TERMS AND CONDITIONS OF USE

Please read these terms and conditions of use carefully before registering to use, or using, the Online Grant Application System (“System”) provided by the British Columbia Arts Council, an agency of the Government of the Province of British Columbia (collectively, “BCAC”, “we”, “us” or “our”) via the BCArtsCouncil.ca website (the “Website”). By continuing to use the System, you, the person accessing the System (“you” or “your”), conclusively agree to comply with and be bound by all of the terms and conditions set out below.

These terms and conditions are in addition to, and not a replacement for, all of the terms, conditions and disclaimers associated with the Website, which can be accessed via links contained in the Website’s footer.

We reserve the right, at our sole discretion, to modify these terms and conditions at any time without notice, and such modifications shall be effective immediately upon posting of the modified terms and conditions.

From time to time you may be presented with, and you must agree to, additional terms and conditions when you submit an electronic grant application submission through the System (each, a “Submission”).

In most cases, you will be required to accept any applicable additional terms and conditions, and provide a declaration, each time to wish to enter a Submission.  In any event, you agree to review all applicable terms and conditions periodically (and we recommend that you review them each time you access the System) to be aware of such modifications.  Your continued use of the System shall be deemed to be your conclusive acceptance of these and any additional terms and conditions, as each may be modified from time to time.

If you do not agree to all of these terms and conditions, you may not use the System and are advised to submit your grant application(s) to the BCAC in hard copy format in the traditional manner.

Content Revisions AND CORRECTIONS

The BCAC uses reasonable efforts to ensure all information on the Website and made available through the System (collectively, “Content”) is accurate and current.  However, such accuracy and currency cannot be guaranteed and your reliance thereon is at your own risk, and the BCAC will not be held liable for any inaccuracies or omissions. All Content is subject to change without notice.

The BCAC reserves the right, at any time and from time-to-time, to modify or discontinue, temporarily or permanently, its provision of the System with or without notice, and without any liability, to you.

 

AVAILABILITY AND PERFORMANCE OF THE SYSTEM

The BCAC does not guarantee that the System will at all times be available and operating, and reserves the right to amend or remove certain features or functions in its discretion at any time. You acknowledge and agree that we shall not be liable to you or any other person or entity in any way related to your use of the System or any inability to access or use the System.

No Warranty Or Representation/LIMITATION OF LIABILITY

NEITHER THE BCAC, ITS EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PROVIDING OR DELIVERING THE INFORMATION ON THE WEBSITE OR THE SYSTEM, WILL BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SYSTEM INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION AND LOSS OF USE, DATA, INFORMATION OR PROFITS (REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACT). THIS LIMITATION APPLIES EVEN IF THE BCAC HAS BEEN ADVISED OF, OR FORESEES, THE POSSIBILITY OF ANY DAMAGES OCCURRING.

THE BCAC WILL NOT BE RESPONSIBLE FOR LOST REVENUE OR OTHER COSTS THAT MAY RESULT FROM ANY FAILURE OF, OR INABILITY TO USE, THE SYSTEM OR ANY INACCURATE INFORMATION MADE AVAILABLE ON THE WEBSITE OR THE SYSTEM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND THE SYSTEM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES.

The BCAC may provide you with access to third-party tools that the BCAC neither monitors nor has any input or control over. You acknowledge and agree that the BCAC provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The BCAC shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

SYSTEM ACCESS AND User Accounts

The System provides a singular entry point for registered individuals to make and track the status of their Submissions, manage any received grant(s) and submit reports (as required).  Certain communications with the BCAC may also take place via the System. The System operates on a SmartSimple Software Inc. (“SmartSimple”) platform, running on servers located in Canada that are provided by Amazon Web Services Inc. (“AWS”).

Only authorized persons can log in to the System. You must create a user account (“User Account”), with login name (email address) and password, in order to access and use the System to make Submissions.  You must keep the information relating to your User Account updated at all times.

Personal information collected in the creation of your User Account is collected, used, disclosed, retained and protected by the BCAC in accordance with government policy and applicable legislation, including the British Columbia Freedom of Information and Protection of Privacy Act and the Information Management Act.

After your User Account has been created, you must adhere to all security policies, standards or procedures issued by the BCAC in relation to your login and password, your User Account and your use of the System.

You are solely responsible and liable for maintaining the security of your login and password and for any use or misuse of your User Account.  You must not: a) transfer your User Account or permit any third-party to use your login name or password; b) divulge, share or compromise your User Account password; c) use or attempt to use the login name of any other person; d) test or examine the security related to your or any other person’s User Account; e) take any action that might reasonably be construed as interfering with, compromising, altering or rendering ineffective the System; or f) decompile, disassemble or reverse engineer the System.

You must immediately notify the BCAC if you know or suspect that your login name and/or password have been: a) lost or stolen; b) used without authorization; or c) compromised.  We recommend that you check your User Account from time to time to ensure that no unauthorized use is being made of it and you must change your password on a regular basis.

Your access to the System is permitted under a limited, non-exclusive license solely for the purpose of making and managing your Submission(s) and managing your grant(s).  This license begins upon your first access to the System and ends immediately upon the termination of your User Account.  All User Accounts are the property of the BCAC and may be suspended or cancelled by the BCAC at any time and for any reason without any notice or liability to you or any other person.

 

The BCAC may monitor your access to and use of the System to ensure that you remain in compliance with these terms and conditions and you hereby agree to cooperate with the BCAC and its contractors or auditors in any investigation into a breach of these terms and conditions.  The BCAC is not under any obligation to verify the actual identity or authority of the user of any login name or password.

 

PRIVACY and BUSINESS INFORMATION SHARING

Personal information contained in or associated with any Submission is collected, used, disclosed, retained and protected by the BCAC in accordance with government policy and applicable legislation, including the British Columbia Freedom of Information and Protection of Privacy Act and the Information Management Act.

Any business information that you submit using the System in association with a Submission will be used only for the purposes of reviewing the Submission, determining grant eligibility/awards, managing any grant(s) awarded and aggregated data reporting and analysis for System and grant program evaluation and monitoring purposes (collectively, the “Purposes”).  If you have any questions regarding any information you have provided, please call us at (250) 356-1718.

SUBMISSIONS AND GRANT APPLICATION TERMS

Using your User Account, you may make a Submission on your own behalf or on behalf of an organization that you are authorized to represent.  All Submissions that you have made using the System will be linked to your personal User Account.

Your Submission must be clear and complete.  You acknowledge and agree that you, or the organization that you represent, must meet all grant application eligibility criteria when making a Submission to the BCAC for grant funding. You further acknowledge and agree that there are inherent risks in communicating through electronic means and the BCAC is not responsible for any inability to make a Submission or receive communications at any given time, for any System errors or for the loss or interception of any information provided using the System.

Your Submission must not contain: 1) any materials that infringe upon or violate the intellectual property rights of others; 2) any libelous or slanderous materials; or 3) any personal information unless you have that person’s express consent to include it in your Submission and to allow the BCAC to indirectly collect this personal information by way of the Submission.

All eligible Submissions are reviewed and considered by BCAC staff and jurors. Any submitted information will be used for the Purposes and may also be used for BCAC program evaluation, program development and outreach related to provincial arts and culture funding.

In order to be entitled to receive and retain an awarded grant, you (and any organization that you represent) must be, and remain, in compliance with all of the specifications set out in the Program Guidelines available on the Website. You understand that all decisions made by the BCAC in connection with any Submissions made using the System will be final and binding to the same extent as if they were submitted to the BCAC in hard copy format.

Copyright

We will treat any information that you send to BCAC via the System as non-proprietary and we reserve the right to maintain, copy, use, record, store and disseminate any such information for the Purposes in compliance with applicable law.  Additionally, we reserve the right to disclose this information as permitted or required by applicable law.

The Content, including but not limited to text, forms, moving images, photographs, sounds, music and any other materials or information, is owned or used under license by the BCAC (unless otherwise noted), and protected by domestic and international copyright and other laws.  The Content may not be reproduced or redistributed without the prior written permission of the BCAC or other owner(s).  You may reproduce any form(s) or other information associated with grant opportunities as necessary to prepare a Submission, as well as for your record-keeping purposes.

To request permission to reproduce any other Content, please complete the Copyright Permission Request Form.

Trademark

“BC ARTS COUNCIL”, “BRITISH COLUMBIA ARTS COUNCIL”, the Triangle Design and the BRITISH COLUMBIA BCID (Sun and Mountain Design), and all other marks appearing on the Website and/or the System are trademarks and/or Official Marks of the BCAC, or are used and reproduced with permission. All such marks may not be used or reproduced without the prior written permission of the BCAC or other owner(s).

Consent

You hereby authorize the BCAC to collect, use and retain all relevant information relating to any Submission, as well as your access to and use of the System, for the Purposes. You further authorize any third party service provider acting on the BCAC’s behalf to provide the BCAC with such information, and the BCAC’s indirect collection of any of your personal information from our service providers. This consent is effective on and after the date of information collection and does not expire.

You further consent to the disclosure of such information to BCAC’s jurors or other third parties as may be required for the Purposes.

Viruses and OTHER PROHIBITED USES

You must not input or upload any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage or interfere with the performance or function of the System.  The BCAC assumes no responsibility or liability for any damages to, or viruses that may infect, your computer equipment or other property in connection with your access to or use of the System or your downloading or uploading of any data, text, images, files or other materials from or to the System.

You are prohibited from using the System or any Content: a) for any purpose that is contrary to these terms and conditions; b) for any unlawful purpose; c) for the purpose of violating international, federal or provincial laws or regulations; d) to infringe upon or violate the BCAC’s intellectual property rights or the intellectual property rights of others; e) for collecting or tracking the personal information of others; f) to spam, phish, pharm, pretext, spider, crawl or scrape any Content; g) to interfere with or circumvent the security features of the System, the Website or any other websites or the Internet; or h) in any way that could damage, disable, overburden or impair the System or the Website, or interfere with anyone else’s use of the System or the Website.

Providing links to the System or the Website without the prior written permission of the BCAC is prohibited. Any such permission may be revoked in the BCAC’s sole discretion without any liability to the BCAC.

Indemnification

You agree to defend, indemnify and hold the BCAC, its employees, agents and other representatives harmless from any and all liabilities, costs and expenses, including reasonable legal fees, arising from any act or omission, or violation of these terms and conditions, by you or in any way connected to your access to or use of the System.

Waiver

The BCAC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or rights contained in these terms and conditions.

TERMINATION

The BCAC reserves the right to terminate your User Account and/or access to the System or any Content at any time, for any reason whatsoever, without any notice to you and without any liability to you.

If your permission to access or use all or any part of the System is terminated by the BCAC, then these terms and conditions and all other existing agreements in place between you and the BCAC at that time will continue to indefinitely apply and be binding upon you regarding your prior access to and use of the System, and anything connected with, relating to or arising from your use of the System or the Website.

Governing Laws

The provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia shall govern these terms and conditions. You agree to be bound by the laws of these jurisdictions and all disputes relating to or in any way arising under these terms and conditions will be finally settled in, and the parties hereby attorn to the exclusive jurisdiction of, the Supreme Court of British Columbia sitting in the City of Victoria, British Columbia.

Severability

If any provision of these terms and conditions or the application of them to any person or circumstance is deemed by a court to be invalid or unenforceable to any extent, the remainder of these terms and conditions and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.