1.1. The FCAC Secure Portal (Portal) is an initiative of the Financial Consumer Agency of Canada (FCAC).
1.2. The purpose of the Portal is to provide regulated entities with a method by which they submit legislative and supervisory reporting requirements to FCAC (e.g., complaint records).
1.3. These Terms of Use for the FCAC Secure Portal set out the terms and conditions under which users of the Portal (referred to as “you” within this document) may access and use the Portal on behalf of a regulated entity. Regulated entities must inform FCAC in writing of their users of the Portal, including advising FCAC of users who no longer require access to the Portal. FCAC reserves the right to limit the number of Portal users per regulated entity.
2. Acceptance of Terms of Use
2.1. By accessing and using the Portal, you agree to be bound by these Terms of Use for the FCAC Secure Portal and the privacy and global notices seen on the Portal website (collectively referred to as the “Terms”).
2.2. By signifying your acceptance of the Terms, including accessing and using the Portal, you are indicating your acceptance for yourself and, if acting on behalf of the regulated entity, for that regulated entity, and agree to be bound by these Terms. If you are agreeing to these Terms on behalf of the regulated entity you represent and warrant that you have full legal authority to bind the regulated entity.
3. Amendments
3.1. FCAC reserves the right to modify these Terms at any time without advance notice. Modifications will be effective immediately upon a notice of the change being posted in the Portal, or on any such date as specified in the notice.
3.2. Your continued use of the Portal after such modification are posted will signify your acceptance of the modified Terms.
3.3. You acknowledge and agree that it is your responsibility to consult the Terms on a regular basis to determine whether any modifications have been made.
4. Responsibilities
4.1. Any provision of the Terms found to be unlawful, void, or for any reason unenforceable, shall be deemed severable from the rest of these Terms without invalidating the remaining provisions of these Terms.
4.2. Any failure to strictly enforce any provision of the Terms will not be deemed to be a waiver of any provision of the Terms.
5. Portal Login Information
5.1. You are at all times responsible for your Portal login information. This includes your GCKey user ID, password and security questions and answers that are used to access the Portal. This responsibility applies even if you change the user ID, password and security questions and/or answers.
5.2. Your Portal login information must be kept confidential at all times and must not be shared with or disclosed to others. It is not transferrable to other members of your regulated entity.
5.3. You must take all reasonable measures to prevent the loss, unauthorized disclosure, modification or use of your Portal login information. Please contact FCAC if you believe your login information has been lost, stolen, or compromised.
6. Restrictions for General Use
6.1. You must not use the Portal for any illegal or unauthorized purpose, and you must comply with all laws, rules and regulations applicable to your use of the Portal.
6.2. You must not interfere with or disrupt the service provided by the Portal or the servers or networks connected to the Portal by any means including by transmitting viruses, malware, worms, spyware or any other code of a destructive or disruptive nature.
6.3. You are fully responsible for using or ensuring that your use of the Portal is in compliance with the Terms.
6.4. You must immediately notify FCAC if any provision of these terms has been or may have been contravened, or if any breach of security has occurred.
7. Disclaimer
7.1. FCAC will not be liable for any claim in relation to the use of the Portal, except for any acts or omissions of FCAC that result from gross negligence or willful misconduct.
7.2. Without restricting the generality of the above, FCAC will not be liable for any claim in relation to:
7.2.1. any matters or factors outside of its control, including the availability or unavailability of the Internet, or telecommunications or other infrastructure systems;
7.2.2. any illegal or fraudulent use of your Portal login information.
8. Termination
8.1. FCAC may immediately terminate your access to the Portal as an individual user if
8.1.1. it determines that you provided false, inaccurate or incomplete information as part of the registration process, or when submitting data to FCAC;
8.1.2. your Portal login information is compromised, not secure, or there are reasonable grounds to suspect it has been compromised or is not secure;
8.1.3. the regulated entity you represent notifies FCAC that you are to no longer be a Portal user;
8.1.4. you fail to comply with any of the Terms; or
8.1.5. there are there are reasonable grounds to believe or suspect that you have knowingly or inadvertently transmitted or enabled the transmission of any viruses, malware, worms, spyware or other code of a destructive or disruptive nature.
9. General
9.1. These Terms become effective when you access the Portal for the first time.
