TERMS OF USE FOR ONLINE EMPLOYMENT SERVICES SYSTEM
The Online Employment Services System (the “System”) allows you (“You” or “you”) to apply for and communicate regarding WorkBC employment services, apprentice services or assistive technology services (together, the “Services“) through Work BC.
These Terms of Use (the “Terms”) are an agreement between you and His Majesty the King in Right of the Province of British Columbia, represented by the Minister of Social Development and Poverty Reduction (the “Province”), and govern your use of the System. By indicating that you agree to these Terms, and in consideration of the use of the System, you agree to the following:
1.
Ability To Accept Terms. To accept the Terms and use the System, you must be, and you represent and warrant that you are: (a) at least nineteen (19) years of age; or (b) if you are under 19, you have obtained the consent of your parent or guardian to accept this Agreement on your behalf, in which case your parent or guardian is responsible for your use of the System. If you have not met these requirements, you must not access or use the System.
2.
Authentication. In the event that you used a BCeID issued to you to verify your identity in order to use the System, the BCeID terms found at BCeID Agreements continue to apply to you in respect of the type of BCEID used. In the event that you used your BC Services Card to verify your identity in order to use the Licensed Application, you acknowledge that the BC Login Service Terms of Use continue to apply to you in respect of your use of the BC Services Card.
3.
Passwords and Privacy Protection. Except as provided in section 4, you agree not to share passwords or login information for the System with any other individual or entity and you further agree to logout after each use of the System by clicking the “Log Out” button.
4.
Minors. If you are the parent or guardian of a minor, you must not use their passwords or login information for the System on their behalf unless they are incapable of doing so on their own.
5.
Ownership. The System, the website through which the System is accessed, and all other information and works made available, displayed or transmitted in connection with the System, including without limitation data, text, audio, video, trademarks, trade names, logos, domain names, images, graphics, graphical user interface elements and designs, in any form or medium whatsoever (collectively, the “Content”), are owned by the Province or its licensors and are protected by copyright, patent, trademark and other laws protecting intellectual property rights.
6.
License. The Province hereby grants to you a non-exclusive, royalty-free, non-transferable and, subject to section 7 of these Terms, perpetual license to use the System and the Content in accordance with these Terms of Use. You must not copy, distribute, republish, transmit or otherwise exploit any part of the System or the Content, and the Province expressly reserves all intellectual property rights in and to the System and the Content.
7.
Termination. The Province may at any time, in its sole discretion, suspend or terminate your use of the System, in whole or in part: (a) if you fail to comply with any provision of these Terms of Use; (b) as a security measure; or (c) for administrative purposes. If your use of the System is terminated for any reason, your license to use the System and the Content will end automatically.
8.
Acceptable Use. You must not take any action in connection with your use of the System that would jeopardize the security, integrity and/or availability of the System, including, without limitation:
(a)
using the System for any unlawful or inappropriate purpose;
(b)
decompiling, disassembling, reverse engineering or otherwise copying any software associated with the System;
(c)
tampering with any portion of the System;
(d)
using the System to transmit any virus or other harmful or destructive computer code, files or programs or to conduct hacking and/or intrusion activities;
(e)
attempting to circumvent or subvert any security measure associated with the System;
(f)
taking any action that might reasonably be construed as likely to adversely affect other users of the System; or
(g)
removing or altering any proprietary symbol or notice, including any copyright notice, trademark or logo, displayed in connection with the System.
9.
Privacy. Personal information is collected from you by the Ministry of Social Development and Poverty Reduction (the “Ministry”), the details of which depend on which particular Services you apply for through the System. This personal information is collected by the Ministry under the authority of sections 26 (c) and (e) of the Freedom of Information and Protection of Privacy Act (FOIPPA) and used by the Ministry, its contractors and subcontractors for the purposes of administering and evaluating the Services. Under the authority of section 33.1 (d) of FOIPPA, the personal information collected from you may be disclosed by the Ministry to Employment and Social Development Canada or the Canada Employment Insurance Commission, either or both of which may use your personal information to monitor, assess or evaluate the effectiveness of the assistance provided through the Services.
If you have any questions about the collection, use or disclosure of your personal information, please contact the Records clerk of the Employment and Labour Market Services Division, Ministry of Social Development and Poverty Reduction at WorkBCOESprivacy@gov.bc.ca.
If you have any questions about the collection, use or disclosure of your personal information, please contact the Records clerk of the Employment and Labour Market Services Division, Ministry of Social Development and Poverty Reduction at WorkBCOESprivacy@gov.bc.ca.
10.
Changes to System and/or Terms. The Province may at any time, in its sole discretion and without direct notice to you: (a) discontinue the System; or (b) make changes to the System and/or these Terms. By continuing to use the System, you will be conclusively deemed to have accepted any changes to these Terms.
11.
Third Party Web Sites. You acknowledge that: (a) the System may include links to third party web sites; (b) when you link to a third party web site, you may be subject to the terms of use and/or the privacy policy, if any, of that third party web site; and (c) the Province does not endorse the content of any third party web sites and is not responsible for the terms of use, privacy policies, practices or content of any third party web site.
12.
No Warranty. The System is provided to you “as is”, and the Province disclaims all representations, warranties, conditions, obligations and liabilities of any kind, whether express or implied, in relation to the System, including without limitation implied warranties with respect to merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the general nature of the previous sentence, the Province does not represent or warrant that:
(a)
the System will be available;
(b)
your use of the System will be timely, uninterrupted or error free;
(c)
any errors in the System will be corrected; or
(d)
the System will meet your expectations and requirements.
13.
Limitation of Liability. To the maximum extent permitted by applicable law, under no circumstances will the Province be liable to any person or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury or damage, whether foreseeable or unforeseeable (including without limitation claims for damages for loss of profits or business opportunities, use or misuse of, or inability to use, the System, interruptions, deletion or corruption of files, loss of programs or information, errors, defects or delays) arising out of or in any way connected with your use of the System and whether based on contract, tort, strict liability or any other legal theory. The previous sentence will apply even if the Province has been specifically advised of the possibility of any such loss, claim, injury or damage.
14.
Indemnification. You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of the System; or (b) your violation of any provision of these Terms.
15.
WorkBC App. If you use the WorkBC App, including to access the System and its Content, you will need to enter into an End User License Agreement with the Province with regard to the WorkBC App. In the event of any conflict between these Terms and the EULA, the EULA will prevail.
16.
General. These Terms and, as applicable, the additional terms referenced in these Terms, are the entire agreement between you and the Province with respect to the subject matter of these Terms. The headings in these Terms are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms. If any provision of these Terms is invalid, illegal or unenforceable, that provision will be severed from these Terms and all other provisions will remain in full force and effect. These Terms will be governed by and construed in accordance with the laws of the province of British Columbia and the applicable laws of Canada. By using the System, 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 and their subject matter.