If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Website (or any part thereof) and your user account, if any. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your user account, if any, and all related information or files in your user account and bar any further access to such information or files or the Website (or part thereof). Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Website. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Website, or any policies or practices of Small Business BC in providing the Website, including without limitation any change in content, is to cease using the Website and cancel or terminate your registered user account, as applicable. Although Small Business BC does not constantly monitor the Website, it nevertheless expressly reserves the right to do so.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Small Business BC controls marketplacebc.ca from its offices within the Province of British Columbia, Canada. The Website can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of British Columbia, by accessing the Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
Certain portions, components, content and features of the Website are only available to individuals who register with the BC Marketplace and create a user account on the Website (each, a “Registered User”). If you are a Registered User then you agree to the following:
a) In consideration of your use of the Website, you represent that you are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of British Columbia and the federal laws of Canada or other applicable jurisdiction. You also agree to:
i. provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Website (the “Registration Data”); and
ii. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Small Business BC has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof);
b) Registered Users will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
i. immediately notify Small Business BC of any unauthorized use of your password or account or any other breach of security; and
ii. ensure that you exit from your account at the end of each session; and
c) We may send email communications related to your registration or membership in order to keep you updated about important changes to these Terms & Conditions.
Small Business BC intends for the content on the Website to be accurate and reliable, however, the Website and its content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. In particular, Small Business BC does not control the content posted by users on the Website and makes no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Website. Furthermore, to the fullest extent permissible pursuant to applicable law, Small Business BC, its respective affiliates, and its respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. Small Business BC expressly disclaims any representation or warranty that the Website will be free from errors, viruses or other harmful components, that communications to or from the Website will be secure and not intercepted, that the services and other capabilities offered from the Website will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Without limiting the foregoing, Small Business BC expressly excludes (and you hereby release Small Business BC from) any liability for any of the following:
a) fraud by any user of the Website;
b) any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Website or the content therein;
c) any failure by Small Business BC to ensure that they do not breach any copyright or other intellectual property right of any third party;
d) harm or damages resulting from any dealing between you and any business hosted on the Website;
e) any content contained on or through any business’s profile hosted on the Website;
f) any link on the Website to any other site; and
g) loss or damage caused by delay or errors in, or the downtime of, the Website (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that Small Business BC has been advised of the possibility of such loss or damage.
Nothing in these Terms & Conditions is intended to limit or exclude any liability on the part of Small Business BC where and to the extent that applicable laws prohibit such exclusion or limitation.
In no event shall Small Business BC or its affiliates, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Website or any other site you or users of your account may access while using the Website or your use or the use by users of your account of the content found on the Website, even if advised of the possibility of such damages.
Feedback provided by Small Business BC and its employees or contractors is not to be taken as legal advice. Small Business BC assumes no liability due to actions taken by clients as a result of feedback or commentaries.
Dealing With Third Parties
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Website is solely between you and such third parties, and Small Business BC has no control over the quality, legality or inappropriate nature of the content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. Small Business BC is not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Small Business BC, are responsible for compliance with all laws applicable in any such transaction.
Small Business BC does not endorse and is not responsible for the views, opinions, facts, advice, or statements provided by businesses included on the Website, and the inclusion of any business’s information, logo, or services on the Website does not imply Small Business BC’s endorsement, sponsorship, or approval of that business.
You acknowledge and expressly agree that use of the Website is at your sole and own risk. You agree to defend, indemnify and hold Small Business BC and its affiliates as well as its respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms & Conditions by you or users of your account, or in any way arising out of the use of the Website, including without limitation, the placement or transmission of any information or other materials on the Website by you or users of your account.
Prohibited Use of the Website
You shall not use the Website in any way that would interfere with its operation nor submit any content to the Website which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Website any information or other materials that:
a) could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
b) could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, Small Business BC and its respective affiliates;
c) could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, Small Business BC and its affiliates;
d) could be considered as a use of the Website that is contrary to law or electronic etiquette, or which would adversely impact the use of the Website or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
e) contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
i. falsehoods or misrepresentations
ii. unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to:
(a) using the Website to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who have not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation;
(b) using the Website to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and
(c) sending messages to distribution lists, newsgroup aliases, or group aliases; or
iii. surveys or contests; or
g) encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.
Small Business BC does not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Website and Small Business BC expressly disclaims any and all liability in connection with your submissions to the Website.
Small Business BC reserves the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Website, in whole or in part, at any time, at its sole discretion and without prior notice.
You may only use or reproduce the Website’s content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the content of the Website in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Website.
Materials on this Website were produced and compiled by Small Business BC to allow consumers to support their local businesses and find suppliers and providers closer to home.
The material on this site is covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations and international agreements. Such provisions serve to identify the information source and, in specific instances, to prohibit reproduction of materials without written permission.
Small Business BC encourages linking to our Website. We ask only that:
- Users exercise due diligence in ensuring the accuracy of the materials reproduced;
- Small Business BC Marketplace be identified as the source; and
- The reproduction is not represented as an official version of the materials reproduced, nor as having been made in affiliation with or with the endorsement of Small Business BC.
Some of the materials and graphical elements found on the Website are subject to copyrights held by other organizations. Some restrictions on the reproduction of materials or graphical elements may apply; it may be necessary to seek permission from the author or copyright holder prior to reproduction.
To obtain information concerning copyright ownership and restrictions on reproduction on this site, please contact firstname.lastname@example.org
The Website may contain links to third-party websites (the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
Requests for Links From the BC Marketplace Website
To request a link to be placed on the Website, please contact the webmaster at email@example.com. In its sole discretion, Small Business BC reserves the right to deny any such requests for link placement.
In your contact message, please explain how the proposed link relates to this policy and contributes to the objective and enhancement of the Website. Ensure that your contact name and email address are included. If a proposed link meets the criteria stated in this policy, it may still be declined at the discretion of the Small Business BC administrators. If a link is approved, the administrators of the target site will be informed and the link established.
A reciprocal link back to the Website is encouraged.
Guidelines when Linking to the Small Business BC Marketplace Website
Small Business BC requests that webmasters periodically check the integrity of external links to specific pages or documents to the Website. Small Business BC is not responsible for contacting webmasters with links to updated documents or pages.
If you have any questions or comments about any term of these Terms & Conditions, please contact us at firstname.lastname@example.org. Thank you.