TERMS OF USE

Welcome to the EducationPlannerBC Website (the “Website”). These Terms of Use are an agreement between you and the government of British Columbia, as defined in the B.C. Interpretation Act (the “Province”), and govern your access to, and use of, the Website and the tools (“Services”) and resources (“Content”) available on the Website (the Website, the Services and the Content are collectively referred to as the “EPBC Resources”). By accessing the Website and/or using any Services or Content, you agree unconditionally to these Terms of Use. If you do not wish to agree to these Terms of Use, you must close your browser and not access or use the EPBC Resources.

 

1. Acceptance of Terms of Use

If you are under 19, your parent or legal guardian is responsible for your use of the EPBC Resources and your compliance with these Terms. If you are accepting these Terms of Use on behalf of your employer or another organization, you represent and warrant that you have the necessary authority to do so.  In these Terms, “you”, “You”, “your” and “Your” include: (a) in the case of an individual under 19, the individual’s parent or legal guardian; and (b) in the case of an individual accepting these Terms of Use on behalf of an employer or another organization, that employer or organization. 

 

2. Ownership

The EPBC Resources are owned by the Province or its licensors and are protected by copyright, patent, trademark and other laws protecting intellectual property rights.  You must not use the EPBC Resources except as expressly permitted under these Terms of Use or as otherwise approved by the Province in writing.

 

3. License

Subject to your compliance with these Terms of Use, the Province grants you, solely for the Purposes, as defined below, a non-exclusive, revocable license to:  (a) access and use the Website and the Services; and (b) download, use, reproduce and distribute (collectively, “Use”) the Content (collectively, the “License”).  You must not, without the prior written permission of the Province:  (a) modify the Content; or (b) Use the Content for any purpose other than the Purposes.  The Province expressly reserves all intellectual property rights in and to the EPBC Resources. 

In this section 3, “Purposes” means:  (a) the use and access of the Website and the Services by secondary and post-secondary students (collectively, “Students”) and others to obtain information about potential educational and career pathways; and (b) the Use of the Content by Students and others to inform Students about potential educational and career pathways.  For greater clarity, “Purposes” does not include: (a) any Use of the Content that involves charging Students or others any type of fee; or (b) setting up any website or service that uses or is based, in whole or in part, on the EPBC Resources.

 

4. Your Account

You must create an account in order to use certain Services, in which case you will be required to provide certain account information, such as your email address, and to create a UserID and password (collectively, your “Credentials”). You are solely responsible for: (a) providing accurate and complete account information and keeping that information up to date; (b) keeping your Credentials confidential; and (c) all activities associated with your account, whether those activities were performed by you or someone else. You must immediately report any unauthorized use of your Credentials or your account to: support@educationplannerbc.ca.

 

5. Privacy

Any personal information collected from you in connection with your use of the EPBC Resources, including your account information, is collected, used and disclosed in accordance with the Website Privacy Policy, which is incorporated by reference into and forms part of these Terms of Use. 

 

6. Changes to Website/Terms of Use

The Province may at any time, in its sole discretion and without direct notice to you: (a) discontinue the Website; (b) make changes to some or all of the EPBC Resources; and (c) make changes to these Terms of Use. It is your sole responsibility to review these Terms of Use for any changes. By continuing to access or use the EPBC Resources, you will be conclusively deemed to have accepted any changes to these Terms of Use. 

 

7. Acceptable Use

Your use of the EPBC Resources must be lawful and appropriate. Without limiting the foregoing, you must not:

  1. use the EPBC Resources for any purpose not expressly contemplated in these Terms of Use, including without limitation for resale or other commercial purpose;
  2. decompile, disassemble, reverse engineer or otherwise copy (other than as expressly permitted in section 3), in whole or in part, the EPBC Resources;
  3. tamper with any portion of the EPBC Resources;
  4. use the EPBC Resources to transmit any virus or other harmful or destructive computer code, files or programs or to conduct hacking and/or intrusion activities;
  5. attempt to circumvent or subvert any security measure associated with the EPBC Resources;
  6. take any action that might reasonably be construed as likely to adversely affect other users of the EPBC Resources; or

  7. remove or alter any proprietary symbol or notice, including any copyright notice, trademark or logo, displayed in connection with the EPBC Resources.

     

8. Termination/Suspension

If you violate any provision of these Terms of Use, the License will terminate automatically. In that case, you must immediately cease accessing or using the EPBC Resources, and you must destroy or permanently delete any downloaded copies of the Content. In addition, the Province may at any time, in its sole discretion, suspend your account or your access to certain Services as a security measure or for administrative purposes, in which case the Province may, in its sole discretion, restore such access where the Province is satisfied that the reason for the suspension has been resolved. 

 

9. Disclaimer

The EPBC Resources are provided to you “as is”, without warranty of any kind, whether express or implied, and your use of them is entirely at your own risk. The Province expressly disclaims all warranties, representations, conditions, obligations and liabilities of any kind, whether express or implied, in relation to the EPBC Resources, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the general nature of the foregoing, the Province makes no representations or warranties, express or implied, that the EPBC Resources: 

  1. will be available, or that your use of them will be uninterrupted or error free;
  2. are accurate, complete or current; or
  3. will meet your expectations or requirements.

 

10. Third Party Sites 

Any links or references to any third-party websites are provided for information only and do not constitute an endorsement of any kind. The Province is not responsible for the content or reliability of any such websites and does not endorse the content, products, services or views expressed within them.

 

11. Limitation of Liability

Under no circumstances will the Province or any of its employees or agents be liable to you or any individual or entity for any direct, indirect, special, incidental, consequential, or other damages, claims, injuries or losses (whether based on contract, tort, strict liability or otherwise and whether foreseeable or otherwise), including without limitation any lost profits, business interruption or loss of programs or information, as a result of any: 

  1. use of or reliance by you on the EPBC Resources; or 
  2. any failure by you to abide by these Terms of Use. 

Without limiting the general nature of the foregoing, you agree that the Province is not responsible for any lost, intercepted, incomplete or illegible Content, connection failures or unavailability of the EPBC Resources, failed, incomplete, garbled or delayed transmissions, or hardware, software or other technical malfunctions.  This provision will apply even if the Province has been specifically advised of the possibility of any such damages, claims, injuries or losses.

 

12. Indemnity

You agree to indemnify, defend and hold harmless the Province and the Province’s employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable legal fees) that the Province or any of its employees or agents may sustain, incur, suffer or be put to at any time, either before or after the termination of these Terms of Use, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of your violation of any provision of these Terms of Use. 

 

13. General

These Terms of Use (including the Privacy Policy) are the entire agreement between you and the Province with respect to their subject matter.  In these Terms of Use:  (a) headings are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms of Use; and (b) “including” is not intended to be limiting, regardless of whether it is expressly stated not to be so. If any provision of these Terms of Use is invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and all other provisions will remain in full force and effect.  These Terms of Use will be governed by and construed in accordance with the laws of the province of British Columbia and the applicable laws of Canada.  By accessing the Website and/or using any Services or Content, you consent to the exclusive jurisdiction and venue of the courts of the province of British Columbia, sitting in Victoria, for the hearing of any dispute arising from or related to these Terms of Use.

 

Last updated:  October 19, 2023