Please review these terms carefully. Your access to or use of the “Prorate Website” (defined below) 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 Prorate 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 (“BC”).
2. IRP. The International Registration Plan (“IRP”) is a reciprocity agreement among Canadian provinces and US states that allows BC-based carriers operating commercial vehicles (engaged in the inter-provincial or international transportation of goods) to register commercial vehicles in BC and have that BC registration recognized by other Canadian provinces and participating US states. Information about the IRP is available on the official third-party IRP website, and on ICBC’s Prorate Website.
3. Prorate Website. In facilitation of the IRP, ICBC offers an online Apportioned Information Management System (the “Prorate Website” or “AIMS Website”) that is accessible from, or related to, the website page where you accept the Prorate Terms (the “Prorate Terms”). The Prorate Website provides access to the following types of users: (a) carriers that are registered with ICBC for participation in the IRP (“Carriers”); (b) Autoplan brokers representing Carriers (“Brokers”); (c) certain other representatives of specific Carriers that have been authorized by ICBC (“Approved Service Providers”); and (d) the BC Ministry of Finance (for tax, refund and audit purposes).
4. Acceptance. By accessing or using the Prorate Website: (a) you represent and warrant that: (i) you are doing so on behalf of a Carrier, a Broker representing a Carrier, an Approved Service Provider representing a Carrier, or the BC Ministry of Finance; or (ii) you are otherwise expressly authorized by ICBC to use the Prorate Website; (b) you agree that you will comply with the IRP and with any rules or directions relating to the IRP that are established by ICBC from time to time; (c) you acknowledge that ICBC will not pay any fee or other amount to you or to any other person for or relating to your use of the Prorate Website; and (d) you accept and agree to these Prorate Terms.
5. Further Acceptance. If you are accessing or using the Prorate Website on behalf of any other person, then: (a) you also accept and agree to these Prorate 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 Prorate Terms will refer both to you individually and to that other person.
6. Incorporated Terms. You agree that: (a) ICBC's Terms and Conditions (the “General Terms”) and Privacy Statement are incorporated by reference into these Prorate Terms as if set out in full in these Prorate Terms; and (b) these Prorate Terms are Other Terms (as defined in the General Terms). For greater clarity, all references to Website in the General Terms will be construed as including the Prorate Website.
7. Amendments. The “last updated” legend below indicates when these Prorate Terms were last amended. ICBC may unilaterally amend these Prorate Terms at any time by updating these Prorate Terms on the Website. No amendment to these Prorate Terms will be binding unless ICBC has updated these Prorate Terms on the Website. If you continue to access or use the Prorate Website after amendment of these Prorate Terms, you thereby accept and agree to the amended Prorate Terms. You agree to review these Prorate Terms regularly to determine your rights and responsibilities.
8. Login Credentials. To access the Prorate Website, each individual must sign on to the Prorate Website using the login credentials approved by ICBC for use by that individual (the “Login Credentials”), and each such individual agrees not to share their Login Credentials with any other person. The individual and any other person on whose behalf the individual is accessing the Prorate Website, and not ICBC, is responsible for any use or misuse of the Login Credentials. In particular, it is the sole responsibility of the individual and such other person to: (a) maintain the confidentiality of the Login Credentials; and (b) promptly notify ICBC if it becomes aware of, or suspects, any unauthorized use of the Login Credentials.
9. Declaration and Certification. If you are accessing or using the Prorate Website on behalf of a Carrier, or on behalf of a Broker or Approved Service Provider representing a Carrier, then: (a) you declare on behalf of the Carrier that all requirements have been met for vehicle registration, for insurance, and for the payment of all fees and taxes that may be required by applicable law in those jurisdictions where travel is intended; (b) you certify that any information you submit and any supporting documentation is true and complete; and (c) you certify that you and the Carrier are fully aware of the requirements and obligations of the IRP and understand that all information provided in connection with the Carrier’s IRP registration may be shared with IRP member jurisdictions, IRP Inc., and the BC Ministry of Finance to ensure compliance with the IRP, the Motor Fuel Tax Act (BC), the Provincial Sales Tax Act (BC), the Commercial Transport Act (BC), and other jurisdictions’ IRP-related requirements.
10. Confidential Information. You will not access (or allow others to access) any Carrier data unless that Carrier has expressly authorized you to do so (or you are a government entity approved by ICBC). You will be responsible for maintaining and protecting the confidentiality and integrity of all Prorate Website data that you access (and that you allow others to access), and for employing all necessary technological, physical, administrative, and procedural safeguards to prevent unauthorized access, use, disclosure, and disposal of such data. You will, on ICBC’s request, cause the destruction of all Prorate Website data that you possess (and that you have allowed others to possess).
11. Prorate Website License. ICBC grants to you a revocable, commercial, limited, non-sublicensable, non-transferable, and non-exclusive license to access and use the Prorate Website, as permitted under these Prorate Terms, subject to and conditional on your continued compliance with these Prorate Terms. You may only use the Prorate Website for uses permitted under these Prorate Terms. You must not use the Prorate Website for any other purpose.
12. Unacceptable Use. In addition to the restrictions in the General Terms, you also agree that you will not make or submit, whether in any communication on the Prorate Website or in any document, photo or video that you upload, any statement or other content that: (a) is obscene, indecent, vulgar, defamatory, abusive, harassing, racist, intimidating, hateful or otherwise objectionable; (b) contains language or images that typically would not be considered socially or professionally responsible or appropriate in person; (c) in any way infringes the rights of others; (d) encourages criminal conduct, or that might give rise to civil liability, or that otherwise violates any law; (e) impersonates any other person, whether actual or fictitious; (f) misrepresents your affiliation with any organization; (g) violates the privacy or publicity rights of any other person; (h) constitutes chain letters, pyramid schemes, junk mail, spam, or unauthorized advertising or promotional materials; or (i) contains any Harmful Code (as defined in the General Terms). You agree that you will not use any non-ICBC automation code to communicate with the Prorate Website, including any “bot”.
13. Rules and Directions.There are rules and directions on the Prorate Website that directly specify (or indirectly denote) the manner in which you should use specific webpages forming part of the Prorate Website. You agree to review and comply with these rules and directions when using the applicable webpages. You also agree to contact ICBC to obtain clarity concerning these rules and directions, should they be unclear or ambiguous.
14. IRP Submissions. If you submit, update, or provide information concerning a Carrier (or otherwise) using the Prorate Website, then you represent, warrant, and agree that, to the best of your knowledge, all information you provide to ICBC is and will continue to be true, accurate and complete, and you agree that all such information is a Submission (as defined in the General Terms). You must update each such Submission (on the Prorate Website or otherwise) as necessary so that it remains true, accurate and complete at all times. For greater clarity, you may need to contact ICBC by phone, email, or mail to update your Submission. To make or update a Submission using the Prorate Website, you must have provided ICBC with your email address (which will be retained and used by ICBC for the purposes of communicating with you concerning your Submission).
15. Email. If you provide your email address to ICBC on the Prorate Website, then you agree that ICBC may send any communications (including notices) to you at this email address for any purpose that you selected (including for purposes related to payments, refunds, and marketing). You will be deemed to have received an email on the day after it was sent to the email address you provided. You accept all risks associated with using email communications, including all email security, access, and reliability risks.
16. Email - Opting Out and Updates. You may opt out of receiving certain emails (and update or remove your email address) by using the applicable opt out, unsubscribe, or update functionality of the Prorate Website, or by mailing your request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.
17. Credit Cards. If you provide ICBC with credit card information on the Prorate Website, then you represent and warrant that you have authorization to do so from the Carrier and from the cardholder (if the cardholder is not the Carrier) and you agree, on behalf of the Carrier and the cardholder (if the cardholder is not the Carrier) that: (a) ICBC’s credit card payment service providers may retain the credit card information for use by ICBC now and in the future; (b) ICBC may (but is not obligated to) use the provided credit card information to pay any IRP-related fees that are payable by the Carrier now or in the future; (c) ICBC may (but is not obligated to) refund to the credit card any IRP-related amount that is payable by ICBC to the Carrier now or in the future (including fee refunds); (d) ICBC may elect to make any payment to the Carrier by cheque rather than by refund to the credit card; (e) any amount refunded to the credit card will be deemed to have been received by the Carrier as payment in full of such amount; (f) the credit card must be from an issuer acceptable to ICBC; (g) you and the Carrier assume all responsibility for the credit card information you provide; (h) you and the Carrier assume all responsibility for any third party fees, charges, hold-periods and set-off related to the use of the credit card; (i) ICBC cannot guarantee when the Carrier or cardholder will receive any particular refund payment; and (j) you, the Carrier, and the cardholder (if the cardholder is not the Carrier) waive all claims against ICBC concerning the aforementioned.
18. Credit Cards - Opting Out and Updates. A Carrier (or cardholder) may opt out of using a credit card for payments (and update or remove their credit card information), by using the applicable opt out or update functionality of the Prorate Website, or by mailing a request to ICBC Privacy & FOI, 217 - 151 West Esplanade, North Vancouver, BC, V7M 3H9.
19. Disclaimer of Warranties. Without limiting the General Terms, you agree that any information displayed to you on the Prorate Website (including any fee estimate), is provided for your convenience only, and is provided to you “AS IS” and “AS AVAILABLE”. ICBC does not guarantee the currency or accuracy of this information, it is not a binding offer from ICBC, and you are not entitled to rely on it.
20. Third Party Services or Software. Certain features of the Prorate Website may require the use of third party services or software. To use those features, you may be required to accept additional terms and conditions governing your use of the third party services or software. You agree to comply with those terms and conditions, and you agree not to further develop, copy, or distribute such software. ICBC makes no representations or warranties relating to such third party services or software, and you agree that your use of any such third party services or software is at your own risk.
21. Equipment and Security Standards. You are solely responsible for obtaining, paying for, maintaining, and protecting from loss and damage any and all equipment and services necessary for you to access and use the Prorate Website (including virus protection and regular data backup). You will only access and use the Prorate Website in accordance with information security standards acceptable to ICBC.
22. Termination for Convenience. ICBC, in its sole discretion, may terminate or suspend your license to use the Prorate 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 Prorate Website, these Prorate Terms will nevertheless continue to apply in respect of your use of the Prorate Website prior to such termination or suspension.
23. Governing Law & Jurisdiction. These Prorate Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to: (a) the Prorate Website or its use or content or any services provided through it; or (b) these Prorate Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of BC and the federal laws of Canada applicable in BC, without regard to any conflicts of law rules that might apply under 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 Prorate 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.
24. Injunction. You acknowledge that any breach, threatened or actual, of these Prorate 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 Prorate 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 Prorate Terms.
25. Severability. If any provision of these Prorate Terms (including the General 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.
26. Cumulative Remedies. All rights and remedies of ICBC granted or recognized in these Prorate Terms (including the General 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.
27. Entire Agreement. The Prorate Terms (including the General Terms) represent the entire agreement between you and ICBC with respect to use of the Prorate Website, and supersede all prior or contemporaneous terms, agreements, communications, and proposals, whether electronic, oral, or written between you and ICBC with respect to the Prorate Website.
28. No Waiver of Rights. Failure by ICBC to insist on strict performance of any of the terms or conditions of these Prorate Terms (including the General Terms) will not operate as a waiver by ICBC of that or any subsequent default or failure of performance.
29. Assignment of Terms. You may not assign these Prorate Terms without the prior written consent of ICBC. ICBC may assign these Prorate Terms, without restriction.
30. ICBC Acting as an Agent of the Province of BC. In the provision of services relating to the IRP, ICBC is acting as an agent for and on behalf of the Province of BC. Each provision of these Prorate Terms (including the General Terms) that limits the liability or obligations of ICBC or that indemnifies ICBC also extends to and limits the liability and obligations of the Province of BC or indemnifies the Province of BC, as applicable, as if the Province of BC had been separately named with ICBC in such provision.
31. Enurement. These Prorate 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 24, 2022