Terms of Use

_{Last updated:  June 29, 2021}

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CPABC WEBSITE.  THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE CPABC WEBSITE AND RELATED SERVICES, EXEMPTS CPABC AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE CPABC WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE CPABC WEBSITE.
 

1. Who is CPABC?
   
   In BC, legislation to unify the legacy professional accounting bodies—the Institute of Chartered Accountants of BC (ICABC), the Certified General Accountant Association of BC (CGA-BC), and the Certified Management Accountants Society of BC (CMABC)— went into force on June 24, 2015.
   
   Each provincial CPA will be a member organization of the Chartered Professional Accountants of Canada (CPA Canada), which will soon represent more than 190,000 professional accountants across the country.
   
   CPABC is responsible for the training and certification of CPA students. CPABC is also responsible for the regulating and professional development of its members, and the protection of the public through its ethical standards and discipline processes.

    

2. Your Acceptance of these Terms of Use
   
   These Terms of Use are a legal agreement between you and CPABC regarding your access to and use of the CPABC website located at www.bccpa.ca and all content, information, products and services available on or through the website (collectively, the “Website”).  The Website is the property of CPABC and its licensors. 
   
   Each time you access or use any aspect of the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms of Use.  If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.
   
   These Terms of Use are in addition to any other agreement you may have with CPABC, including an agreement for your purchase of CPABC products or services. 
    
3. Changes to these Terms of Use
   
   CPABC may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website.  The changed Terms of Use are effective immediately upon posting.  It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the last version.  By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use.  You may not change, supplement or amend these Terms of Use in any manner.
    
4. Permissible Users
   
   If you are a natural person, you may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law.  If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.
   
   If you are a legal person, such as a corporation, or are using the Website on behalf of any incorporated or unincorporated organization or business, you represent that you have the authority to bind the corporation or other incorporated or unincorporated organization or business, and that these Terms of Use are binding on and enforceable against that corporation or other incorporated or unincorporated organization or business.
   
   You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by CPABC, or if these Terms of Use as they apply to you have been terminated.
    
5. Permissible Use
   
   The Website is made available to you for your lawful, personal, non-commercial use only.  You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws.  Using the Website for any other purpose or in any other manner is strictly prohibited.
   
   The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of CPABC.
   
   You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers.  You may not use any of the software or services that are used by CPABC in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.
   
   If you are accessing the Website from outside of Canada, you are solely responsible to ensure that your access to an use of the Website complies with the local laws to which you are subject.
    
6. Ownership of Website and Content
   
   The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those items and the Website as a whole) are owned solely by CPABC and its licensors (including CPA Canada), and are protected by Canadian and international copyright, trademark and other laws.  Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
   
   Images of people used on the Website are used with permission or in accordance with applicable law.  Reuses of these images without permission may violate the privacy and publication rights of those persons, and is strictly prohibited.
    
7. Your Information
   
   You will ensure that all information you provide to CPABC, through the Website or otherwise is true, accurate, current and complete.  CPABC will rely on the information you provide.  You will be solely responsible and liable for any and all loss, damage and additional costs that you, CPABC or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
    
8. Communications
   
   You authorize CPABC to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to CPABC’s affiliates and services providers; and (c) respond to your communications through the Website, by email or other means of communication.
   
   Communications you send to CPABC are not effective unless and until they are processed by the responsible CPABC representative.  CPABC may refuse to process any communications sent to CPABC, or may reverse the processing of any communications sent to CPABC, at any time in CPABC’s discretion, and without any notice or liability to you or any other person, including if CPABC believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
    
9. Personal Information Privacy
   
   CPABC collects personal information and non-personal information from users of the Website.  CPABC’s Privacy Policy is available online.  By accepting these Terms of Use and each time you use the Website, you consent to CPABC’s collection, use, disclosure and retention of your information in accordance with the most current version of the Privacy Policy and as otherwise permitted by applicable law.
    
10. Misprints and Errors
    
    CPABC endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions or other errors may sometimes occur.  CPABC reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the Website content without any notice or liability to you or any other person.
     
11. Trademarks
    
    CPABC, BCCPA.CA, the CPA, CA, CGA and CMA names and logos and other related names and logos are registered or unregistered trademarks, service marks and trade names owned by CPABC (including ICABC, CGA-BC and CMABC as the constitutuing organizations of CPABC or predecessor organizations to CPABC) or licensed by CPABC from others, including CPA Canada.  Other names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners.  Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
     
12. Accounts and Codes 
    
    To access and use certain features and services of the Website you must have a valid website account and use a valid user name and password (collectively “Codes”) accepted by CPABC.  Accounts and Codes are personal, and may not be shared.
    
    You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes).  You may not disclose your Codes to any other person or permit any other person to use your account or Codes.  You will immediately notify CPABC by telephone at 604-872-7222 or email to info@bccpa.ca if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person.
    
    CPABC is not under any obligation to verify the actual identity or authority of any person using your account or Codes.  CPABC may act upon any communication that is given through your account or by using your Codes.
    
    Codes do not restrict access by CPABC to password-protected information.  Codes may not prevent unauthorized access to data or other information.  CPABC may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
    
    CPABC may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if CPABC is not satisfied with the proof.
     
13. Feedback/Submissions
    
    Any feedback or unsolicited ideas, suggestions, content or other materials that you send to CPABC (collectively “Submissions”) are deemed to be non-confidential.  You automatically grant to CPABC and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of CPABC and its successors, assigns and licensees any and all moral rights in the Submissions.
    
    You will not make any Submissions that are unlawful, defamatory or threatening, or which would constitute or encourage any criminal offence or violation of law. 
     
14. Linked Sites
    
    For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”).  Linked Sites are independent from CPABC, and CPABC does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content.  Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against CPABC arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
     
15. Prohibited Activities
    
    Deep links to the Website without the express written permission of CPABC are strictly prohibited.  To request permission to link to the Website, please send an email to info@bccpa.ca.  CPABC may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
    
    Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited.  You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
    
    You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.
    
    You may not attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means.  You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
     
16. Disclaimers, Liability Exclusions/Limitations, and Indemnity
    
    THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CPABC TO THE FULLEST EXTENT PERMITTED BY LAW.  YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE WEBSITE AND ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS.
    
    CPABC DOES NOT PROMISE THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE SPECIFIC RESULTS.  YOU USE THE WEBSITE AT YOUR OWN RISK.  IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.
    
    YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
    
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CPABC GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE CPABC GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CPABC GROUP’S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER EXCEED THE LESSER OF CDN$100.  THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY CPABC OR ANY PERSON FOR WHOM CPABC IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR CPABC KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED. 
    
    THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
    
    YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS CPABC GROUP FROM AND AGAINST ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS/LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE.  YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF CPABC GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF CPABC GROUP, WITHOUT CPABC’S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN CPABC’S DISCRETION.  NOTWITHSTANDING THE FOREGOING, CPABC GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
    
    IN THESE TERMS OF USE, “CPABC GROUP” MEANS CPABC AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
     
17. Browser Compatibility Disclaimer 
    
    The CPABC website is best viewed using the most recent browser version of Chrome, Firefox, Edge, and Safari. If you are using an older browser such as Internet Explorer 11, certain features or functionality will be incompatible or inaccessible. 
     
18. Changes/Termination
    
    Notwithstanding any other provision of these Terms of Use, CPABC may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person.
    
    CPABC may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.
    
    These Terms of Use as they apply to you are effective unless and until terminated.  You may terminate these Terms of Use by permanently ceasing to use the Website and giving written notice of termination to CPABC’s Customer Care.  CPABC may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Website.  The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination.  Sections 6, 7, 8, 11, 13, 15, 16, 18 and 19 of these Terms of Use will survive termination and continue to apply and be binding upon you and CPABC.
     
19. Governing Law and Disputes
    
    These Terms of Use, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.  All disputes arising from, connected with or relating to these Terms of Use, your use of the Website or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and CPABC each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that CPABC may in its discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect CPABC’s rights in, to and associated with the Website and its content.
     
20. Other Matters
    
    You and CPABC are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and CPABC.  Upon request by CPABC, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use.  No consent or waiver by CPABC to or of any breach of these Terms of Use by you will be effective unless in writing and signed by CPABC or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you.  Except as expressly set forth in these Terms of Use, CPABC’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which CPABC may be lawfully entitled under these Terms of Use or at law, and CPABC will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively.  The provisions of these Terms of Use will enure to the benefit of and be binding upon you and CPABC and your respective successors and permitted assigns.  If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose.  You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without CPABC’s express prior written consent, which consent may be withheld in CPABC’s discretion.  CPABC may, without your consent, assign these Terms of Use or any of CPABC’s rights, duties or obligations under these Terms of Use.
    
    In these Terms of Use: (a) a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (d) words importing the singular number only include the plural and vice versa; (e) words importing a gender include both genders; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.
    
    These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and CPABC regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions.  There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and CPABC regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.
     

    You and CPABC have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language.  Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

    All rights not expressly granted by these Terms of Use are reserved by CPABC.

    If you have any questions or comments regarding these Terms of Use, please contact CPABC.