Terms and conditions

Welcome to the New Ventures BC Society (“NVBC”, “we”, “us” or “our”) portal, located at https://newventuresbc.smapply.io (the “Portal”). Please read all of the terms, conditions, and notices hereunder (the “Terms”) carefully before using the Portal.

The Portal is offered to you by NVBC on the condition that you accept the Terms without modification.  Your use of the Portal constitutes your agreement to all the Terms.

Except to the extent otherwise set forth herein, the Terms do not provide you with a license to or any other rights to any products or services of NVBC.

NVBC reserves the right to change the Terms under which the Portal is offered. You are responsible for regularly reviewing the Terms to ensure your continuing compliance with the Terms.  Your use of the Portal after such changes have been posted will constitute your agreement to the modified Terms.

Ability to Enter into the Terms

In order to enter into the Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and must be fully able and competent to enter into, abide by and comply with the terms and conditions set forth hereinIf you accept the Terms, you represent that you have the capacity to be bound by them.

Permitted Use

NVBC grants you a limited, revocable and non-exclusive license to access and make personal use of the Portal, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NVBC. This license does not include any resale or commercial use of the Portal or its contents.

The following activities are also specifically prohibited:

• any collection and use of any materials made available on the Portal;
• any derivative use of the Portal or its contents; and
• any use of data mining, robots, or similar data gathering and extraction tools.

No part of the Portal may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Portal as long as the link does not portray NVBC, the AccelerateIP program, its partners, collaborators, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any NVBC logo or the AccelerateIP logo or other proprietary graphic or trademark as part of the link without our express written consent.

User Conduct

You must not use the Portal in any way that causes, or is likely to cause, the Portal or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Portal for lawful purposes only.  Certain features of the Portal may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to NVBC that you have the consent of all recipients to send such communications.

If you submit, post or upload content through the Portal, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Portal, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a NVBC employee, host, or representative, or other members or visitors on the Portal is prohibited. 

You must not upload to, distribute, or otherwise publish through the Portal any content which is libellous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Portal or use the Portal to solicit others to join or become members of any other commercial online service or other organization.

AccelerateIP

The Portal may provide information about the AccelerateIP program (the “Program”) and allow you to enter the Program.  You acknowledge and agree that your participation in the Program shall be subject to your acceptance of the applicable program guidelines, available at https://www.newventuresbc.com/accelerateip (the “Program Guidelines”), and by applying to the Program you thereby accept and agree to be bound by the Program Guidelines, in addition to these Terms.   Without limiting the generality of the foregoing, the Program Guidelines may set out terms with respect to eligibility for participation in the Program and the ownership, licensing and confidentiality rights with respect to materials and information submitted by you in connection with the Program.

Intellectual Property

The Portal and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by NVBC, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  NVBC’s society name, the terms “NVBC” and “New Ventures British Columbia”, “AccelerateIP”, the NVBC logo, the AccelerateIP logo, and all related names, logos, product and service names, designs and slogans are trademarks of NVBC or its affiliates or licensors. You must not use such marks without the prior written permission of NVBC. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.  All of the aforesaid rights are retained by NVBC and its affiliates or licensors.

User Submissions

When using the Portal to communicate, transmit, or submit information in connection with the Accelerate IP program, especially regarding your startup or company:

1. Confidentiality: NVBC acknowledges that some submissions related to the Accelerate IP program may contain sensitive information. While we strive to maintain the confidentiality of such submissions, you understand and accept that by submitting such information to the Portal, it may be accessed by NVBC staff, mentors, and any other affiliated entities involved in the program's evaluation or mentoring process. Any other remarks, feedback, or suggestions regarding the Portal's functionality, not directly related to proprietary startup information, are deemed non-confidential.
2. Use of Submission: By participating in the Accelerate IP program, you grant NVBC a limited license to review, analyze, and use your submissions for the purposes of the program, which includes but is not limited to assessment, mentorship, and competition evaluation. NVBC retains the right to utilize your submission internally for program improvement, data analysis, and similar non-commercial activities without needing further consent. Any broader commercial use outside the scope of the program will be pursued only with prior notification.
3. No Liability for Business Ideas: While NVBC is committed to confidentiality, we cannot be held liable for similarities between your submissions and any future NVBC operations, products, or services, unless there's a breach of this agreement or an intentional misconduct by NVBC.
4. Compliance and Responsibility: All submissions must adhere to the content standards specified in the Terms. You affirm that you own or control rights to your submission and have the authority to grant NVBC the rights outlined here. Your submissions must comply with the Terms, and you pledge to indemnify NVBC against any breach of this warranty. You retain full responsibility for your content's legality, reliability, and accuracy. While NVBC may provide a platform, the opinions and content you submit reflect your views, not NVBC's.
5. NVBC’s Limited Liability: NVBC isn't accountable to third parties for the accuracy or content of materials you post. Always ensure your submissions are accurate and do not infringe upon third-party rights.

Consequences of Breach and Termination

NVBC is dedicated to maintaining the integrity and security of the Portal for all its users. Any violation of our permitted use guidelines, user content provisions, or the infringement of intellectual property rights, whether those rights belong to NVBC, its affiliates, partners, or third parties, will be met with swift action.

In the event of any breach of these terms:

1. NVBC reserves the right, at its sole discretion, to immediately suspend, terminate, or restrict your access to the Portal without prior notice.
2. NVBC may block, prevent, or disqualify any entity or individual from on-going or future use of the Portal.
3. Additionally, NVBC retains the right to pursue legal action against any party that fails to comply with our terms or infringes upon rights protected under these terms.

NVBC may also, without any breach, at any time and without notice, and in its sole discretion without any cost, charge, or liability, terminate, withdraw, or suspend your use of the Portal or any portion thereof.

We implore all users to adhere strictly to our guidelines to ensure a productive and respectful environment.

Personal Information Submitted Through the Site

Your submission of personal information to us is governed by our privacy policy, available at https://newventuresbc.smapply.ca/res/p/terms-and-conditions. The Terms incorporate by reference the terms and conditions of the Privacy Policy.

Third-Party Links

The Portal may contain hyperlinks to Websites which are not maintained by NVBC. Hyperlinks to other Websites are provided as a convenience. Use of the hyperlinks and access to such Websites are entirely at your own risk. NVBC is not responsible for the contents of such Websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to such Websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those Websites or the activities of the people, organizations and/or businesses responsible for such Websites.

Disclaimer

No Warranties or Representations: The Portal, along with its materials, information, services, and content, including, without limitation, text graphics, program information and links, is provided "as is" without warranties or representations of any kind, whether express, implied, statutory, or otherwise.

Exclusion of Warranties: To the maximum extent permitted by applicable law, NVBC expressly disclaims:

• Warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, and non-infringement, whether express or implied.
• Warranties against interference with the quiet enjoyment of the Portal.
• Warranties against the presence of malicious code or computer viruses.
• Warranties arising from the course of dealing or course of performance.
• Any representation or warranty that the Portal will operate uninterrupted, be error-free, or that any errors or defects will be corrected, or the Portal or the servers hosting it are free from viruses, malicious code, or other potentially harmful components.
• Warranties or representations concerning the correctness, accuracy, completeness, adequacy, usefulness, timeliness, or reliability of the Portal's materials or information.

Geographical Limitations: NVBC provides the Portal for use primarily within Canada. It makes no representations that the Portal's content is appropriate or accessible from other locations. Accessing the Portal from territories where its content may be illegal is prohibited. Individuals accessing the Portal from outside Canada do so at their own risk and are responsible for compliance with local laws. NVBC may, at its discretion, limit the Portal's availability to any person, area, or jurisdiction.

Data Security and Third-Party Platforms: While NVBC takes reasonable precautions to safeguard the information and data provided through the Portal, no method of transmission or electronic storage is 100% secure. NVBC cannot guarantee the absolute security of the information users provide or that the information will not be accessed, disclosed, altered, or destroyed by a breach of any of our safeguards. Users acknowledge that NVBC utilizes third-party platforms, including but not limited to Survey Monkey Apply, for certain functionalities of the Portal. NVBC is not responsible for the data protection strategies or breaches of these third-party platforms. It is recommended that users review the terms and privacy policies of third-party platforms used in connection with the Portal.

Limitation of Liability

General Exclusion: To the maximum extent permitted by applicable law, in no event shall NVBC nor its affiliates, including their respective officers, directors, employees, agents, licensors, and suppliers, be liable for any of the following, regardless of whether the alleged liability is based on contract, negligence, tort, strict liability, or any other theory:

• Any direct, indirect, special, punitive, incidental, exemplary, or consequential damages,
• Loss of profits, goodwill, or anticipated savings,
• Any damages whatsoever, even if NVBC or its affiliates have been previously advised of the possibility of such damages,
• Any claim, damage, or loss arising from or related to the use, inability to use, or performance of the services, products, or materials available from the Portal.

Reliance on Portal Content: Users agree that NVBC and its affiliates, including their respective officers, directors, employees, agents, licensors, and suppliers, will not be held liable for any claim, damage, or loss, whether direct or indirect, resulting from or related to the use of or reliance on any content or information contained in or available on the Portal.

Indemnification

You agree to indemnify, defend, and hold harmless NVBC and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of the Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you.

Applicable Laws

The Terms and your use of the Portal shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to the conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of the Terms or the Portal, provided that NVBC may seek and obtain injunctive relief in any jurisdiction.

General

Waiver: The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of NVBC’s right to require strict observance of each of the terms herein. 

Severability: The terms and conditions of the Terms shall be deemed severable.  In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions.  

Assignment and Enurement: NVBC may assign its rights and obligations under the Terms.  The Terms will enure to the benefit of NVBC’s successors, assigns and licensees.