BC BID Terms and Conditions of Use - Non-Registered Users

The BC BID e-service (the "Service") is offered to you by the Province and allows you to view procurements offered by the Province and by any participating public sector entities (the “PS Entities”).  BC BID also offers you the opportunity to subscribe to BC Bid and to make Submissions electronically using the BC Bid application and/or to receive notification of procurements and other related opportunities (the “Optional Services”).  More information on subscribing to BC BID or accessing the Optional Services can be found here: https://www.bcbid.gov.bc.ca.

If you have not subscribed to BC BID, these Terms and Conditions of Use (“Terms”) govern your use of the Service.  By using the Service, you are conclusively deemed to have read and to have agreed unconditionally to these Terms.  If you do not agree with these Terms, you must not use the Service.

1. In these Terms: (a) “Province” means His Majesty the King in right of the Province of British Columbia as represented by the Minister of Citizens’ Services; and (b) “You”, “you” and “your” means the individual or legal entity using the Service and, in the case of an individual who is using the Service on behalf of a legal entity, includes both that individual and the legal entity on whose behalf the individual is acting. 

3. If you chose to submit a bid, proposal or other communication (a “Submission”), you agree that the Province may attach an electronic time and/or date stamp (the “Stamp”) to a Submission when those Submissions have been received by the Province, and that the Stamp will be deemed to conclusively determine the time and date that the Submission was received by the Province.

4. Any identifying information supplied by you in support of any Submission, howsoever submitted (collectively, “Personal Information”) is collected under the authority of section 26 (c) of the Freedom of Information and Protection of Privacy Act and is necessary for the operation of the BC BID program. This Personal Information will be used to identify BC BID users, provide information to BC BID users about the Service and, if applicable, to track progress of Submissions through the BC BID system.  If you provide additional personal information in a Submission, that Personal Information will be disclosed to, and used by, the applicable ministry or PS Entity that posted the opportunity as necessary to allow that ministry or PS Entity to manage your Submission.  Personal Information may also be used by the Province to contact you for the purpose of correcting e-mail routing or other system delivery errors. For more information about how your Personal Information is collected, used and disclosed, please contact the BC BID Help Desk at (250) 387-7301, PO Box 9476 Stn Prov Govt Victoria BC V8W9W6 Canada.

5. The Province or its licensors own the copyright in all information made available to you through the Service and the BC BID website and the Province grants to you a personal, non-transferable, non-sublicensable, non-exclusive licence to access and use the Service in accordance with these Terms. Any rights not expressly granted herein are reserved.  You must not remove or alter any proprietary symbol or notice, including any copyright notice, trademark, official mark or logo, displayed in connection with the Service.  BC BID is an official mark of the Province, and nothing in these Terms gives you any right to use or reproduce it.

6. The Province may post your contact or other business information, including business name and address, on the BC BID website as a part of a list of contracts awarded to bidders.

7.  In addition to the Province’s general Warranty Disclaimer and Limitation of Liabilities, the Service is provided “as is” without warranty or condition of any kind, either express or implied, including any implied warranty or condition of quality, fitness for a particular purpose or non-infringement.  Without limiting the general nature of the previous sentence, the Province does not warrant the accuracy, availability or completeness of the Service or any information provided in connection with the Service, or that the Service will function without error, failure or interruption. 

8. The Service is provided only for the purposes described in these Terms and must not be used for any other purpose.  Without limiting the general nature of the previous sentence, you must not use the Service: (a) for any unlawful or inappropriate purpose; (b) in any way that would jeopardize the security, integrity and/or availability of the Service or negatively impact other users of the Service; by decompiling, disassembling, reverse engineering, or otherwise copying any source code associated with the Service or the BC BID website. 

9. The Province may at any time in its sole discretion take whatever steps it deems necessary in relation to a Submission to protect the security and/or integrity of the Service, including, without limitation, steps to disinfect any electronic transmission infected with a virus or other harmful code.

10. Under no circumstances will the Province or any of its contractors, subcontractors or third party suppliers, including without limitation Ivalua Inc., CGI Information Systems and Management Consultants Inc., or any PS Entities (collectively, the “Released Parties”) be liable to you or any other individual or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury or damage whatsoever 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 use of the Service and whether based on contract, tort, strict liability or any other legal theory (each a “Claim”), whether or not you made the Released Parties aware of the possibility of any such Claims.

11.  By using the Service, you waive any and all Claims that you may have against any of the Released Parties and you waive any rights you may have to make any such Claims. 

12.  You agree to indemnify and save harmless the Released Parties and their respective servants, agents, directors, officers and employees against any and all losses, claims, damages, actions, causes of action, costs and expenses that any of them may sustain, incur, suffer or be put to by reason of your acts or omissions, or the acts or omissions of your servants, agents, directors, officers and employees, in relation to the Service.

13. The Province may at any time in its sole discretion and without any prior notice to you: (a) make changes to or discontinue the Service; or (b) suspend or terminate your access to and use of the Service if you breach any provision of these Terms, as a security measure or for administrative purposes. 

14. The Province may at any time in its sole discretion amend these Terms with or without providing direct notice to you of the amended Terms.  Continued use of the Service after such notice or after amended Terms are posted by the Province in association with the Service constitutes your acceptance of the amended Terms.

15. In these Terms, unless the context otherwise requires, words expressed in the singular include the plural and vice versa.

16. These Terms are the entire agreement between you and the Province with respect to the subject matter of these Terms, and supersede or replace any prior oral and/or written agreements.  You must not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Province.

17. If any provision of these Terms is invalid, illegal or unenforceable, that provision will be severed from these Terms and all other provisions will remain in full force or effect.

18. All provisions in these Terms in favour of the Province, the PS Entities or the Released Parties, and all rights and remedies of the Province, the PS Entities or the Released Parties, either at law or in equity, will survive the termination of these Terms.

19.  These Terms will be governed by and construed in accordance with the laws applicable in the province of British Columbia.  By using the Service, you consent to the exclusive jurisdiction and venue of the courts of the province of British Columbia for the hearing of any dispute arising from or related to these Terms and/or your use of the Service.

Version Dated: June 16, 2021