each page of FCC Online Services as well as within an FCC Mobile App. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on our Services are our property and without our express written permission, may not be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, except for personal and non-commercial use, including viewing, printing or archiving of electronic copies of your Services activities, in accordance with the terms of this Agreement and as we may further instruct you. Nothing in this Agreement or on our Services is to be interpreted as conferring a right to use our works, trademarks or logos in any other way.  

  1. Severability

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.  

  1. Governing Law

(a) This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Services including the Terms and Conditions contained therein, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Saskatchewan. By accessing and using the Services Users submit and attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Platform, including the Terms and Conditions contained therein.

(b) Specific contracts for FCC’s products, solutions or services entered into via the Services shall be governed by, construed and subject to the laws and jurisdiction of the province expressly provided for in such contract and where none is specified, the laws and jurisdiction of the Province of Saskatchewan shall be deemed to apply.  

  1. Conflict

If there is a conflict between a term in this Agreement, and Other Agreement or between this Agreement and the Service Terms, the Other Agreement and the Service Terms, as applicable, will apply to the extent necessary to resolve the conflict. 

  1. 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.

Last reviewed: March 29, 2017