(a) "applicable law" includes applicable statutes, regulations, judicial precedents, orders in council, and directives of governmental or regulatory authorities;
(b) “BCLC” means British Columbia Lottery Corporation;
(c) “Gambling Documents” means the applicable rules and conditions that apply to any lottery schemes offered by BCLC, howsoever described, including player agreements, rules and regulations, game conditions, and rules of play established by BCLC and posted at https://www.playnow.com/about-playnow/legal.htm;
(d) “Other Terms” means any such other notices, agreements, rules, conditions and legal terms that are applicable to the Sites you access or use;
(e) "person" includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies, and all other juridical entities recognized by applicable law;
(f) “Sites” means various websites operated by BCLC that provide information, and in some cases services;
3. Interpretation. Unless the context otherwise requires, words importing the singular include the plural and vice versa. A provision relating to the discretion or authorization of BCLC is in such BCLC’s sole, absolute and unfettered discretion, with no requirement to act reasonably or provide reasons. Where the word “include”, “includes”, “including”, or other variation on “include” is used, such word is deemed to be followed by the words “without limitation”.
5. Changes to the Sites. BCLC may in its discretion, without any prior notice and without liability, a) modify, suspend or discontinue any portion of the Sites including any Terms, and b) remove or change any content or functionality from the Sites. BCLC furthermore reserves the right to take any action related to the Sites that is required to comply with applicable law.
6. Termination. BCLC may at any time, with or without notice, without liability, and for any reason deny you access to the Sites and terminate or suspend your licence to use the Sites. If BCLC terminates or suspends your licence to use the Sites, the Terms will nevertheless continue to apply in respect of your use of the Sites prior to such termination or suspension.
8. Unacceptable Use. You will not:
a. use the Sites to violate any applicable law or any person’s legal rights;
b. interfere with the functioning of the Sites in any way;
c. use the Sites to transmit any virus, Trojan horse, worm, or other software, script or code the effect or intent of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data;
d. decrypt, decompile, disassemble or reverse engineer the Sites or any software or systems used to provide it;
e. access or use any part of the Sites that is (expressly or implicitly) not intended for use by you;
f. use any non-BCLC automation code in relation to the Sites (including any “bot” or “spider”);
g. collect or harvest any information from the Sites in a bulk or systematic way;
h. create derivative or competitive works from the Sites;
i. link to the Sites by way of framing technology or deep links, or otherwise incorporate any portion of the Sites into any product or service;
j. copy, modify, adapt, reproduce, repurpose, republish, transmit, or distribute any part of the Sites;
k. rent, lease, assign or transfer any part of the Sites, or otherwise permit third parties to access and use the Sites;
l. remove, alter, or obscure any proprietary notices on the Sites;
m. probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, or breach the security or authentication measures on the Sites or any network connected to the Sites;
n. collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Sites;
o. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or any systems or networks connected to the Sites; or
p. forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or Submission you send to BCLC on or through the Sites.
9. Feedback and Submissions. Any ideas, suggestions, or feedback that you provide to BCLC relating to the Sites or BCLC’s business will be exclusively owned by BCLC. You agree that: (a) all information you provide on or through a Site (each, a “Submission”) will be true, accurate and complete; (b) you will not impersonate any person or misrepresent any affiliation; (c) BCLC is entitled to rely on each Submission; (d) you will only include the personal information of another individual in a Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law; and (e) you have obtained at your own expense all necessary consents, rights and permissions required to grant to BCLC the license to Submissions described below. By making a Submission, you thereby grant to BCLC an irrevocable, unlimited, sublicensable, transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever including commercial purposes, and you hereby waive all related moral rights or warrant that such rights have been waived by any third-party holder. However, any personal information that is included in a Submission will only be used and disclosed in accordance with BCLC’s Privacy Statement. BCLC may in its discretion screen, edit, refuse to post, refuse to reply to, and remove any Submissions, in whole or in part, from the Sites.
10. No Liability for Third-Party Sites. Your use of any of any third-party business, content, website or application (even if referred to or linked on the Site) is at your own risk, and BCLC expressly disclaims all liability in connection with any of them.
11. Account and Password. You may need to register for an account to use certain features of the Sites. BCLC may reject, or require that you change, any user name, password, or other information that you provide to BCLC for that purpose. You, and not BCLC, are responsible for any use or misuse of your authentication details. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your authentication details; (b) use a strong password and frequently revise your password (if applicable); and (c) promptly notify BCLC immediately if you become aware of, or suspect, any unauthorized use of your account or any breach of security.
12. Disclaimer of Warranties. Although BCLC makes reasonable efforts to ensure that information presented on the Sites is accurate, the Sites, including all content on the Sites and any services made available through the Sites, are provided “AS IS” and “AS AVAILABLE”, and may include errors, omissions, or other inaccuracies. Your use of the Sites is at your own risk. BCLC disclaims all warranties, representations, covenants and conditions in connection with the Sites, including any warranties, representations, covenants or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, or non-infringement. BCLC makes no representations or warranties about any third-party websites or related content directly or indirectly accessed through links in the Sites. Your sole and exclusive remedy for dissatisfaction with the Sites is to stop using the Sites
13. Limitation of Liability. In addition to any other limitation of BCLC's liability contained in the Gambling Documents, in no event will BCLC (or BCLC’s directors, officers, employees, service providers, subsidiaries and agents (the “BCLC Parties”)) be liable to you for any indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for any loss of revenue, goodwill or reputation whatsoever, based on any legal theory (including tort or negligence), and even if advised of the possibility of those damages.
14. Indemnity. You will indemnify and hold BCLC and the BCLC Parties harmless from all claims, damages, losses, liabilities, costs and expenses (collectively “Losses”) arising from your: (a) use of the Sites; (b) breach of any of the Terms; or (c) untrue, inaccurate, or incomplete Submissions. For the purpose of enforcing this indemnity, you acknowledge and agree that BCLC may act as agent and trustee for the BCLC Parties.
15. Governing Law & Jurisdiction. The Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any conflict of law rules that might apply the laws of any other jurisdiction. You and BCLC each attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims). Notwithstanding the foregoing, (a) you agree that BCLC 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 the Terms, and (b) you agree that BCLC 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 British Columbia , and you hereby waive any defence you might then have to the granting of such an order.
16. Injunction. You acknowledge that any breach, threatened or actual, of the Terms will cause irreparable harm to BCLC, such harm would not be quantifiable in monetary damages, and BCLC would not have an adequate remedy at law. You agree that BCLC 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 the 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 BCLC post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to BCLC to enforce any provision of the Terms.
18. Notices. Unless expressly otherwise set out in Other Terms, each notice under the Terms must be in writing, and must be delivered to the other party. Each party’s addresses for delivery of notices are as follows, unless otherwise notified by that party:
|Notice from you to BCLC:
|Notice from BCLC to you:
Attention: BCLC Legal Department
Any address or email address you provided to BCLC, or that is publicly available (through the internet or otherwise).
Last updated: Aug 4th, 2021