This part applies to all access to and use of the Website and FCC Mobile Apps.
Part 2: Additional Specific Terms – Electronic Access Agreement.
This part applies to all access to and use of specific products and services offered by FCC on the Website and FCC Mobile Apps and includes additional terms which are applicable to certain specific products and services.
- Acceptance of Terms
- Ownership and Monitoring
- Use of Platform
- Links and Downloads
- FCC Mobile App
- Disclaimer of Warranties
- Ownership of Platform and Content – Intellectual Property and Trade Marks
- Availability of services and products
- Privacy and Confidentiality
- Limitation of Liability
- Reservation of Rights
- Official languages
- Governing Law
- Social Media
"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 AgExpert Software Community websites, FCC Vision website, and Agriculture More Than website, as amended from time to time by FCC
Acceptance of Terms
Ownership and Monitoring
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.
Links and Downloads
- (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.
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.
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.
Ownership of Platform and Content – Intellectual Property and Trade 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 Platform and all contents of the Platform (including but not limited to the materials accessible through the Platform) are protected by copyright and other intellectual property rights, and are confidential and proprietary to FCC and its licensors. 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.
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.
Privacy and Confidentiality
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.
- (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:
- (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.
Reservation of Rights
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.
- (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.
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.
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 FCC Social Media Channels, feel free to contact us.
These Terms and Conditions apply while Users are accessing the Platform and remain in effect thereafter.
Additional Specific Terms – Electronic Access Agreement
- About the Electronic Access Agreement
- Changes to this Agreement
- Changes to the Services
- Channel of Choice
- FCC Alerts and Communications
- Use/Electronic Instructions
- Communication and Contracts by Electronic Means
- Common View Rights
- Credit Applications
- Loan Information
- Loan Payments
- FCC AgExpert
- Net Worth Tool
- My Documents
- Prohibitions on Use
- Third Parties
- Liabilities for Unauthorized Transactions
- Suspension, Termination and Notice
- Intellectual Property
- Governing Law
- Warranty of Authority
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.
"Account" means any available account you may access from time to time using the Services.
"Auto Adjudication Process" means the use of pre-determined measures and conditions based on FCC’s standard lending practices to allow loan and other credit application decisions to be made by automated procedures rather than manually in order to provide Users with a lending decision in a timely digital manner;
"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: administration of loans including viewing loan terms, balances and payments, disbursement and pay functionality, retention of related financial information, and execution of documents; 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. For greater certainty, certain aspects of the FCC Online Services may not be available through the FCC Mobile App Services and may only be accessible through the Website.
"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: administration of loans including viewing loan terms, balances and payments, retention of related financial information, and execution of documents; functionality for requesting funds; accessing Farmland Values; contacting your FCC Team; and commenting on documents or information submitted by FCC.
"Guest" means a person accessing certain Services without enrolling in the Services or creating an Account.
"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 "AgExpert Mobile".
"Net Worth Tool" means the secure online tool which allows Users to input and update their list of assets and liabilities and to retain that information for future reference, as well as to provide that information directly to FCC.
"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" as well as "AgExpert Field" and "AgExpert Accounting".
"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.
"User Name" means the combination of numbers and/or letters that you select or that you are permitted to select that you use to uniquely identify yourself online or in a Mobile App. You must provide your User name with your Password to access the Services.
"Users" "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 AgExpert Software Community websites, FCC Vision website, and Agriculture More Than Ever website, as amended from time to time by FCC.
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, provided however that if a change is material FCC will make reasonable efforts to provide notice prior to any new terms taking effect and to provide you with a summary of applicable changes. 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.
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.
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.
Channel of Choice
By default at loan origination and continuing until you make changes to your preferred method(s) of communication, all FCC communications concerning your loan(s) will be provided by mail including (a) all transaction and annual statements associated with your FCC loan(s) (“Statements”) and (b) including, for example, but without limitation, all disbursement and payment notices associated therewith (“Notices”) that FCC may be required to send you in writing. By selecting an electronic method of communication, you are providing consent to receive commercial electronic messages from FCC until such time as you withdraw that consent or select an alternative method of communication. Your consent takes effect immediately and continues until you make changes to your preferred method(s) of communication; however you may receive paper Statements and/or Notices by mail:
- (a) until certain Statements or Notices are made available through FCC Online Services,
- (b) until the processing of this request by FCC is complete, and/or
- (c) when deemed warranted or required, at FCC’s sole discretion.
You may withdraw or adjust your consent to receiving electronic communications at any time by visiting FCC Online Services or calling your local FCC office at 1-800-387-3232.
FCC Alerts and Communications
Users may have the ability to subscribe for and receive various automated alert messages for their Account(s) ("Alerts"). You can choose to receive Alerts either through the secure message centre within FCC Online Services and FCC Mobile App Services or through other non-secure methods (e.g., email, telephone, push notification to an Electronic Access Device, text message, etc.). You can manage the Alerts you receive by opting-out of receiving Alerts at any time through Alert management preferences within FCC Online Services. An Alert does not constitute an official record for the Account to which it pertains.
You understand and agree that:
- (a) Alerts sent by non-secure methods (e.g., email, telephone, push notification, text message, etc.) are not secure and may be lost, intercepted, reviewed or altered by others. Anyone with access to your Account or Electronic Access Device may be able to view these Alerts and automated telephone alerts may be intercepted by anyone that answers the phone or has access to your voicemail or answering device. It is your responsibility to ensure that this information is kept confidential and secure;
- (b) it is your responsibility to ensure that your Account contact information, including email address and mobile number, is current and accurate as FCC does not review your contact information prior to sending you Alerts; and
- (c) standard SMS messaging and data rates may apply to Alerts sent by telephone, text message or push notification.
FCC may add new Alert types or discontinue previous Alert types at its discretion from time to time. FCC may suspend, add, modify, or cancel any or all Alerts at any time without notice.
FCC requires multi-factor authentication for verification and security (fraud prevention) purposes. Accordingly, you must use your User Name and Password and, where applicable, confirmation through text message, voice call, or 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. This includes any communications or instructions that FCC receives from you by Electronic Means (including instructions that we receive by computer, telephone, smart phone, internet or email), regardless of whether or not it actually came from you. If you send FCC confidential information by Electronic Means, FCC will not be liable if it is lost or intercepted, altered or misused by someone else. 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.
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.
You also consent to the use of an Electronic Signature for the execution of any documents provided to you by Electronic Means where required and you agree that your Electronic Signature satisfies any requirement for a person's signature pursuant to any statute or rule of law. In particular, you agree that your application of your Electronic Signature to contracts and documents is and will be valid, enforceable and binding on you. Prior to applying your Electronic Signature, you agree to review any documents provided to you by Electronic Means in their entirety. You agree not to dispute any such executed document 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. These documents will be admissible in any legal, administrative or other proceedings and you waive any right to object to the introduction of any such electronically executed document into evidence.
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.
- (a) Through the Services, User information for Credit Applications may be automatically populated where applicable, and Users are able to directly submit Credit Applications to FCC. FCC may, in its sole discretion, place restrictions or conditions on the submission of Credit Applications through the Services and FCC may add, remove or change any of these restrictions or conditions from time to time at its discretion.
- (b) Credit Applications submitted through the Services will generally be processed by FCC through the Auto Adjudication Process and accordingly by submitting a Credit Application through the Services, you consent to an automated lending decision being made with respect to your Credit Application. In FCC’s sole discretion, Credit Applications submitted to FCC (including submitted through the Services) may otherwise be processed by FCC outside of the Auto Adjudication Process in accordance with the standard policies and procedures of FCC.
- (d) Credit limit and payment terms requested by you are contingent upon credit approval from FCC.
- (e) If you decide to submit a Credit Application to FCC, you consent to FCC acquiring a credit bureau report in connection with your Credit Application.
- (f) By submitting a Credit Application through the Services, you represent and warrant to FCC that:
- (i) you are a Canadian citizen or a permanent resident of Canada;
- (ii) you are the legal age of majority in your province or territory of residence;
- (iii) you receive revenues from activities involving agriculture or a business related to agriculture; and
- (iv) if you are applying on behalf of a corporation, you are a shareholder of such corporation, which has been duly incorporated in Canada.
- (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.
- (c) When a customer selects an electronic communication method, Statements and/or Notices will be accessible for two years after they are posted in FCC Online Services. You are responsible for retaining a copy of any Statements and/or Notices. You also agree to review all of your FCC loan(s) details, entries, and balances at least every 30 days, and to immediately notify FCC of any errors or omissions within 30 days of the posted date of the entry in question.
- (a) Users have the ability to make loan payments directly through their Account (a "Payment"). If you decide to make a Payment directly through your Account, the Payment will be withdrawn from the designated bank account listed in your Account on the date you instruct FCC to make the Payment. You may only add or change your bank account information by contacting your local FCC Office or FCC Relationship Manager. You acknowledge that not all merchants or financial institutions will treat Payments as being received as of that date. You should give Payment instructions several Business Days in advance of the date on which you wish a Payment to be effective.
- (b) You agree that we have no obligation to reverse a Payment once we have received instructions from you (or someone purporting to be you) to process the Payment. We may revoke or cancel a post-dated Payment if we receive instructions from you to that effect prior to the date that the Payment is scheduled to occur however we have no obligation to do so.
- (c) You are responsible for ensuring that there are sufficient funds in your designated bank account to complete a Payment. We will not be responsible for any overdraft costs, insufficient funds charges, or similar expenses you may incur as a result of your designated bank account not having sufficient funds to complete a Payment.
- (d) We will not be responsible for any loss or expense you incur as a result of processing delays by other financial institutions or any other delays resulting from a Payment.
Net Worth Tool
The FCC Net Worth Tool allows Users to compile and retain net worth information, including uploading or importing financial information from Services such as FCC AgExpert as well as from third party providers such as your accountant (“Net Worth Data”). For greater certainty, Net Worth Data is compiled solely by you. FCC does not have the ability to access, review or edit Net Worth Data in the Net Worth Tool, and FCC is not responsible for the accuracy, currency, or completeness of the Net Worth Data. Where Net Worth Data is submitted to FCC in relation to a credit application process or otherwise, FCC will process such Net Worth Data in accordance with its standard practices.
FCC may make My Documents, the FCC Online Services document centre, available to you as part of the Services. Where My Documents is available, FCC provides Users with an efficient and secure method to access and store Account, financial, and lending information which can be viewed or printed by Users at their convenience. FCC documentation, including Statements and Notices, will be accessible for two (2) years after they are posted in FCC Online Services. After two (2) years, you will need to contact your local FCC Office or FCC Relationship Manager to access documentation, which may or may no longer be available based on FCC's standard document retention policies. Further, you agree that Internet software or electronic transmission errors may produce inaccurate or incomplete copies of documents within My Documents, and accordingly such documents do not constitute an official record of your Account or for the information to which such documents pertain.
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).
- (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) Password requirements: Your password must be at least 8 characters, containing at least one uppercase letter, one lowercase letter and one numeric character. Your password should be changed frequently (not less than every 90 days) and should not be changed to any password previously use by you within the last year;
- (e) 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 and/or sign out of the mobile app after each session to prevent anyone else from accessing your Services;
- You must not leave your Electronic Access Device unattended while logged into the Services;
- 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;
- (f) You agree that you will notify us immediately if you become aware of any unusual, suspicious or fraudulent activity in an Account;
- (g) You agree to comply with any additional security requirements that we may require in connection with the Services.
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.
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.
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.
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.
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 email@example.com, 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.
Upon termination of this Agreement or the Services for any reason, your right to use the Services will immediately cease and your Account will be deleted by FCC in accordance with its standard deletion practices.
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.
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.
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.
- (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.
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.
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: May 5, 2021