1. Terms of Use
These Terms of Use are an agreement between you and the Province, and govern your use of the Digital Business Card. By indicating that you agree to these Terms of Use, and in consideration of the Province issuing the Digital Business Card to you, you agree to the following.
2. Ability to Accept Terms of Use
To accept these Terms of Use and have the Digital Business Card issued to your Wallet, you must:
3. Creation and Issuance of Digital Business Card
You agree that the Province may:
4. Presentation of Digital Business Card
You are solely responsible for deciding to which Verifiers you present the Digital Business Card and what information to share with Verifiers. Verifiers will be able to confirm independently whether the Digital Business Card is valid or has been revoked, although Verifiers will not be able to see the reason the Digital Business Card was revoked.
5. Acceptable Use
You are solely responsible for all use of the Digital Business Card. You must not:
6. Wallet and Device Protection
You are responsible for the security of:
7. Ownership and License
The Digital Business Card is owned by the Province or its licensors. Subject to your compliance with these Terms of Use, the Province grants you a non-exclusive, revocable, limited license to access and use the Digital Business Card for the purpose of allowing Verifiers with whom you choose to share the Digital Business Card to verify its contents.
8. Revocation of Digital Business Card
The Province may at any time, in its sole discretion, revoke the Digital Business Card issued to you, in order to ensure, without limitation, that the Digital Business Card reflects your current BC Services Card information and is based on current technology. After revoking a Digital Business Card the Province may, in its sole discretion, offer to issue you a new Digital Business Card. If the Province revokes your Digital Business Card and does not issue you a new one, then the revoked Digital Business Card will remain in your Wallet until and unless you delete it. It is your sole responsibility to determine whether a Verifier will accept a revoked Digital Business Card.
9. Termination
These Terms of Use and your license to access and use the Digital Business Card will terminate automatically if:
10. No Warranty
The Digital Business Card 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 Digital Business Card, 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:
11. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances will the Province be liable to you, to any other individual or to any 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 Digital Business Card, 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 Digital Business Card 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.
12. Indemnity
You agree to indemnify, defend and hold harmless the Province and the Province’s employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable legal fees) arising from:
13. Changes to Terms of Use
The Province may at any time, in its sole discretion, make changes to these Terms of Use. When changes are made, the Province will send a notification to your Wallet and to your email address, if you have provided one, informing you that changes have been made to the Terms of Use. You are solely responsible for ensuring that you have not disabled the “messages” function in your Wallet and for providing the Province with an up to date email address, and if you do not do so you are solely responsible for monitoring the posted Terms of Use found at https://www2.gov.bc.ca/gov/content/employment-business/business/managing-a-business/permits-licences/digital-business-card-terms-of-use for changes. The Province is not responsible for your failure to receive any notification sent to your Wallet or email address, and regardless of whether you receive such notification your continued use of the Digital Business Card will constitute your unconditional acceptance of any changes to these Terms of Use.
14. Province Contact Information
If you have questions about your Digital Business Card, contact the BC Registries Help Desk at: BCRegistries@gov.bc.ca
15. General
These Terms of Use are the entire agreement between you and the Province with respect to the Digital Business Card. The headings in these Terms of Use are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms of Use. Sections 7, 10, 11, 12 and 15, and any other sections of these Terms of Use which, by their terms or nature, are intended to survive termination, will survive any termination of these Terms of Use. If any provision of these Terms of Use is invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and all other provisions will remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the province of British Columbia and the applicable laws of Canada. By accepting these Terms of Use, 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 of Use and their subject matter.
16. Definitions
In these Terms of Use, the following terms have the following meanings:
“BC Services Card” means the Province issued identification card to facilitate access to various government services and programs and which may include information such as an individual's name, photograph, date of birth, and a unique identifier.
“Digital Business Card” means the verifiable credential issued to you to identify you as the person who, in relation to the matters set out in section 88(1)(a) to (c) of the Partnership Act, filed a registration statement respecting a sole proprietorship with the Registrar of Companies for the purpose of providing that information to Verifiers.
“Province” means His Majesty the King in right of the Province of British Columbia as represented by the Minister of Citizens’ Services.
“Terms of Use” means the agreement referred to in section 1.
“Verifiers” means third parties to whom you present your Digital Business Card for the purpose of allowing those third parties to verify its contents.
“Wallet” means software, such as the BC Wallet mobile device app, that you can use to receive, store and present digital credentials such as your Digital Business Card.