Terms and conditions

Glossary Accessibility

These terms and conditions (“Terms”) govern your access to and use of the Public Guardian and Trustee of British Columbia’s website (referred to as the “PGT’s website” or “our website”).  The Public Guardian Trustee, together with our employees, agents or contractors, are referred to in these Terms as “we”, “our” or the “PGT”. 

Acceptance.  By accessing the PGT’s website you agree that you have read and understood, and will comply with, these Terms and with our Privacy Statement.   If you do not agree to these Terms or our Privacy Statement, you must not access or use the PGT’s website. 

Your privacy.  By agreeing to these Terms or by using the PGT’s website, you expressly consent to the collection, storage, use and disclosure of your information in accordance with our Privacy Statement.  This may include personal information for certain submission features of our website.

No reliance.  The PGT’s website contains general information which is not specific to your situation.  Our website does not provide personalized or professional advice on which you should rely.  You should obtain advice from a qualified professional before taking, or refraining from taking, any action related to the content of the PGT’s website.

No warranties.  All content on the PGT website is provided on an "as is" basis, without warranty of any kind, express or implied, as to accuracy, completeness, currency, or reliability. We expressly disclaim any implied warranty of merchantability, fitness for a particular purpose or non-infringement.  The PGT does not warrant that use of our website will be uninterrupted or error-free or that content from our website, or from any linked website, is free of viruses.  You must take all necessary precautions to ensure the integrity of your own systems and information.

Limitation of liability and assumption of risk.  Use of the PGT website is at your sole risk. The PGT will not be liable to any person or entity for any direct, indirect, special, incidental, consequential, or other damages, including without limitation, any lost profits, business interruption, loss of programs or information. By using our website you expressly disclaim, without limitation, any losses occasioned by negligence, gross negligence, breach of contract, negligent misrepresentation or breach of privacy, even if we have been advised of the possibility of such potential loss or damage. 

Links to third-party sites.  For convenience, the PGT website may contain links to third party websites.  The inclusion of these links does not imply any endorsement of third party content.  It is your sole responsibility to verify information from a linked website before relying on it.  The PGT disclaims all liability with regard to your use of linked websites and accepts no responsibility for any loss or damage arising from that use.  You are subject to any terms and conditions of third-party sites.

Commercial use prohibited.  Nothing in these Terms or our Privacy Statement, or in the content of our website, grants you any license, permission or other right to use our website or associated materials for commercial or other non-personal purposes.  You may only use the PGT’s website for lawful personal and non-commercial use.

Submissions to the PGT.  Certain functionalities of the PGT website allow you to provide records and information to the PGT (“Submission”).  The PGT is entitled to rely on each Submission.  You agree that each submission will be true, accurate and complete to the best of your ability.  You will not impersonate any person or misrepresent any affiliation or legal authority in any Submission. 

Unacceptable use.  You will not interfere in any way with the functioning of the PGT’s website or use our website for any disallowed purpose.  Without limiting the generality of the foregoing, when using our website you will not: (a) engage in any illegal activity or violation of law; (b) collect or harvest any bulk or systemic information; (c) adapt, reproduce, repurpose, republish, transmit, or distribute any PGT materials; (d) rent, lease, assign or transfer any PGT materials; (e) access content or data that is not intended for you; (f) collect, trace, or otherwise seek information regarding any other user; (g) attempt to breach or evade any security or authentication measures; or (h) impersonate a person, or in any way disguise your identity or the origin of any message or Submission.

Changes to terms, content and functionality.  These Terms and our Privacy Statement, or the content and functionality of the PGT’s website, may be changed, updated or terminated at any time in our sole discretion and without advance notice to you.  The PGT has absolute discretion to make such changes and is not liable to any person or entity for any damages which result.  You should review these Terms and our Privacy Statement from time to time to ensure that you remain aware of their contents.

Account and credentials.  You will need to register for an account to use certain features of our website.  This may require you to provide us with certain personal information which will be subject to our Privacy Statement.  You may not share your account and you are solely responsible for any use or misuse of that account.  You will promptly notify the PGT if you become aware of, or suspect, any unauthorized use of your account or any other breach of security.  We are not responsible for any circumvention of any privacy settings or security measures on our website. 

Termination.  The PGT may at any time, and for any reason, deny you access to our website temporarily or permanently.  Without limiting the generality of the foregoing, we may at any time suspend or terminate your account, username, password, credentials or other identifier.  If the PGT terminates or suspends your access, these Terms will continue to apply in respect of any prior usage.  We will not be liable to any person or entity if our website is restricted or unavailable to you at any time.

Intellectual property rights.  You understand and agree that the PGT’s website and all of its  contents, features, and functionality, including, but not limited to, all software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, (collectively, the “PGT IP”) are owned exclusively by us. PGT IP is protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.  The PGT name, logos and designs, and any product or service names associated with our website, are trademarked and no right or license is granted for use of PGT IP other than for lawful personal and non-commercial use.

Indemnity.  You will indemnify, defend and hold the PGT harmless from any and all claims, damages, losses, liabilities, obligations, judgements, awards, costs, legal fees or expenses arising out of or resulting from: (a) your use of the PGT’s website or any material obtained in connection with our website; (b) any breach of any of these Terms or the terms of any third party websites;  (c) your violation of any law or the rights of any third-party; (d) any untrue, inaccurate or incomplete Submission; or (e) any infringement of our legal rights in connection with PGT IP.

Governing Law.  Any dispute, controversy or claim arising in connection with, or related to the use of the PGT’s website or these Terms, shall be governed by and interpreted according to the laws of British Columbia (“B.C.”) and any federal laws of Canada which apply.  You agree to the exclusive jurisdiction of the Courts of B.C. in respect of all matters and disputes in connection with these Terms or your use of the PGT’s website.

Severability.  If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

Entire agreement.  These Terms represent the entire agreement between you and the PGT with respect to your use of the PGT’s website.  These terms supersede any prior terms, whether electronic, oral, or written, with respect to use of our website.

No waiver of rights.  Failure by the PGT to exercise or enforce any right or provision of these Terms will not operate as a waiver by the PGT of that right or provision, or of any subsequent default or failure of performance.

Rights persist.  The disclaimers, limitations on liability and the warranties and indemnities you have provided shall survive any termination of these Terms.  These Terms will be binding on you and the PGT, and upon your respective heirs, executors, successors and assigns.

Assignment.  These Terms are personal to you, and are not assignable, transferable, or sublicensable except with the PGT’s prior written consent.  The PGT may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.