Insurance and Claims Terms
Please review these terms carefully. Your access to or use of the "I&C Website" (defined below) constitutes your agreement to these terms. If you do not accept and agree to be bound by these terms, then you must not access or use the I&C Website.
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. I&C Website. ICBC offers insurance, claims, and other related online services on website pages (collectively, the "I&C Website") that are accessible from, or related to, the website page where you accept the Insurance and Claims Terms (the "I&C Terms").
3. Acceptance. By accessing or using the I&C Website: (a) you represent and warrant that you are doing so in accordance with the "Permitted Uses" (described below); (b) you represent and warrant that you are not doing so for any commercial purpose, and no fee will be charged by any person for or related to your use; and (c) you accept and agree to these I&C Terms.
4. Further Acceptance. If you are accessing or using the I&C Website on behalf of any other person, then: (a) you also accept and agree to these I&C Terms on behalf of that other person and you represent and warrant that you have the legal authority to do so; and (b) the term "you" in these I&C Terms will refer both to you individually and to that other person.
5. Incorporated Terms. You agree that: (a) ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these I&C Terms as if set out in full in these I&C Terms; and (b) these I&C Terms are Other Terms as defined in the General Terms. For greater clarity, all references to Website in the General Terms will be construed as including the I&C Website.
6. Amendments. The "last updated" legend below indicates when these I&C Terms were last amended. ICBC may unilaterally amend these I&C Terms at any time by updating these I&C Terms on the Website. No amendment to these I&C Terms will be binding unless ICBC has updated these I&C Terms on the Website. If you continue to access or use the I&C Website after amendment of these I&C Terms, you thereby accept and agree to the amended I&C Terms. You agree to review these I&C Terms regularly to determine your rights and responsibilities.
7. I&C Website License. ICBC grants to you a revocable, personal, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the I&C Website, as permitted under these I&C Terms, subject to and conditional on your continued compliance with these I&C Terms. You may only use the I&C Website for uses permitted under these I&C Terms. You must not use the I&C Website for any commercial or other non-personal use. Without limiting the generality of the foregoing, you are not permitted to use the I&C Website if any person will charge a fee for or related to such use.
8. Any Fees Held In Trust. If a fee is charged by any person (other than ICBC) to any other person for or related to the use of the I&C Website (which would be a breach of these I&C Terms), then the person charging the fee holds that fee in trust for ICBC, and shall pay that fee to ICBC forthwith upon demand by ICBC. ICBC intends to use commercially reasonable efforts to pay any such fees received by ICBC to the persons who were incorrectly charged the fee.
9. Unacceptable Use. In addition to the restrictions in the General Terms, you also agree that you will not make or submit, whether in any communication on the I&C Website or in any document, photo or video that you upload, any statement or other content that: (a) is obscene, indecent, vulgar, defamatory, abusive, harassing, racist, intimidating, hateful or otherwise objectionable; (b) contains language or images that typically would not be considered socially or professionally responsible or appropriate in person; (c) in any way infringes the rights of others; (d) encourages criminal conduct, or that might give rise to civil liability, or that otherwise violates any law; (e) impersonates any other person, whether actual or fictitious; (f) misrepresents your affiliation with any organization; (g) violates the privacy or publicity rights of any other person; (h) constitutes chain letters, pyramid schemes, junk mail, spam, or unauthorized advertising or promotional materials; or (i) contains any Harmful Code as defined in the General Terms. You agree that you will not use any non-ICBC automation code to communicate with any I&C Website, including any "bot".
10. Age of User. Individuals under the age of 16 are strictly prohibited from: (a) using the I&C Website; and (b) submitting any personally identifiable information to ICBC in relation to the I&C Website.
11. Permitted Uses. There are rules and directions on the I&C Website that directly specify (or indirectly denote) the manner in which you should use specific webpages forming part of the I&C Website. You agree to review and comply with these rules and directions when using the applicable webpages. You also agree to contact ICBC to obtain clarity concerning these rules and directions, should they be unclear or ambiguous.
12. Claims - Submissions. If you submit, update or provide information concerning a claim using the applicable I&C Website, then you represent, warrant and agree that, to the best of your knowledge, all information you provide to ICBC in relation to the claim is and will continue to be true, accurate and complete, and you agree that all such information is a Submission as defined in the General Terms. You must update each such Submission (on the I&C Website or otherwise) as necessary so that it remains true, accurate and complete at all times. For greater clarity, you may need to contact ICBC by phone, email or mail to update your Submission. To report or update a claim using the I&C Website, you must have provided ICBC with your email address (which will be retained and used by ICBC for the purposes of communicating with you concerning your claim).
13. Email. If you provide your email address to ICBC on the I&C Website, then you agree that ICBC may send any communications (including notices) to you at this email address for any purpose that you selected (including for marketing and direct deposit purposes). You will be deemed to have received an email on the day after it was sent to the email address you provided. You accept all risks associated with using email communications, including all email security, access and reliability risks.
14. Email - Opting Out and Updates. You may opt out of receiving certain emails (and update or remove your email address) by using the applicable opt out, unsubscribe, or update functionality of the I&C Website, or by mailing your request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.
15. Direct Deposit. If you provide ICBC with your banking information on the I&C Website, then you agree that: (a) ICBC may (but is not obligated to) deposit to your account any amount that is payable by ICBC to you now or in the future (including insurance refunds); (b) ICBC may elect to make any payment to you by cheque rather than by direct deposit; (c) any amount deposited to your account will be deemed to have been received by you as payment in full of such amount; (d) your account must be a Canadian dollar account at a Canadian bank, credit union, or trust company; (e) you assume all responsibility for the account information you provide; (f) you assume all responsibility for any third party fees, charges, hold-periods and set-off related to the direct deposit; (g) ICBC cannot guarantee when you will receive any particular direct deposit payment; (h) ICBC may retain your account information for possible future direct deposits; and (i) you waive all claims against ICBC concerning the aforementioned.
16. Direct Deposit - Opting Out and Updates. You may opt out of receiving direct deposits (and update or remove your banking information), by using the applicable opt out or update functionality of the I&C Website, or by mailing your request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.
17. Disclaimer of Warranties. Without limiting the General Terms, you agree that any information displayed to you on the I&C Website (including any insurance estimate, insurance refund estimate, claims status or claims estimate), is provided for your convenience only, and is provided to you "AS IS" and "AS AVAILABLE". ICBC does not guarantee the currency or accuracy of this information, it is not a binding offer from ICBC, and you are not entitled to rely on it.
18. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the I&C Website at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If ICBC terminates or suspends your license to use the I&C Website, these I&C Terms will nevertheless continue to apply in respect of your use of the I&C Website prior to such termination or suspension.
19. Governing Law & Jurisdiction. These I&C Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the I&C Website or its use or content or any services provided through it, or (b) these I&C 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 these I&C 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.
20. Injunction. You acknowledge that any breach, threatened or actual, of these I&C 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 these I&C 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 these I&C Terms.
21. Severability. If any provision of these I&C Terms (including the General 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.
22. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these I&C Terms (including the General 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.
23. Entire Agreement. The I&C Terms (including the General Terms) represent the entire agreement between you and ICBC with respect to use of the I&C Website, and supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to the I&C Website.
24. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these I&C Terms (including the General Terms) will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
25. Assignment of Terms. You may not assign these I&C Terms without the prior written consent of ICBC. ICBC may assign these I&C Terms, without restriction.
26. Enurement. These I&C Terms will enure to the benefit of and will be binding on you and ICBC and your and its respective successors and permitted assigns.