Road Test Booking Terms for Schools
Please review these terms carefully. Your access to or use of the School Road Test Website (as 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 School Road Test 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. Acceptance. By accessing or using ICBC's road test booking website pages for schools, or any online service, information or material available through those website pages (collectively, the "School Road Test Website"): (a) you represent and warrant that you are doing so on behalf of a driving school that provides road test services in British Columbia; (b) you and the school represent and warrant that the school has obtained ICBC's express prior written authorization to access and use the School Road Test Website; and (c) you accept and agree to these Road Test Booking Terms for Schools (the "School Terms"). You also accept and agree to these School Terms on behalf of the school and you represent and warrant that you have the legal authority to do so. The term "you" in these School Terms will refer both to you individually and to the school.
3. Incorporated Terms. You agree that ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these School Terms as if set out in full in these School Terms, and these School Terms are Other Terms as defined in the General Terms.
4. Amendments. The "last updated" legend below indicates when these School Terms were last amended. ICBC may unilaterally amend these School Terms at any time by updating these School Terms on the Website. No amendment to these School Terms will be binding unless ICBC has updated these School Terms on the Website. If you continue to access or use the School Road Test Website after amendment of these School Terms, you thereby accept and agree to the amended School Terms. You agree to review these School Terms regularly to determine your rights and responsibilities.
5. School Road Test Website License. ICBC grants to you a revocable, commercial, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the School Road Test Website, as permitted under these School Terms, subject to and conditional on your continued compliance with these School Terms. You may only use the School Road Test Website for the commercial purpose of booking a road test appointment for a student who is currently participating in a driver training program with your driving school, or to cancel, rebook or confirm an existing appointment for that student. You must not use the School Road Test Website for any other commercial use.
6. Permitted Use. You will:
(a) comply with ICBC's Driver Training Industry Code of Conduct (DTC410);
(b) not use the Individual Road Test Website (as defined in the Driver Licence Booking Terms for Individuals), in relation to any activity that is associated with your driving school or its students;
(c) only make appointments on behalf of students who are currently (at the time of booking the appointment) participating in a driver training program with your driving school;
(d) obtain a person's prior written consent, by making use of ICBC's Student Consent and Release Form (DTC205), before submitting that person's personally identifiable information to ICBC;
(e) use the School Road Test Website to book Class 5/7 road tests, Class 6/8 road tests, or motorcycle skills test (but you may use a telephone line specified by ICBC to book Class 1, 2, 3 and 4 road tests, or any road test re-examinations);
(f) provide the following accurate driving school information when booking a road test: (i) full legal name; (ii) driver training certification number; (iii) telephone number; and (iv) driver licence number of the driving school personnel booking the road test;
(g) provide the following accurate road test applicant information when booking a road test: (i) driver's licence number; (ii) last name; (iii) class of licence; (iv) desired test location; and (v) desired test date and time;
(h) not book an appointment for which the a road test applicant is ineligible;
(i) not book multiple concurrent appointments for a single road test applicant;
(j) not use a road test applicant's information to book an appointment for any other road test applicant(s);
(k) make any necessary cancellations of road test appointments at least 48 hours before the scheduled appointment time;
(l) promptly make any necessary cancellations of road test appointments for road test applicants that pass stand-by appointments;
(m) make every effort to minimize the number of re-bookings of road test appointments;
(n) make every effort to minimize the number of missed road test appointments; and
(o) not cancel or change appointments made by individuals without the express written consent of that individual or an ICBC driving school inspector or investigator.
7. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the School Road Test 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 School Road Test Website, these School Terms will nevertheless continue to apply in respect of your use of the School Road Test Website prior to such termination or suspension.
8. Other Agreements. These School Terms are in addition to any other agreement between the school and ICBC. If a conflict or inconsistency exists between these School Terms and a term of any other agreement between the school and ICBC, these School Terms shall prevail to the extent of the conflict or inconsistency.
9. Governing Law & Jurisdiction. These School Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the School Road Test Website or its use or content or any services provided through it, or (b) these School 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 School 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.
10. Injunction. You acknowledge that any breach, threatened or actual, of these School 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 School 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 School Terms.
11. Severability. If any provision of these School 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.
12. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these School 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.
13. Entire Agreement. These School Terms represent the entire agreement between you and ICBC with respect to use of the School Road Test Website, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to the School Road Test Website.
14. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these School Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
15. Assignment of Terms. You may not assign these School Terms without the prior written consent of ICBC. ICBC may assign these School Terms, without restriction.
16. Enurement. These School 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: July 22, 2020