These Terms of Use (the "Terms") create a binding agreement between you, the user of the Community Resilience and Adaptation Funding Tool (the "Portal"), and His Majesty the King in right of the Province of British Columbia, represented by the Minister of Emergency Management and Climate Readiness (the "Province") and govern your use of the Portal. Notwithstanding the date that you agree to these Terms, they will be effective as of the date you first accessed the Portal. By indicating that you agree to these Terms and accessing the Portal, you acknowledge that you have read, understand and agree to the following:
The individual that is accessing the Portal and agreeing to these Terms on behalf of another entity, including a First Nation or a local government (as that term is defined in section 1 of the Schedule to the Local Government Act), (each an "Entity") represents and warrants that they have the authority to do so, and references to "you" and "your" in these Terms will be conclusively deemed to mean, jointly and severally, that individual and the applicable Entity.
You:
For the purposes of these Terms, "personal information" means recorded information about an identifiable individual, other than information to enable an individual at a place of business to be contacted, which includes the individual's name, position name or title, business telephone number, business address, business email or business fax number.
Before providing any personal information to the Province via the Portal, you must first obtain the individual's written consent ("Consent") to do so. Such Consents should specify that the personal information may be provided to the Province as part of, or in relation to, a Submission. At any time, upon request, you must immediately provide copies of the Consents to the Province.
You are solely responsible for all individual users (each a "User") who access the Portal using your credentials. You must ensure that all Users comply with these Terms in relation to their use of, and access to, the Portal, including the requirement to ensure that all necessary Consents have been obtained before providing any personal information via the Portal.
You are solely responsible for ensuring that the Submission, including any attachments or enclosures, and any other materials or files uploaded to the Portal:
You bear all risks associated with the delivery of the Submission and any attachments, enclosures, or other materials or files uploaded to the Portal, including as a result of any transmission delays.
You acknowledge that:
You are solely responsible for your, and your Users', use of the Portal, and both you and any User must not:
As between you and the Province, you own any data, reports or other content, including in any Submission, that you are required or otherwise choose to submit to the Province via the Portal (collectively, "Your Data").
You hereby grant, and represent and warrant that you have the right to grant, to the Province in respect of Your Data a non-exclusive and, subject to section 9 of these Terms, perpetual and irrevocable license to exercise the rights set out in the Copyright Act (Canada), and to sublicense such rights to others, as reasonably necessary for:
You may choose to withdraw Your Data at any time by either:
Notwithstanding the foregoing, the Province may retain Your Data in accordance with requirements under applicable law, including the Information Management Act.
You are solely responsible for any impact to the completeness or accuracy of your Submission that results from any removal of Your Data. While Your Data is in the Province's custody or under its control, it is subject to the mandatory disclosure requirements of the Freedom of Information and Protection of Privacy Act.
With the exception of Your Data, the Portal and all services and information (collectively, "Content") on the Portal is owned by the Province or its licensors. The Province hereby grants you a non-exclusive, revocable license to access and use the Portal and the Content as necessary to allow you to make Submissions and fulfill any applicable Program requirements.
The Portal and the Content are provided to you "as is", and the Province disclaims all representations, warranties, conditions, obligations and liabilities of any kind, whether express or implied, in relation to the Portal and the Content, including 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:
To the maximum extent permitted by applicable law, under no circumstances will the Province be liable to you or any other individual or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury or damage, whether foreseeable or unforeseeable (including claims for damages for loss of profits or business opportunities, use or misuse of, or inability to use, the Portal or the Content, 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 to or use of the Portal or the Content and whether based on contract, tort, strict liability or any other legal theory. The previous sentence will apply even if the Province has been specifically advised of the possibility of any such loss, claim, injury or damage.
You agree to indemnify, defend and hold harmless the Province and the Province's employees, representatives and agents from and against any and all claims, demands, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees) arising from your breach of any provision of these Terms.
The Province may at any time, in its sole discretion and without direct notice to you, make changes to the Portal, any Content and/or these Terms, which will become effective immediately upon posting.
It is your sole responsibility to review these Terms from time to time to ensure that you are aware of any changes and, by continuing to use the Portal, you will be conclusively deemed to have made yourself aware of, and accepted and agreed to, any changes to these Terms.
In these Terms:
These Terms apply specifically to matters relating to your access to and use of the Portal but do not replace, limit or supersede the application of the Business BCeID Account Registration Agreement terms and conditions to you in respect of matters that relate to, and result from, your use of the Province's "BCeID" program for the purposes of being authenticated to access the Portal.
For greater clarity, these Terms constitute additional terms and conditions that relate to your access to the Portal, as a specific e-Service, as described in section 6 of the Business BCeID Account Registration Agreement. Failure to comply with these Terms may result in suspension, cancellation, or termination under the Business BCeID Account Registration Agreement.
Other than any Portal access or usage rights granted to you under these Terms, all of these Terms, including all of the Province's rights and remedies, will survive and remain in full force and effect indefinitely.
These Terms will enure to the benefit of and will be binding upon your successors and assigns.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and all other provisions will remain in full force and effect.
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia.
By accepting these Terms and using the Portal, you irrevocably 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 these Terms or their subject matter.