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Feed BC Directory Terms and Conditions

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Terms of Use for Website Use (Unregistered Users)

These Terms of Use constitute an agreement between you (“you”, “You”, “your” or “Your”, as applicable) and Her Majesty the Queen in Right of the Province of British Columbia, represented by the Minister of Citizens’ Services (the “Province”, “we” or “We”, as applicable) with respect to your use of the Feed BC Directory website (the “Website”). The Website is provided to you for informational purposes and contains content posted by producers and buyers of B.C. food (“Content”). By using the Website to review Content, you are conclusively deemed to have read and to have agreed unconditionally to the terms and conditions set out below (collectively, the “Terms”). If you do not agree with the Terms, you must not use the Website.

Permitted Use

You agree that you will not:

a) Use the Website or any Content for activities or for a purpose different from that for which it was intended including, without limitation, any unlawful activities or purpose;
b) Attempt to circumvent or subvert any security measures associated with the Website or any Content;
c) Take any action or use any program that impedes, restricts, limits or otherwise jeopardizes the operation and/or availability of the Website or any Content; or
d) Take any action that might reasonably be construed as likely to adversely affect any other user of the Website.

Warranty Disclaimer

You agree that your use of the Website and the Content, including the purchase or consumption of any products described in the Content, is entirely at your own risk.  In addition to the Province’s general Warranty Disclaimer, the Province makes no representations or warranties, expressed or implied, regarding the availability of the Website or the accuracy, completeness or currency of any information, including Content, posted on the Website. 

Limitation of Liability and Indemnity

In addition to the Province’s general Limitation of Liabilities, you agree that under no circumstances will the Province or any of its respective servants, employees or agents be liable to you or any person or entity for any direct, indirect, special, incidental, consequential, or other damages (whether based on contract, tort, strict liability or otherwise) as a result of any:

Use of or reliance on any Content or other information included on the Website;

a) Use of or reliance on any Content or other information included on the Website;
b) Business dealings between you and any third party; or
c) Failure to abide by the Terms. 

Without limiting the general nature of the foregoing, you agree that the Province is not responsible for any incomplete, inaccurate, outdated, illegible or misleading Content, connection failures or Website unavailability , or hardware, software or other technical malfunctions.

The Province is not responsible for any Content listed on the Website. The Province has not vetted the appropriateness or viability of, or risk associated with, any of the Content, and does not endorse, recommend, advise on, promote or make any representations about the Content. The Province is neither a principal nor an agent of the entities offering the Content.  

You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from:

a) Your use of the Website or the Content;
b) Your violation of any provision of these Terms;
c) Your violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; or
d) Your breach of any law.

Compliance with Laws

You are solely responsible for compliance with all laws and/or regulations that apply to you in your use of the Website. 

Termination of Website and Amendments to Terms

The Province reserves the right to make changes to the Website and to stop providing the Website at any time.  The Province also reserves the right to modify the Terms at any time, without notice being provided directly to you.

You understand and agree that it is your responsibility to review the Terms on a regular basis to ensure that you are aware of any modifications that may have been made.  Your continued use of the Website constitutes your acceptance of any such modified Terms. In the event that you do not agree to be bound by any such modified Terms, then your sole remedy is to stop using the Website.

General

The headings in these Terms are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms.

The Terms, and the terms available at the hyperlinks referenced herein, constitute the entire agreement between you and the Province with respect to your use of the Website.

If any term or provision of the Terms is invalid, illegal or unenforceable, all other terms and provisions of the Terms will nonetheless remain in full force and effect.

All provisions in this Agreement in favour of either party and all rights and remedies of either party, either at law or in equity, will survive the expiration or sooner termination of this Agreement.

The Terms will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable in British Columbia. 

You agree that any action at law or in equity in any way arising from the Terms and/or in any way associated with your use of the Website will be resolved by arbitration administered under the Arbitration Act.  There will be a single arbitrator.  The arbitration will be administered by the Vancouver International Arbitration Centre and will be conducted in accordance with its Rules of Arbitration.  The place of arbitration will be Victoria, B.C.


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Terms of Use for Registered Users

These Terms of Use constitute an agreement between you (“you”, “You”, “your” or “Your”, as applicable) and Her Majesty the Queen in Right of the Province of British Columbia, represented by the Minister of Citizens’ Services (the “Province”, “we” or “We”, as applicable) with respect to your use of the Feed BC Directory website (the “Website”) to submit information regarding your business and, if selling products, information regarding your products (“Content”). These Terms of Use set out the terms and conditions that apply to you when you submit Content to the Website. By clicking “Submit” as part of the registration process, you are deemed to have read and to have agreed unconditionally to the terms and conditions set out below (collectively, the “Terms”).

Accounts

You are required to register for an account on the Website before providing Your Content to the Site.  You must not register more than once. To register, you must be, and you represent and warrant that you are, at least 19 years old. You further represent and warrant that if you are submitting Content on behalf of a business, that you are accepting these Terms on behalf of that business and you are duly authorized by the business to do so.

You will: (a) ensure that all information you provide during registration is accurate, current and complete; and (b) maintain and regularly update all such information to ensure that it remains accurate, current and complete. 

You are solely responsible for maintaining the confidentiality of your password and account name and for all activities that occur under your password and account name, regardless of who performed such activities. You must immediately notify the Province if you are aware of or suspect any unauthorized use of your password and/or account name.  

Submission and Moderation of Content

You agree that you will only use the Website and submit Content in accordance with the Terms. Your failure to do so may result in you being temporarily or permanently suspended from using the Website.

You are responsible to ensure that any submitted Content is accurate, complete and current and you will take steps to update or remove any Content that is no longer accurate, complete or current.

In accordance with the Terms, all Content will be read and moderated before being published on the Website and you expressly grant the Province the right to moderate, edit, refuse to post or delete any Content that the Province deems, in its absolute discretion, to be unlawful, objectionable, misleading or otherwise inappropriate.

Availability of the Website

The Province expects, but does not guarantee that, the Website will be available 24 hours a day, 7 days a week, subject to routine maintenance, unforeseen circumstances such as power outages and system failures. Subject to the foregoing, you may submit Content at any time.  However, given the need to manage provincial resources, you acknowledge that Content may not be reviewed and posted immediately.  The Province will generally moderate and post Content during regular business hours Monday through Friday.  Content submitted outside of these hours will be reviewed and posted at the earliest opportunity.

You acknowledge and agree that it is your sole responsibility, at your expense, to provide, operate and maintain computer hardware and communications software or web browser software that is compatible with the Website and that any failure to do so may impact your ability to access and use the Website.

Ownership and License

You retain ownership of all Content you submit to the Website.  You represent and warrant that Content submitted by you: (a) is your original work, or has been provided to you or obtained by you from the rightful owner with the necessary permissions; and (b) does not and will not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity.

By submitting Content to the Website, and in consideration of the opportunity to have your Content listed on the Website and other valuable consideration (the receipt and sufficiency of which you hereby acknowledge), you hereby grant to the Province a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, unrestricted license to exercise in respect of your Content those rights set out in the Copyright Act (Canada), including the right to use, reproduce, modify, distribute and display your Content in any and all formats present and future and for any and all purposes associated with the Website. You agree that the Province may engage independent contractors and service providers to assist the Province in exercising these rights.

You agree that the Province may reformat, rearrange or otherwise modify Content submitted by you, and you understand and acknowledge that the Province has no obligation to acknowledge you by name or pseudonym as the author of such Content or to ensure that you remain anonymous.

With the exception of Content submitted by you and other Website users, all intellectual property (including copyright, official marks and trade-marks) contained in the Website is owned by the Province or its licensors.  If you wish to make use of any such intellectual property, you must first obtain permission in accordance with the Province’s policies.

Permitted Use

You agree that you will not:

a) Use the Website or any Content for activities or for a purpose different from that for which it was intended including, without limitation, any unlawful activities or purpose;
b) Attempt to circumvent or subvert any security measures associated with the Website or any Content;
c) Take any action or use any program that impedes, restricts, limits or otherwise jeopardizes the operation and/or availability of the Website or any Content; or
d) Take any action that might reasonably be construed as likely to adversely affect any other user of the Website.

Warranty Disclaimer

You agree that your use of the Website is entirely at your own risk and that you will be liable for any failure to abide by the Terms. In addition to the Province’s general Warranty Disclaimer, the Province makes no representations or warranties, expressed or implied, regarding: 

a) The availability of the Website;
b) The accuracy, completeness or currency of any information, including Content, posted on the Website; or
c) The prospect of contact from third parties interested in your Content or business dealings resulting from such contact.

Limitation of Liability and Indemnity

In addition to the Province’s general Limitation of Liabilities, you agree that under no circumstances will the Province or any of its respective servants, employees or agents be liable to you or any person or entity for any direct, indirect, special, incidental, consequential, or other damages (whether based on contract, tort, strict liability or otherwise) as a result of any:

a) Use of or reliance on any Content or other information included on the Website;
b) Use of the Website;

c) Business dealings between you and any third party; or
d) Failure to abide by the Terms. 

Without limiting the general nature of the foregoing, you agree that the Province is not responsible for any lost, intercepted, incomplete, inaccurate, outdated, illegible or misdirected Content, connection failures or Website unavailability, failed, incomplete, garbled or delayed transmissions, or hardware, software or other technical malfunctions.

You agree to indemnify, defend and hold harmless the Province and all of its respective servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (a) your use of the Website; (b) your violation of any provision of these Terms; (c) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, rights of privacy or rights of publicity; and (d) any claim that any Content submitted by you, or any business dealings resulting from the submission of such Content, caused damage to a third party.

Compliance with Laws

You are solely responsible for compliance with all laws and/or regulations that apply to you in connection with your use of the Website or your Content. 

Termination of Website and Amendments to Terms

The Province reserves the right to make changes to the Website and to stop providing the Website at any time.  The Province also reserves the right to modify the Terms at any time, without notice being provided directly to you.

You understand and agree that it is your responsibility to review the Terms on a regular basis to ensure that you are aware of any modifications that may have been made. Your continued use of the Website constitutes your acceptance of any such modified Terms. In the event that you do not agree to be bound by any such modified Terms, then your sole remedy is to stop using the Website.

Suspension of Service

The Province may, in its sole discretion, immediately suspend or terminate your access to your registered account for the Website if you have, in the reasonable opinion of the Province, in any way jeopardized the integrity or security of the Website or have violated any other provision of these Terms.

Relationship

These Terms will not in any way make you an employee, agent or independent contractor of the Province, nor will you receive an endorsement of the Province of your business or your Content and you will not in any way indicate or hold out to any person that you an employee, agent or independent contractor of the Province, or that the Province endorses your business or your Content.

General

The headings in these Terms are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms.

The Terms, and the terms available at the hyperlinks referenced herein, constitute the entire agreement between you and the Province with respect to your use of the Website, unless you used a form of BCeID to authenticate in setting up an account to use the Website, in which case the BCeID terms found at https://www.bceid.ca/aboutbceid/agreements.aspx will also continue to apply in respect of the type of BCeID used.

If any term or provision of the Terms is invalid, illegal or unenforceable, all other terms and provisions of the Terms will nonetheless remain in full force and effect.

All provisions in these Terms in favour or either party and all rights and remedies of either party, either at law or in equity, will survive the expiration or sooner termination of these Terms.

The Terms will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable in British Columbia. 

You agree that any action at law or in equity in any way arising from the Terms and/or in any way associated with your use of the Website will be resolved by arbitration administered under the Arbitration Act.  There will be a single arbitrator.  The arbitration will be administered by the Vancouver International Arbitration Centre and will be conducted in accordance with its Rules of Arbitration.  The place of arbitration will be Victoria, B.C.


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Business Ownership and Operations Collection Notice and Disclosure

By providing your business and operating information, you consent to the Ministry of Agriculture and Food collecting, using and disclosing information regarding your business ownership/operations to users of the Feed BC Directory to support users’ social procurement decisions, and for ongoing program planning and evaluation. Be advised, the Ministry of Agriculture and Food is also collecting your optional self-identification information under Section 26 (c) and (e) of the Freedom of Information and Protection of Privacy Act (FOIPPA) for the purpose of allowing users to make informed social procurement decisions, and for planning and evaluating the Feed BC Directory. By choosing to provide optional self-identification information related to your business ownership and operations, you consent to the collection and disclosure of your self-identification information to users of the Feed BC Directory. This consent is effective immediately and does not have an expiry date. You can remove the business ownership/operations information, along with self-identification information, directly from your profile if you no longer wish to have it disclosed to users of the Feed BC Directory.

If you have any questions, please contact:

Kristina Bouris, A/Senior Manager, Value Chain Innovation
Ministry of Agriculture and Food,
PO Box 9120 Stn. Prov. Gov.,
Victoria, B.C.
V8W 9B4
778-974-3488

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BCeID Collection Notice

To create a user profile and access the Feed BC Directory, you will need to log in with your BCeID. Your BCeID User ID is collected by the B.C. Government under Section 26(c) of The Freedom of Information and Protection of Privacy Act for the purpose of securing access to your Feed BC Directory profile, single sign-on 1 and identity brokering.2

The Ministry will contact you by email a few times per year with reminders to update your profile and product listings, and share any updates or improvements to the Feed BC Directory.

Should you have any questions about the collection of this personal information please contact:

Kristina Bouris, A/Senior Manager, Value Chain Innovation
BC Ministry of Agriculture and Food
PO Box 9120 Stn. Prov. Gov.,
Victoria, B.C.
V8W 9B4
778-974-3488


 

  1. Single Sign-On is an authentication method that allows a user to use one set of login credentials (BCeID) to access multiple applications.
  2. In this case, identity brokering enables the use of BCeID as an identity source for the Feed BC Directory.


 

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