Terms and Conditions

Introduction

The following terms and conditions govern your use of this website and by using this website, you accept these terms and conditions in full.   If you disagree with all or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website, and agreeing to these terms and conditions, you consent to BCDrive.ca use of cookies.

Authorized Users

Use of BCDrive.ca and the services of this website are available only to residents of Canada who have attained the age of majority in their province of residence. Products and services offered on BCDrive.ca are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing the use of BCDrives.ca.

Website Access

Unless otherwise stated, BCDrive.ca and its licensors own the intellectual property rights of this website and the material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Gearbox Digital Marketing Inc.

Restricted Access

Access to certain areas of this website is restricted.  BCDrive.ca reserves the right to restrict access to areas of this website, or indeed this entire website, at the discretion of Gearbox Digital Marketing Inc.

If BCDrive.ca provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

BCDrive.ca may disable your user ID and password at the sole discretion of Gearbox Digital Marketing Inc. without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to BCDrive.ca a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to BCDrive.ca the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or BCDrive.ca or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BCDrive.ca reserves the right to edit or remove any material submitted to this website, or stored on Gearbox Digital Marketing Inc. servers, or hosted or published upon this website.

Notwithstanding, Gearbox Digital Marketing Inc.’s rights under these terms and conditions in relation to user content, BCDrive.ca does not undertake to monitor the submission of such content to, or the publication of such content, on this website.

Intellectual Property Rights

BCDrive.ca, our services, and any Content and other information and materials created or supplied by Gearbox Digital Marketing Inc., and the selection and arrangement thereof, are owned by Gearbox Digital Marketing Inc. (or our third party licensors) and are protected by Canadian and international copyright and other intellectual property laws and treaty provisions.

“BCDRIVE.ca”, “BC DRIVE”, “B.C. DRIVE" and other trademarks and design marks, trade dress, domain names, service names, logos and associated designs used in connection with BCDrive.ca or our services are trademarks and/or registered trademarks of Gearbox Digital Marketing Inc. and/or its affiliates, licensors, or related companies, and may not be used, copied, or imitated, in whole or in part, without our prior written permission. All other products, brand and company names and logos used or mentioned on BCDrive.ca, any listings or other Content accessed through BCDrive.ca or the use of our services, may be the trademarks (registered or unregistered) of their respective owners. The use of any trademark without the express written consent of the owner of the trademark is strictly prohibited.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  BCDrive.ca makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, BCDrive.ca does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

BCDrive.ca will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BCDrive.ca has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Gearbox Digital Marketing Inc. liability in respect of any:

• death or personal injury caused by Gearbox Digital Marketing Inc. negligence;
• fraud or fraudulent misrepresentation on the part of Gearbox Digital Marketing Inc.; or
• matter which it would be illegal or unlawful for BCDrive.ca to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, BCDrive.ca has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Gearbox Digital Marketing Inc. officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Gearbox Digital Marketing Inc. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Gearbox Digital Marketing Inc.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify BCDrive.ca and undertake to keep BCDrive.ca indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BCDrive.ca to a third party in settlement of a claim or dispute on the advice of Gearbox Digital Marketing Inc. legal advisers) incurred or suffered by BCDrive.ca arising out of any breach by you, or any claim that you have breached, any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Gearbox Digital Marketing Inc. other rights under these terms and conditions, if you breach these terms and conditions in any way, BCDrive.ca may take such action as BCDrive.ca deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

BCDrive.ca may revise these terms and conditions from time to time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

BCDrive.ca may transfer, sub-contract or otherwise deal with Gearbox Digital Marketing Inc. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, constitute the entire agreement between you and BCDrive.ca in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with British Columbia law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of British Columbia, Canada.

Business Name

The business name of BCDrive.ca is Coast BC Drive Ltd.