Version 2, June 5, 2016
This Agreement is between you and the Province, and governs your use of the Service. By clicking “I agree”, and in consideration of the Province providing you with access to the Service, you agree to the following terms:
- Acceptance of Agreement. In order to access or use the Service, you must: (a) be at least 19 years of age; or (b) if you are under 19, have obtained the consent of your parent or guardian to accept this Agreement on your behalf, in which case your parent or guardian is responsible for your use of the Service. If you have not met these requirements, you must not access or use the Service.
- Your Obligations. You must comply with the following:
- Use your own card. You must only use or attempt to use the BC Services Card that was issued to you.
- Protect your card and passcode. You must not share your BC Services Card or passcode with any other individual or entity. You are responsible for all activities that occur using your BC Services Card.
- Protect Non-Photo Cards for Minors. If you are the parent or guardian of a minor, you may use their BC Services Card and passcode on their behalf only if they are incapable of doing so on their own.
- Report issues. You must notify the BC Services Card Program immediately if your BC Services Card has been lost or stolen or if your BC Services Card or passcode has been compromised. BC Services Card Program contact information is published on the BC Services Card website.
- Protect your Device. You are responsible for the security of any Device you use in connection with the Service and for ensuring your Device is supported.
- Keep the Service secure. You must not do, or authorize or encourage others to do, any of the following:
- Tamper with or compromise any aspect of the Service or attempt to circumvent, destroy, or subvert, or take any action that might reasonably be construed as circumventing, destroying, or subverting any security measure associated with the Service.
- Use the Service for any unlawful or inappropriate purpose.
- Remove or alter any proprietary symbol or notice, including any copyright notice, trade-mark, or logo displayed in connection with the Service.
- Decompile, disassemble, reverse engineer, or otherwise copy any Enabling Software or other software associated with the Service or Content.
- Collection, Use and Disclosure of Personal Information. When you visit the BC Services Card website or use the Service, personal information is automatically collected from you, through the use of audit logs or cookies. This information is collected, used, and disclosed according to the BC Services Card Privacy statement published on the BC Services Card website.
- Any additional personal information the Service collects from you is collected, used, and disclosed according to the BC Services Card Privacy statement.
- The BC Services Card Program will notify you of the personal information that will be shared with the Online Services you access using the Service.
- You understand and agree that your personal information will be used by the Service and may be disclosed, as required, to Online Services that you access using the Service.
- Ownership. All Enabling Software and Content are owned by the Province or its Suppliers and are protected by copyright, patent, trade-mark, and other laws protecting intellectual property rights.
- Subject to your compliance with this Agreement, the Province grants you a non-exclusive, revocable, limited license to install, access, and use the Enabling Software on your Device for the sole purpose of using the Service as specified in this Agreement.
- Except as expressly provided in this section 4, you do not have a licence to copy, distribute, republish, transmit, or otherwise exploit any part of the Enabling Software or any Content and the Province or its Suppliers, as applicable, expressly reserve all intellectual property rights in and to the Enabling Software and Content.
- You must not reproduce, distribute, modify, or make any other use of the Enabling Software or the Content without the prior written consent of the Province.
- Service Provided “as is”. The Service is provided to you “as is”, and the Province and each of its Suppliers disclaims all representations, warranties, conditions, obligations and liabilities of any kind, whether express or implied, in relation to the Service, including without limitation implied warranties with respect to merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the general nature of the previous sentence, the Province does not represent or warrant that:
- The Service will be available.
- Your use of the Service will be timely, uninterrupted, or error free.
- The Content is accurate, reliable or complete.
- Any errors in the Service will be corrected.
- The Service will meet your expectations and requirements.
- Third-Party Online Services and Websites. The Province is not responsible for any Online Services that are not provided by the Province or for the content of any websites associated with such Online Services.
- No Guarantee of Eligibility. The Service confirms your identity and does not guarantee your eligibility for any Online Services. You are responsible for ensuring your eligibility for any Online Services.
- No Liability. Under no circumstances will the Province or any of its Suppliers be liable to you or to any other individual or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury, or damage, whether foreseeable or unforeseeable (including without limitation claims for damages for loss of profits or business opportunities, use of or inability to use the Service, interruptions, deletion or corruption of files, loss of programs or information, errors, defects or delays) arising out of or in any way connected with your access or use of the Service and whether based on contract, tort, strict liability or any other legal theory. The previous sentence will apply even if the Province or its Suppliers have been specifically advised of the possibility of any such loss, claim, injury, or damage.
- Suspension or Termination. The Province may at any time at its sole discretion suspend or terminate your access to and use of the Service, in whole or in part:
- If you do not follow this Agreement.
- As a security measure.
- For administrative purposes.
- Changes to the Service and/or this Agreement. The Province may at any time, in its sole discretion and without direct notice to you, make changes to the Service and/or to this Agreement. You will be asked to agree to the terms of this Agreement the first time you use the Service. When changes are made, you will be asked to agree to the updated terms the next time you use the Service. The current version of this Agreement is published on the BC Services Card Program website.
- Third-Party Beneficiary. You acknowledge and agree that SecureKey Technologies Inc., as a Supplier for certain aspects of the Service, is a third-party beneficiary of sections 2(f), 4, 5, and 8 of this Agreement, and as such has the right to obtain the benefit of and, as applicable, to enforce those sections against you in connection with your use of the Service.
- General. This Agreement, including any linked documents, is the entire agreement between you and the Province with respect to the subject matter of this Agreement. If any provision of this Agreement is invalid, illegal or unenforceable, that provision will be severed from this Agreement and all other provisions will remain in full force and effect. This Agreement is governed by and is to be construed in accordance with the laws of British Columbia and the applicable laws of Canada. By using the Service, you consent to the exclusive jurisdiction and venue of the courts of the province of British Columbia, sitting in Victoria, for the hearing of any dispute arising from or related to this Agreement or its subject matter. The BC Services Card Program is governed by the Freedom of Information and Protection of Privacy Act, the Motor Vehicle Act, the Medicare Protection Act and their respective supporting regulations, as the same may from time to time be amended, re-enacted or replaced.
Terms in this Agreement have the following meanings:
- BC Services Card means the BC Services Card issued by the BC Services Card Program, and which may be used to access Online Services.
- BC Services Card Program is the government program responsible for issuing the BC Services Card and operating the Service.
- Content means information and works made available, displayed or transmitted in connection with the Service, including, without limitation, data, text, audio, video, trade-marks, trade names, logos, domain names, images, graphics, graphical user interface elements and designs, in any form or medium whatsoever.
- Device means a computer, mobile device (e.g., smart phone or tablet) or other device.
- Enabling Software means any software made available by the BC Services Card Program for download to a Device to enable use of the Service in any respect.
- Online Services are online services that may be accessed by you through the Service. Online Services may require you to present your BC Services Card or your BC Services Card and passcode.
- Province means Her Majesty the Queen in right of the Province of British Columbia.
- Service means the BC Services Card Login Service operated by the BC Services Card Program that allows an individual to electronically prove their identity using their BC Services Card including, without limitation, any and all Content and Enabling Software and any changes made to the Service as described in section 10 of this Agreement.
- Suppliers means licensors and service providers of the Province in connection with the BC Services Card Program including, without limitation, SecureKey Technologies Inc.
- You, you, Your or your means the individual who is using the Service and, in the case of an individual under the age of 19, includes the individual’s parent or guardian.