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Towing Business Partner Terms

Please review these terms carefully. Your access to or use of the Towing BP 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 Towing BP 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.  Towing BP Website. ICBC offers online services for towing companies that are approved ICBC business partners (each, a "Towing BP") on website pages (collectively, the "Towing BP Website") that are accessible from, or related to, the website page where you accept the Towing Business Partner Terms (the "Towing BP Terms").

3. Acceptance. By accessing or using the Towing BP Website: (a) you represent and warrant that you are doing so on behalf of and with the authority of a Towing BP and in accordance with the "Permitted Uses" (described below); (b) you represent and warrant that no fee will be charged by any person (other than ICBC) for (or directly related to) your use; and (c) you accept and agree to these Towing BP Terms on your own behalf and on behalf of your Towing BP. For greater clarity, the term "you" in these Towing BP Terms will refer collectively to you individually and to your Towing BP.

4. Incorporated Terms. You agree that: (a) ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these Towing BP Terms as if set out in full in these Towing BP Terms; and (b) these Towing BP 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 Towing BP Website.

5.  Amendments. The "last updated" legend below indicates when these Towing BP Terms were last amended. ICBC may unilaterally amend these Towing BP Terms at any time by updating these Towing BP Terms on the Towing BP Website. No amendment to these Towing BP Terms will be binding unless ICBC has updated these Towing BP Terms on the Website. If you continue to access or use the Towing BP Website after amendment of these Towing BP Terms, you thereby accept and agree to the amended Towing BP Terms. You agree to review these Towing BP Terms regularly to determine your rights and responsibilities.

6. Towing BP Website License. ICBC grants to you a revocable, commercial, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the Towing BP Website, as permitted under these Towing BP Terms, subject to and conditional on your continued compliance with these Towing BP Terms. You may only use the Towing BP Website for uses permitted under these Towing BP Terms. You may only use the Towing BP Website for the commercial purpose of exchanging information with ICBC that is directly related to your own Towing BP. You must not use the Towing BP Website for any personal or other commercial purpose. You are not permitted to use the Towing BP Website if any person will charge a fee for (or directly related to) use of the Towing BP Website.

7. Any Fees Held In Trust. If a fee is charged by any person (other than ICBC) to any other person for (or directly related to) the use of the Towing BP Website (which would be a breach of these Towing BP 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.

8. 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 Towing BP 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 Towing BP Website, including any "bot".

9. Permitted Uses. There are rules and directions on the Towing BP Website or that may be contained in separate agreements between ICBC and the Towing BP that directly specify (or indirectly denote) the manner in which you should use the Towing BP 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.

10. Authentication and Security. To access the Towing BP Website, you must sign on to the Towing BP Website using the authentication details issued to your Towing BP by ICBC (the "Authentication Details"). The Towing BP, and not ICBC, is responsible for any use or misuse of the Authentication Details. In particular, it is the Towing BP's sole responsibility to: (a) maintain the confidentiality of the Authentication Details; and (b) promptly notify ICBC if it becomes aware of, or suspects, any unauthorized use of the Authentication Details.

11. Coverage Inquiries. Each Towing BP must, without undue delay, provide to ICBC a coverage inquiry ("Coverage Inquiry") for any vehicle under its care, custody or control that is located at or being towed to its business premises and may be related to an ICBC claim, including but not limited to vehicles involved in a collision or perceived comprehensive insurance loss, municipal or private impounds, or abandoned vehicles.

12. Submissions. If you submit, update or provide information using the Towing BP Website, then you represent, warrant and agree that, to the best of your knowledge, all information you provide to ICBC in relation to the submission 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 Towing BP Website or otherwise) as necessary so that it remains true, accurate and complete at all times. You must not make false or misleading representations. To report or update a Submission using the Towing BP Website, you must have provided ICBC with your email address (which will be retained by ICBC and which may be used by ICBC for the purposes of communicating with you with respect to your business).

13. Vehicle Identification Number Scan. To the extent that the Towing BP Website includes a feature that allows you to scan a vehicle identification number ("VIN"), if you use that feature then you must check the accuracy of the VIN returned by the tool to ensure that it is identifying the correct type of vehicle. The feature 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 the VIN returned by the tool.

14. Fees and Payment. The fees payable by ICBC for towing services, the terms and conditions of payment, and the process for submitting claims, are governed by the policies established by ICBC from time to time. All such policies may be amended by ICBC in its sole discretion at any time, with or without notice to you. Any inadvertent delay, omission or error by ICBC shall not legally bind ICBC to pay any amount to a Towing BP that ICBC would not otherwise have been legally obligated to pay. If any delay, omission or error by ICBC or by a Towing BP results in an overpayment by ICBC to a Towing BP, then the Towing BP will promptly repay the overpayment to ICBC after the Towing BP becomes aware of the overpayment. ICBC may elect, in its sole discretion, to apply any amounts owing to ICBC by a Towing BP against any amount or liability owing by ICBC to the Towing BP, even if that amount or liability is not yet due.

15. Electronic Communications. You hereby consent and agree that ICBC may send any communications (including notices) to you through the Towing BP Website or using any email address you provide to ICBC, for any purpose that you selected (including for marketing and direct deposit purposes). You will be deemed to have received an electronic communication on the day after it was sent. You accept all risks associated with electronic communications, including all security, access and reliability risks.

16. Email - Opting Out and Updates. You may opt out of receiving certain emails (and update your email address) by using available opt out, unsubscribe, or update functionality of the Towing BP Website, or by mailing your request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.

17. Direct Deposit. If you provide ICBC with your banking information for direct deposits, 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 fees payable for towing services); (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.

18. Direct Deposit - Opting Out and Updates. You may opt out of receiving direct deposits (and update or remove your banking information), by using available opt out or update functionality of the Towing BP Website, or by mailing your request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.

19. Disclaimer of Warranties. Without limiting the General Terms, you agree that your access to and any information displayed to you on the Towing BP Website (including any information about the status of any Coverage Inquiry, any invoice-like document describing estimated fees, and any VIN), 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. Without limiting the generality of the foregoing, you acknowledge and agree that: (a) information displayed on the Towing BP Website may not be current, and may change without notice to you; (b) the assignment of a claim number does not mean that payment of a towing fee has been approved; (c) any indication of "ICBC coverage" or words to a similar effect is not a commitment by ICBC to pay any invoice; (d) any invoice-like documents that are generated by the Towing BP Website are estimates provided for your convenience, and are not binding on ICBC; and (e) you will not tell the owner of a vehicle anything about the status of the vehicle owner's ICBC claim based on the information that you see on the Towing BP Website.

20. Third Party Services or Software. Certain features of the Towing BP Website may require the use of third party services or software. To use those features, you may be required to accept additional terms and conditions governing your use of the third party services or software. You agree to comply with those terms and conditions, and you agree not to further develop, copy or distribute such software. ICBC makes no representations or warranties relating to such third party services or software, and you agree that your use of any such third party services or software is at your own risk.

21. Certain of Your Responsibilities. You are solely responsible for obtaining, paying for, maintaining, and protecting from loss and damage any and all equipment and services necessary for you to access and use the Towing BP Website (including virus protection and regular data backup). You will only access and use the Towing BP Website in accordance with information security standards acceptable to ICBC. Without limiting the generality of the foregoing, you will be responsible for maintaining and protecting the confidentiality and integrity of all data, and for employing all necessary technological, physical, administrative and procedural safeguards to prevent unauthorized access, use, disclosure and disposal of the data.

22.  No Authority to Bind ICBC. As a Towing BP, you are not an agent, contractor or employee of ICBC, and these Towing BP Terms do not create a partnership or joint venture between you and ICBC. You have no power or authority, express or implied, to act on behalf of ICBC in any manner whatsoever, or to obligate or bind ICBC in any manner whatsoever. ICBC shall not be bound by any agreements or other commitments entered into by you with your customers, your suppliers or any other person.

23. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the Towing BP 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 Towing BP Website, these Towing BP Terms will nevertheless continue to apply in respect of your use of the Towing BP Website prior to such termination or suspension.

24. Termination for Breach. Any breach of the BP Terms by you constitutes a breach of your obligations as a licensee and a Towing BP and may, at ICBC's sole discretion, result in the termination or suspension of your access to the Towing BP Website and/or your ICBC supplier number.

25. Severability. If any provision of these Towing BP 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.

26. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these Towing BP 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.

27. Entire Agreement. The Towing BP Terms represent the entire agreement between you and ICBC with respect to use of the Towing BP 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 Towing BP Website.

28. Related Agreement.  Notwithstanding the aforementioned, if you have a separate agreement with ICBC that relates to your role as a Towing BP ("Related Agreement") then the following terms shall apply: (a) these Towing BP Terms shall be considered as supplemental to the Related Agreement; (b) in the event of any inconsistency between a term of these Towing BP Terms and a term of the Related Agreement, the term of these Towing BP Terms shall prevail in relation to your use of the Towing BP Website; (c) a default under these Towing BP Terms shall be deemed to be a default under the Related Agreement; and (d) if the Related Agreement contains a right to arbitrate ("Arbitration Right"), then the terms of the Arbitration Right are incorporated by reference into these Towing BP Terms (with such incidental changes as may be reasonably necessary for that purpose), and either party may insist on arbitrating any claim or dispute relating to or arising in connection with these Towing BP Terms or the Towing BP Website in accordance with such Arbitration Right.

29. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these Towing BP Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.

30. Assignment of Terms. You may not assign these Towing BP Terms without the prior written consent of ICBC. ICBC may assign these Towing BP Terms, without restriction.

31. Enurement. These Towing BP 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: September 3, 2020