Terms and conditions
1. About Us. The Insurance Corporation of British Columbia ("ICBC") is a provincial crown corporation providing auto insurance, driver licensing, vehicle registration, road safety, and other products and services in British Columbia.
2. Acceptance. By accessing or using any ICBC website, or any online service, information or material available through any ICBC website (collectively the “Website”), you thereby accept and agree to: (a) these Terms and Conditions (the “General Terms”); (b) the
Privacy Statement ( the “Privacy Statement”); and (c) any other notices or legal terms (including those found here) that are applicable to the specific part of the Website you access or use (the “Other Terms”, and together with the General Terms and the Privacy Statement, the “Terms”).
3. Further Acceptance. By accessing or using the Website on behalf of any other person, you thereby also accept and agree to the Terms on behalf of that other person and you represent and warrant that you have the legal authority to do so.
4. Definitions and Interpretation. In the Terms (unless the context clearly otherwise dictates): (a) references to currency are to the lawful money of Canada; (b) "person" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies, and all other juridical entities recognized by law; (c) "you" includes you and any other person on behalf of which you accept any of the Terms; (d) "law" includes the then most current statutes, regulations, by-laws, ordinances, judicial precedents, orders in council, and prescriptions of governmental or regulatory authorities (as applicable to the Terms); (e) "including" means including without limitation; (f) "ICBC trademarks" means ICBC's name, domain names, marks (including those found
here) and distinctive brand features; and (g) "last updated" (or similar wording) at the top or bottom of any Terms, represents the date on which those Terms were last amended.
5. Application and Conflict. The General Terms and Privacy Statement will apply to all of the Other Terms unless otherwise stated in the Other Terms. If a conflict or inconsistency exists between the Other Terms and the General Terms or the Privacy Statement, then the Other Terms will prevail to the extent of the conflict or inconsistency. If there is a conflict or inconsistency between an English version of any content on the Website and a non-English translation of that content, then the English version will govern.
6. Amendments. ICBC may unilaterally amend all or any part of the Terms at any time by updating the Terms on the Website. No amendment to the Terms will be binding unless ICBC has updated the Terms on the Website. If you continue to access or use the Website after amendment of the Terms, you thereby accept and agree to the amended Terms. You agree to review the Terms regularly to determine your rights and responsibilities.
7. Your Privacy and Personal Information. For a summary of how ICBC collects, uses and discloses personal information, please see ICBC’s
8. Website and Trademark Ownership. All right, title and interest (including all intellectual property rights) in and to the Website (including its content), and ICBC trademarks, are and shall remain the property of ICBC. ICBC reserves all rights to the foregoing unless expressly otherwise set out in the Terms. For greater certainty, except as expressly otherwise set out in Other Terms (validly entered into between you and ICBC), nothing contained in the Terms or on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or permission or other right to use any ICBC trademark. Unauthorized use of any ICBC trademark or any Website content is strictly prohibited.
9. Website License. ICBC grants to you a revocable, personal, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the Website, as permitted under the Terms, subject to and conditional on your continued compliance with the Terms.
10. Commercial Use. Except as expressly otherwise set out in Other Terms (validly entered into between you and ICBC), nothing in the Terms should be construed as granting (by implication, estoppel, or otherwise) any licence, permission or other right to use the Website for a commercial or other non-personal purpose. To the extent that Other Terms (validly entered into between you and ICBC) do allow you to use the Website for a commercial or other non-personal purpose, you will limit your use of the Website to only the purposes expressly contemplated by such Other Terms.
11. Ceasing Commercial Use. Notwithstanding any provision in the Terms that permits commercial use of the Website in particular circumstances, you will nonetheless stop making commercial use of the Website if requested by ICBC.
12. Feedback Ownership. Any ideas, suggestions, comments or feedback that you provide to ICBC relating to the Website and/or ICBC’s business (the “Feedback”) will be exclusively owned by ICBC. You hereby assign to ICBC all rights to all Feedback, and hereby waive all related moral rights.
13. Submissions. Certain parts of the Website enable you to provide information to ICBC using the Website. You represent, warrant and agree that: (a) all information you provide on or through the Website (each, a “Submission”) will be true, accurate and complete; (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times; (c) you will not impersonate any person or misrepresent any affiliation; (d) ICBC is entitled to rely on each Submission; (e) you will only include the personal information of another individual in a Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law; and (f) you have obtained at your own expense all necessary consents, rights and permissions required to grant to ICBC the license to Submissions described below.
14. License to Submissions. By making a Submission, you thereby grant to ICBC an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how ICBC collects, uses and discloses personal information that might be included in a Submission, please see ICBC’s Privacy Statement.
15. Unacceptable Use. You will not: (a) use the Website to violate any law or any person’s legal rights; (b) interfere with the functioning of the Website in any way; (c) use the Website to transmit any virus, Trojan horse, worm, or other software, script or code the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Harmful Code”); (d) decrypt, decompile, disassemble or reverse engineer the Website or any software or systems used to provide it; (e) access or use any part of the Website that is (expressly or implicitly) not intended for use by you; (f) use any non-ICBC automation code in relation to the Website (including any “bot” or “spider”); (g) collect or harvest any information from the Website in a bulk or systematic way; (h) create derivative or competitive works from the Website; (i) link to the Website by way of framing technology or deep links, or otherwise incorporate any portion of the Website into any product or service; (j) copy, modify, adapt, reproduce, repurpose, republish, transmit, or distribute any part of the Website; (k) rent, lease, assign or transfer any part of the Website, or otherwise permit third parties to access and use the Website; (l) remove, alter, or obscure any proprietary notices on the Website; (m) probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website; (n) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Website; (o) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website; or (p) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or Submission you send to ICBC on or through the Website.
16. Removal of Content and Functionality. ICBC may at any time, with or without notice, without liability, and for any reason: (a) remove any content or functionality from the Website; or (b) change any content or functionality on the Website. ICBC furthermore reserves the right to take any action related to the Website that is required to comply with applicable law.
17. Termination. ICBC may at any time, with or without notice, without liability, and for any reason deny you access to the Website and/or terminate or suspend your license to use the Website. If ICBC terminates or suspends your license to use the Website, the Terms will nevertheless continue to apply in respect of your use of the Website prior to such termination or suspension.
18. No Endorsements. ICBC does not endorse any third party business, content, website or application (even if referred to or linked on the Website), and ICBC expressly disclaims all liability in connection with any of them. Your use of any of them is at your own risk.
19. Insurance. The details of the insurance coverage offered by ICBC are set out in the applicable legislation, regulations, coverage certificates, and insurance policies (the “Insurance Documents”). It is your responsibility to review the Insurance Documents. If there is any difference between the Website and the Insurance Documents, then the terms of the Insurance Documents will prevail.
20. Account and Password. You may need to register for an account to use certain features of the Website. ICBC may reject, or require that you change, any user name, password, or other information that you provide to ICBC for that purpose. You, and not ICBC, are responsible for any use or misuse of your authentication details. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your authentication details; (b) use a strong password and frequently revise your password (if applicable); and (c) promptly notify ICBC immediately if you become aware of, or suspect, any unauthorized use of your account or any breach of security.
21. Disclaimer of Warranties. Although ICBC makes reasonable efforts to ensure that information presented on the Website is accurate, the Website (including all content on the Website and any services made available through the Website) is provided “AS IS” and “AS AVAILABLE”, and may include errors, omissions, or other inaccuracies. Your use of the Website is at your own risk. ICBC disclaims all warranties, representations, covenants and conditions (express, implied or statutory) in connection with the Website, including any warranties, representations, covenants or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, or non-infringement. ICBC makes no representation or warranty that the Website will operate error free or in an uninterrupted fashion, or that the Website will be secure, or that any files or information that you download from the Website will be free of Harmful Code. ICBC is not responsible for the security of any information transmitted to or from the Website. ICBC makes no representations or warranties about any third party websites or related content directly or indirectly accessed through links in this Website. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
22. Limitation of Liability. The total aggregate liability of ICBC (and ICBC’s directors, officers, employees, partners, suppliers and agents) for any and all claims, damages, losses, liabilities, costs and expenses (collectively “Losses”) related to the Website, use of the Website, and the Terms is limited to direct damages suffered by you, not to exceed $100. Any action commenced against ICBC must be brought within 12 months of that cause of action arising.
23. No Claim for Certain Damages. In no event will ICBC (or ICBC’s directors, officers, employees, partners, suppliers or agents) be liable to you for any indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for any loss of revenue, savings, income, business, profit, goodwill or reputation whatsoever, based on any legal theory (including tort or negligence), and even if advised of the possibility of those damages.
24. Indemnity. You will indemnify and hold ICBC (and ICBC’s directors, officers, employees, partners, suppliers and agents) harmless from all Losses arising from your: (a) use of the Website; (b) breach of any of the Terms; or (c) untrue, inaccurate, or incomplete Submissions.
25. Notices. Unless expressly otherwise set out in Other Terms, each notice under the Terms must be in writing, and must be delivered to the other party. Each party’s addresses for delivery of notices are as follows, unless otherwise notified by that party:
Notice from you to ICBC:||
Notice from ICBC to you:|
|Att: ICBC Corporate Law Department|
Room 106 - 151 West Esplanade
North Vancouver, British Columbia, V7M 3H9 and
|Any address or email address you provided to ICBC, or that is publicly available (through the internet or otherwise).|
26. Governing Law & Jurisdiction. The Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the Website or its use or content or any services provided through it, or (b) the Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of British Columbia (“BC”) and the federal laws of Canada applicable in BC, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and ICBC each attorn to the exclusive jurisdiction of the courts of BC in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that ICBC shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of the Terms, and (b) you agree that ICBC shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of BC, and you hereby waive any defence you might then have to the granting of such an order.
27. Injunction. You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable harm to ICBC, such harm would not be quantifiable in monetary damages, and ICBC would not have an adequate remedy at law. You agree that ICBC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of the Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that ICBC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ICBC to enforce any provision of the Terms.
28. Severability. If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
29. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in the Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination.
30. Entire Agreement. The Terms represent the entire agreement between you and ICBC with respect to use of the Website, and the Terms supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to the Website.
31. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of the Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
32. Assignment of Terms. You may not assign the Terms without the prior written consent of ICBC. ICBC may assign the Terms without restriction.
33. Enurement. The Terms will enure to the benefit of and will be binding on you and ICBC and your and its respective successors and permitted assigns.
Last updated: June 2, 2020