Terms of Use Agreement
By receiving the Detailed Valuation Report (“DVR") produced by BC Assessment, you, the individual in receipt of the DVR, agree to be bound by all of the Terms of Use and agree that these Terms of Use constitute a binding contract between you and BC Assessment.
Copyright
The material, content, information and data (collectively, “information," or “data") on the DVR is the intellectual property of BC Assessment and is protected by copyright, unless otherwise noted. Where information is provided by an identified third party, you agree to abide by the third party's policies, if any.
The information available on the DVR is intended for private, non-commercial use by individuals. Any commercial use of the DVR, including the use of any information, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.
You may, subject to these Terms and Conditions, print or otherwise save individual pages for private use. However, information on the DVR may not be modified or altered in any respect, merged with other data, or published in any form, in whole or in part.
Under the Assessment Act (BC), a person must not, directly or indirectly, use BC Assessment information:
- to obtain names, addresses, or telephone numbers for solicitation purposes, whether the solicitations are made by telephone, mail, or any other means;
- to harass an individual; or
- for other uses or purposes specified by regulation;
(collectively “prohibited purposes").
Use of BC Assessment information for any of the prohibited purposes is an offence and prohibited. A person requesting BC Assessment information may be required to complete a declaration:
- specifying the purpose for which the information is to be used; and
- certifying that the information contained in the record will not be used for any of the prohibited purposes.
Liability and Warranty Disclaimer
The information on the DVR is provided by BC Assessment. The information on the DVR is often a secondary copy obtained from various sources and is determined as of specific dates, some on which are set out in the Assessment Act (BC). The information may be subjective in nature and may be subject to errors both of fact and of interpretation. Wherever words or expressions used in the DVR differ from the wording of legislation, the legislation shall prevail.
BC Assessment does not warrant or guarantee that the information on the DVR is current or accurate. BC Assessment makes no representations about the suitability of the information or graphics published on the DVR. The information is provided for convenience only. Use of the information without verification from original sources is at your own risk. Everything on the DVR is provided “as-is". All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are hereby expressly disclaimed.
Limitation of Liability
Under no circumstances will BC Assessment be liable to any person or business entity for any direct, indirect, special, punitive, incidental, consequential, or other damages based on any use of the information contained in the DVR, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if BC Assessment has been specifically advised of the possibility of such damages. The limitations of this section will apply to all causes of action, whether based on breach of warranty, breach of condition, breach of contract, fundamental breach or breaches or infringement of intellectual property rights, negligence, other tort claims, strict liability or any other legal or equitable theory.
Indemnification
You shall defend, indemnify, and hold BC Assessment harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to any violation of these Terms of Use by you or in connection with your use of the DVR and the data.
Waiver
BC Assessment's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right contained in these Terms of Use.
No Assignment
You are not permitted to assign your rights and obligations under these Terms of Use.
Interpretation
These Terms of Use will be interpreted without regard to which party drafted these Terms of Use.
Severability
If any of the provisions of these Terms of Use are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these Terms of Use.
Governing Laws
The provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia shall govern these Terms of Use. You will bring any dispute with BC Assessment related to these Terms of Use, the DVR or the data in the courts of British Columbia.
