Personal BCeID Account Registration Agreement

THE PARTIES to this Agreement are His Majesty the King in right of the Province of British Columbia ("Province"), and the individual requesting a Personal BCeID Account ("Subscriber").

WHEREAS:

1. The Province's BCeID service facilitates Subscribers obtaining electronic identification in order to access various electronic services ("e-Services") offered by the Province, and by "government bodies" as defined in the Financial Administration Act (B.C.) and other entities as designated by the Province from time to time for the purposes of this Agreement ("Government Bodies");
   
   
2. Personal BCeID Accounts are comprised of a User Login ID created by the Subscriber ("Login ID"); and
   
   
3. The Subscriber wishes to obtain a Personal BCeID Account to access e-Services.

NOW THEREFORE the parties agree as follows.

WARRANTY

1. The Subscriber warrants that:
   1. it has the power and capacity to accept, execute and deliver this Agreement; and
   2. this Agreement is legally binding upon and enforceable against the Subscriber in accordance with its terms.

AGREEMENT

2. The Subscriber is deemed to have accepted the terms and conditions of this Agreement, together with any applicable Schedules, by specifying on this Web page that this Agreement has been read and accepted. The Subscriber may then request a Personal BCeID Account, and upon receipt of the request, the Province may, at its sole discretion, issue a Login ID to the Subscriber. If the Province does not issue a Login ID to the Subscriber, this Agreement is rescinded.

ACCESS

3. The Subscriber agrees that in the event that the Subscriber is unable to provideboth the Login ID and its password, and is unable to successfully access their Personal BCeID Account using the recovery tools, the Subscriber will be required re-apply for a Personal BCeID Account in accordance paragraph 2 in order to make any changes to its Personal BCeID Account.
   
   
4. The Subscriber is responsible for all activities in utilizing the Login ID.
   
   
5. In the event that the Subscriber accesses BCeID or the e-Services from a jurisdiction outside of Canada, the Subscriber consents to the Subscriber's access of any of the Subscriber's personal information that may be stored in BCeID or the e-Services from the applicable jurisdiction outside of Canada.

ADDITIONAL TERMS AND CONDITIONS

6. The Subscriber agrees that the Province or the Government Bodies may require that the Subscriber apply, and be approved, for access to specific e-Services.
   
   
7. The Subscriber agrees that, in addition to the terms and conditions contained in this Agreement, the Province or the relevant Government Body may set terms and conditions in relation to a specific e-Service by posting the terms and conditions on the Web site used to access that e-Service.
   
   

SECURITY

8. The Subscriber will adhere to all security policies, standards or procedures issued by the Province and any Government Bodies in relation to the Login ID or the e-Services.
   
   
9. The Subscriber will take full advantage of security mechanisms built into the BCeID service or the e-Services, and will change the Login ID password frequently but, in any event, not less frequently than as required by the BCeID services or the e-Services.
   
   
10. The Subscriber will not:
    1. permit any third-party to use the Login ID;
    2. divulge, share or compromise the Login ID;
    3. use orattempt to use the Login ID of any other Subscriber;
    4. modify or attempt to modify the Login ID except as required by normal business use;
    5. attempt to defeat or compromise the security related to BCeID or the e-Services;
    6. take any action that might reasonably be construed as altering, destroying or rendering ineffective the security related to BCeID or the e-Services; or
    7. decompile, disassemble, reverse engineer, or otherwise copy any source code associated with BCeID or the e-Services.

OWNERSHIP AND NON-PERMITTED USES

11. The Subscriber acknowledges and agrees that at all times the Province, the Government Bodies or their respective licensors are the owners of any software, hardware, servers, networks or other equipment used to provide BCeID and the e-Services to Subscribers.
    
    
12. The Subscriber will not take any action that would be inconsistent with or infringe any proprietary and intellectual property rights of the Province, the Government Bodies or their respective licensors to any software, hardware, servers, networks or other equipment, and to any documentation or information, used to provide BCeID or the e-Services to Subscribers.
    
    

SUSPENSION OF SERVICE

13. The Subscriber agrees that the Province or a Government Body may suspend or cancel the Login ID at any time if:
    1. the Subscriber has committed an act in contravention paragraphs 7 to 11 of this Agreement;
    2. the Subscriber fails to abide by this Agreement or other terms and conditions that may be posted on the Web site used to access an e-Service; or
    3. the Province or a Government Body deem such suspension or cancellation necessary for any good and valid reason.

DURATION OF AGREEMENT

14. This Agreementwill be in effect from the date of execution until terminated pursuant to the provisions of this Agreement.

TERMINATION

15. The Province may terminate this Agreement:
    1. if, in the Province's sole discretion, the Subscriber breaches a term of this Agreement, immediately upon giving written notice of termination to the Subscriber; or
    2. for any other reason, on giving at least 10 days' written notice of termination to the Subscriber.

WAIVER

16. No failure or delay on the part of the Province or a Government Body to complain of an act or failure of the Subscriber, or to declare the Subscriber in breach of this Agreement, the Terms of Use or other terms and conditions that may be posted on the Web site used to access an e-Service, will constitute a waiver by the Province or a Government Body of its rights.

ASSIGNMENT AND SUBCONTRACTING

17. The Subscriber will not, without the prior written consent of the Province:
    1. assign or transfer this Agreement or any of its rights under this Agreement; or
    2. subcontract any obligation of the Subscriber under this Agreement.

AMENDMENT

18. The Subscriber agrees that the Province may, at its sole discretion, amend the terms and conditions of this Agreement by providing notice of the revised Agreement to the Subscriber. Continued use of the Login ID constitutes acceptance by the Subscriber of the revised Agreement.

LIMITATION OF LIABILITY

19. THE PROVINCE WITH REGARD TO THE BCeID SERVICE, AND THE PROVINCE AND THE GOVERNMENT BODIES WITH REGARD TO THE E-SERVICES, ASSUME NO RESPONSIBILITY OR LIABILITY IN RELATION TO THE SUBSCRIBER'S ACCESS TO ANY E-SERVICE OR TO ANY INFORMATION GENERATED THEREFROM,AND IN PARTICULAR:
    1. in no event will the Province, the Government Bodies and their respective servants, agents, directors, contractors, and employees be liable for direct, indirect, general, special, or consequential damages including personal injury, lost profits, lost savings, or any other incidental damages arising out of the use of, or inability to use BCeID or the e-Services, or to utilize any information or data contained therein; and
    2. the Province, the Government Bodies and their respective servants, agents, directors, contractors, and employees make no warranty or representation, either express or implied, with respect to BCeID or the e-Services, any information or data contained therein, or with respect to their performance, quality, merchantability, or fitness of BCeID or the e-Services for a particular purpose.

INDEMNITY

20. The Subscriber indemnifies and saves harmless the Province, the Government Bodies and their respective servants, agents, directors, contractors, and employees (each an "Indemnified Person") against any and all losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Person may sustain, incur, suffer, or be put to by reason of an act or omission of the Subscriber including by reason of the unauthorized release of information to third parties or the provision of incorrect, incomplete or misleading information to third parties, and the operation or failure of the Subscriber's computer hardware, software, or equipment.

GENERAL

21. Any notice, consent, waiver or other document referred to in this Agreement, to be effective, must be in writing and will be deemed validly given or delivered to and received by the addressee, if mailed then on the third business day after the mailing by prepaid post addressed, if sent by facsimile transmission then when so transmitted, or if sent by electronic mail then on entering an information system outside the control of the addressor, if to the Province:
    
    Email: BCeIDRegistrationDesk@gov.bc.ca
    
    Mailing Address:
    BCeID
    PO BOX 9412 Stn Prov Govt
    Victoria, BC   V8W 9V1
    
    Fax: 250-387-2907
    
    and, if to the Subscriber:
    
    to the Subscriber at the address, fax number and email address specified in the Subscriber's request for a Personal BCeID Account.
    
    
22. The parties may give notice to the others of a substitute address, fax number, email address, or name or title of contact person from time to time.
    
    
23. This Agreement and any modification of it constitute the entire agreement between the parties.
    
    
24. The Schedules to this Agreement are part of this Agreement. In the event of a conflict or inconsistency between this Agreement and any terms and conditions specific to an e-Service as described in paragraph 6 of this Agreement, the terms and conditions of this Agreement prevail.
    
    
25. Time will be of the essence of this Agreement.
    
    
26. This Agreement will not in any way make the Subscriber an employee, agent or independent contractor of the Province or of any Government Body.
    
    
27. This Agreement will be for the benefit of and be binding upon the successors and permitted assigns of the Subscriber.
    
    
28. All provisions of this Agreement in favour of the Province or the Government Bodies, and all rights and remedies of the Province or the Government Bodies, either at law or in equity, will survive the termination of this Agreement.
    
    
29. This Agreement is governed by and is to be construed in accordance with the laws of British Columbia.