Notice of Civil Claim Terms ("NOCC Terms")
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. NOCC Website. ICBC provides software functionality allowing certain notices of civil claim filed in British Columbia to be served on ICBC (each, a "NOCC") by way of ICBC's website (the "NOCC Website").
3. Acceptance. By accessing or using the NOCC Website you accept and agree to these NOCC Terms. You also agree that ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these NOCC Terms as if set out in full in these NOCC Terms.
4. Electronic Service. ICBC will accept service of a NOCC in electronic format (through the NOCC Website) if it is done in compliance with the NOCC Terms and the applicable general rules of service. ICBC will provide you with a confirmation email once the service of your NOCC is accepted.
5. Rules of Court and Evidence. The NOCC Terms provide standard online rules for the use of the NOCC Website, and will not be interpreted in a manner that would change or interfere with the rules of court or evidence.
6. Submissions. The submission of a NOCC through the NOCC Website will not result in any additional obligations (regarding the content of the NOCC), to any party submitting the NOCC, that would not otherwise apply to service of a NOCC through other means.
7. NOCC Website License. ICBC grants to you a revocable, commercial, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the NOCC Website, as permitted under these NOCC Terms, subject to and conditional on your continued compliance with these NOCC Terms.
8. Permitted Users. You may only make use of the NOCC Website if you or your organization: (a) are authorized to practice law in the province of British Columbia; or (b) are self-represented litigant(s) bringing the action pursuant to the NOCC being served on ICBC through the NOCC Website.
9. Rules and Directions. The NOCC Website may contain rules and directions that directly specify (or indirectly denote) the manner in which you should use the NOCC Website. You agree to review and comply with these rules and directions. You also agree to contact ICBC to obtain clarity concerning these rules and directions, should they be unclear or ambiguous.
10. 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 NOCC 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 human rights of others; (d) encourages criminal conduct, 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 NOCC Website, including any "bot".
11. Electronic Communications. If you provide your email address to ICBC on the NOCC Website, then you agree that ICBC may send communications related to your NOCC (including confirmation emails and notices) to this email address. You will be deemed to have received an email on the day after it was sent to the email address you provided.
12. Email - Opting Out and Updates. You can update your email address, or unsubscribe from receiving certain emails, by contacting ICBC at ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.
13. Third Party Services or Software. Certain features of the NOCC 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.
14. Amendments. The "last updated" legend below indicates when these NOCC Terms were last amended. ICBC may unilaterally amend these NOCC Terms at any time by updating these NOCC Terms on the NOCC Website. No amendment to these NOCC Terms will be binding unless ICBC has updated these NOCC Terms on the Website. If you continue to access or use the NOCC Website after amendment of these NOCC Terms, you thereby accept and agree to the amended NOCC Terms. You agree to review these NOCC Terms regularly to determine your rights and responsibilities.
15. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the NOCC 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 NOCC Website, these NOCC Terms will nevertheless continue to apply in respect of your use of the NOCC Website prior to such termination or suspension.
16. Termination for Breach. Any breach of the NOCC Terms by you constitutes a breach of your obligations as a licensee and may, at ICBC's sole discretion, result in the termination or suspension of your access to the NOCC Website.
17. Severability. If any provision of these NOCC 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.
18. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these NOCC 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.
19. Entire Agreement. The NOCC Terms represent the entire agreement between you and ICBC with respect to use of the NOCC 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 NOCC Website.
20. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these NOCC Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
21. Assignment of Terms. You may not assign these NOCC Terms without the prior written consent of ICBC. ICBC may assign these NOCC Terms, without restriction.
22. Enurement. These NOCC 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: October 9, 2020