Road test booking terms for individuals
Please review these terms carefully. Your access to or use of the Individual Road Test Website constitutes your agreement to these terms. If you do not accept and agree to be bound by these terms, then you must not access or use the Individual Road Test Website.
1. About Us. The Insurance Corporation of British Columbia ("ICBC") is a provincial crown corporation providing auto insurance, driver licensing, vehicle registration, road safety, and other products and services in British Columbia.
2. Commercial Use of the Individual Road Test Website is Prohibited. Commercial use of the ICBC road test booking website pages for individuals, or any online service, information or material available through those website pages (collectively, the "Individual Road Test Website") is strictly prohibited. An individual is permitted to use the Individual Road Test Website to book a road test appointment for that individual, or to cancel, rebook or confirm an existing appointment for that individual ("Personal Use"). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ARE NOT PERMITTED TO USE THE INDIVIDUAL ROAD TEST WEBSITE IF ANY PERSON WILL CHARGE A FEE FOR OR RELATED TO SUCH USE.
3. Acceptance. By accessing or using the Individual Road Test Website: (a) you represent and warrant that you are doing so for your Personal Use; (b) you represent and warrant that you are not doing so for any commercial purpose, and no fee will be charged by any person for or related to such use; and (c) you accept and agree to these Road Test Booking Terms for Individuals (the "Individual Terms").
4. Further Acceptance. If you are accessing or using the Individual Road Test Website on behalf of any other person, then: (a) you also accept and agree to these Individual Terms on behalf of that other person and you represent and warrant that you have the legal authority to do so; and (b) the term "you" in these Individual Terms will refer both to you individually and to that other person.
5. Incorporated Terms. You agree that ICBC's Terms and Conditions (the "General Terms") and Privacy Statement are incorporated by reference into these Individual Terms as if set out in full in these Individual Terms, and these Individual Terms are Other Terms as defined in the General Terms.
6. Amendments. The "last updated" legend below indicates when these Individual Terms were last amended. ICBC may unilaterally amend these Individual Terms at any time by updating these Individual Terms on the Website. No amendment to these Individual Terms will be binding unless ICBC has updated these Individual Terms on the Website. If you continue to access or use the Individual Road Test Website after amendment of these Individual Terms, you thereby accept and agree to the amended Individual Terms. You agree to review these Individual Terms regularly to determine your rights and responsibilities.
7. Individual Road Test Website License. ICBC grants to you a revocable, personal, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the Individual Road Test Website, as permitted under these Individual Terms, subject to and conditional on your continued compliance with these Individual Terms. You may only use the Individual Road Test Website for your Personal Use. You must not use the Individual Road Test Website for any commercial or other non-personal use.
8. Any Fees Held In Trust. If a fee is charged by any person to any other person for or related to the use of the Individual Road Test Website (which would be a breach of these Individual Terms), then the person charging the fee holds that fee in trust for ICBC, and shall pay that fee to ICBC forthwith upon demand by ICBC. ICBC will use commercially reasonable efforts to pay any such fees received by ICBC to the individuals for whom road test appointments were booked.
9. Driving Schools and Instructors. Driver training schools (and instructors) may not use the Individual Road Test Website for their work. Without limiting the generality of the foregoing, a driver training school (or instructor) may have its driver training school licence (or the driver training instructor's licence) revoked if the driver training school (or instructor): (a) impersonates a student on the Individual Road Test Website; (b) uses a student's log-in information on the Individual Road Test Website; or (c) otherwise engages in deceptive or unconscionable practices.
10. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the Individual Road Test Website at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If ICBC terminates or suspends your license to use the Individual Road Test Website, these Individual Terms will nevertheless continue to apply in respect of your use of the Individual Road Test Website prior to such termination or suspension.
11. Governing Law & Jurisdiction. These Individual Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the Individual Road Test Website or its use or content or any services provided through it, or (b) these Individual Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of British Columbia ("BC") and the federal laws of Canada applicable in BC, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and ICBC each attorn to the exclusive jurisdiction of the courts of BC in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that ICBC shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Individual Terms, and (b) you agree that ICBC shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of BC, and you hereby waive any defence you might then have to the granting of such an order.
12. Injunction. You acknowledge that any breach, threatened or actual, of these Individual Terms will cause irreparable harm to ICBC, such harm would not be quantifiable in monetary damages, and ICBC would not have an adequate remedy at law. You agree that ICBC shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Individual Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that ICBC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ICBC to enforce any provision of these Individual Terms.
13. Severability. If any provision of these Individual Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
14. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these Individual Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination.
15. Entire Agreement. These Individual Terms represent the entire agreement between you and ICBC with respect to use of the Individual Road Test Website, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to the Individual Road Test Website.
16. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these Individual Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
17. Assignment of Terms. You may not assign these Individual Terms without the prior written consent of ICBC. ICBC may assign these Individual Terms, without restriction.
18. Enurement. These Individual Terms will enure to the benefit of and will be binding on you and ICBC and your and its respective successors and permitted assigns.
Last updated:June 2, 2020