Legal terms and policies

Community Grants Program Terms

Please review these Terms carefully. By accepting funding through ICBC’s Community Grants Program, you agree to the following Terms and any funding provided by ICBC is subject to them. If you do not agree to be bound by these Terms, then you must not accept any funding from ICBC.

1. ACCEPTANCE AND APPROVAL

1.1 Acceptance. By applying for and accepting funding through ICBC’s Community Grants Program, you thereby accept and agree to: (a) these ICBC Community Grants Program Terms, including Schedules A, B and C (the “Terms”); (b) any additional instructions or conditions disclosed by ICBC at the time of funding approval; and (c) any other reasonable directive as may be advised by ICBC from time to time (collectively, your “Agreement”).

1.2 Application Accuracy. You represent and warrant that you have accurately described the initiative, project or activity for which you are seeking funding in your grant application, including any amendments or resubmissions as may be requested by ICBC (the “Program”). You agree to notify ICBC promptly of any change to the Program or any other circumstances that affects, or might affect ICBC’s approval or its funding of the Program.

1.3 Approval. Approval for funding and any amount(s) paid to you for your Program (the “Funds”) are determined at ICBC’s sole discretion.

1.4 Use of Funds. Funds must be used only for the Program and in accordance with the scope approved by ICBC. Written approval from ICBC is required before the Funds may be used for any activity not directly related to the Program and scope as described, or as permitted by these Terms.

1.5 Agreement Term. Your Agreement will be in effect until the “End Date”, which is the earlier of (a) the date on which all funded activities have concluded, including any events, services, educational activities, campaigns or other initiatives described in your approved application, or, if those funded activities have already concluded when you receive the Funds, the date that you receive the Funds; (b) 12 months from when you receive the Funds from ICBC; or (c) termination of your Agreement under Section 5. At its sole discretion and in writing, ICBC may extend the term of your Agreement to a specified date, which will become the End Date.

1.6 Limitation. ICBC’s role is limited to providing the Funds to you. ICBC makes no representations or assurances regarding Program success or any future funding.

2. PAYMENT TERMS

2.1 Timing. Following approval, ICBC will pay the Funds to you within 60 days of receiving an invoice in a form acceptable to ICBC.

2.2 Interest. ICBC will not pay any interest on the Funds.

2.3 Unused Funds. Any unused Funds at the End Date must be reported and, if directed by ICBC, repaid to ICBC.

3. REPORTING AND COMPLIANCE

3.1 Status Reports. Upon request from ICBC, within 15 days you will provide status reports that include (a) a brief description of the progress of the Program; (b) a summary of the expenditure(s) of the Funds to the date of the request; and (c) if requested, proof of the expenditure(s) of the Funds.

3.2 Final Report. Within 1 month of the End Date, or by such other date as ICBC might authorize, you will provide ICBC with a final report that includes an overview of the Program activities, including dates, numbers of participants, facilities used, non-ICBC partners and a summary of the expenditure of the Funds.

3.3 Legal Compliance. You must comply with all applicable laws in connection with your receipt and use of the Funds, including tax, employment and health and safety obligations, such as the Canada Income Tax Act, Employment Insurance Act and Pension Plan, and the British Columbia Income Tax Act, Workers Compensation Act and Employment Standards Act.

3.4 Permits. You are responsible for obtaining all necessary permits and approvals to undertake the Program including those, if any, that must be obtained from ICBC.

4. ICBC RECOGNITION

4.1 Acknowledgement. You must acknowledge ICBC’s contribution in all communications and promotional materials related to the Program.

4.2 Your License. Subject to Section 4.3, ICBC grants a revocable, non-exclusive, non-sublicensable and non-transferable license for you to use the ICBC trademarks set out in Schedule “B” (the “ICBC Marks”) solely for the promotion of the Program, in reference to the Program and/or to list ICBC as a funder (collectively, the “Permitted Use”).

4.3 Brand Guidelines. Permitted Use of ICBC Marks must be specifically approved by ICBC in advance, and must be in accordance with the ICBC Logo and Brand Guidelines set out in Schedule “C”.

4.4 Expiry of License. Subject to Section 4.5, your Permitted Use can continue for up to 6 months after the End Date, following which the license to use ICBC Marks expires and you must immediately stop all use of the ICBC Marks.

4.5 Termination of License. The license granted in Section 4.2 is automatically terminated if your Agreement is terminated under Section 5. ICBC can terminate the license granted in Section 4.2 for any reason and at any time by providing written notice to you. Upon any such termination, you must immediately stop all use of the ICBC Marks.

5. TERMINATION

5.1 Termination by You Without Cause. You can terminate your Agreement for any reason at any time by repaying the full amount of the Funds to ICBC.

5.2 Termination by ICBC Without Cause. ICBC can terminate your Agreement for any reason at any time by providing you with 30 days’ written notice. If you receive such notice, unless otherwise directed by ICBC you must promptly repay to ICBC any Funds unused as of the date of the notice.

5.3 Termination With Cause. By providing you with written notice, ICBC can terminate your Agreement immediately if (a) you use any Funds for an unapproved purpose; (b) you fail to report as requested; (c) you misuse ICBC Marks; (d) you otherwise breach your Agreement; or (e) if ICBC reasonably believes that (i) your financial or business conditions could negatively affect your delivery of the Program or the viability of your Agreement; or (ii) your Agreement or your delivery of the Program could negatively affect ICBC's reputation or have adverse regulatory consequences for ICBC. If you receive such notice, unless otherwise directed by ICBC you must promptly repay the full amount of the Funds to ICBC.

5.4 Survival. Rights and obligations which, by their nature, extend beyond the End Date will survive the expiry or termination of your Agreement.

6. LIABILITY

6.1 Waiver. You waive any and all claims against ICBC arising from or relating to the Program, the Funds or your Agreement.

6.2 Indemnity. You will indemnify ICBC, its officers, directors, employees and agents against any and all claims by third parties related to the Program, the Funds or your Agreement.

7. GENERAL

7.1 Notices. All notices given under these Terms must be in writing. Notice to ICBC must be made by emailing: [email protected]. Notice to you must be given to the email address provided in your application, or to such other email or address as you may expressly provide for the purpose by way of notice to ICBC.

7.2 Governing Law. Your Agreement is governed by the laws of British Columbia.

7.3 Relationship. Nothing in your Agreement, nor any actions of the parties, creates an agency relationship, partnership or joint venture. Neither party is authorized to make any commitments or incur obligations on behalf of the other.

7.4 Entire Agreement. Your Agreement constitutes the entire agreement between you and ICBC, and it can only be amended by ICBC, in writing.

SCHEDULE A – DEFINITIONS

The following interpretations apply to your Agreement unless the context clearly requires a different meaning:

(a) references to money relate to the lawful currency of Canada; (b) “you” means the individual or organization applying to ICBC’s Community Grants Program and accepting your Agreement; (c) Section or Schedule references within these Terms refer to the Sections or Schedules of these Terms; (d) “law” includes the then most current statutes, regulations, by-laws, ordinances, judicial precedents, orders in council, and prescriptions of governmental or regulatory authorities (each, as applicable to your Agreement); (e) “including” means including without limitation; and (f) in relation to ICBC, “trademarks” means ICBC’s name, domain names, marks, and distinctive brand features.

SCHEDULE B – ICBC MARKS

1. ICBC Word Mark
Official mark with application number: 0903608
Registered trade-mark with registration number: TMA747044

ICBC

2. ICBC Design Mark – Light Logo on Dark Background
Official mark with application number: 0919163
Registered trade-mark with registration number: TMA747042

(Note: The dark background around the mark is only for display purposes of showing the light mark and is not a part of the mark).

3. ICBC Design Mark – Dark Logo on Light Background
Official mark with application number: 0905252
Registered trade-mark with registration number: TMA747042