AI CHATBOT TERMS OF USE

Version 1: July 20, 2024

HELLOBC AI CONCIERGE – AI CHATBOT TERMS OF USE

The AI chatbot service accessible on HelloBC.com (the “Service”) allows you, the user of the Service (“you”, “You”, “your” or “Your”), to make inquiries (“Input”) and receive information (“Output”) related to travel and tourism in British Columbia, including destinations, accommodations, activities, and other tourism-related services.

These Terms of Use are an agreement between you and Destination BC Corp. doing business as Destination British Columbia (“Destination BC”), and govern your use of the Service. By using the Service, and in consideration of the use of the Service, you agree unconditionally to these Terms of Use.

1. Ability to Accept Terms of Use

In order to use the Service, you must be, and you represent and warrant that you are, at least 19 years of age.

2. Your Obligations

You acknowledge and agree that you are responsible for:

(a) complying with these Terms of Use and all applicable laws in connection with your use of the Service, including the submission of your Input; and

(b) ensuring that you have all necessary hardware, software and communication infrastructure required to access the Service.

3. Ownership

The website through which the Service is accessed and, with the exception of your Input, all other information and works made available, displayed or transmitted in connection with the Service, including without limitation Output, data, text, audio, video, trademarks, trade names, logos, domain names, images, graphics, graphical user interface elements and designs, in any form or medium whatsoever (collectively, the “Content”), and the Service are owned by Destination BC or its licensors and are protected by copyright, patent, trademark and other laws protecting intellectual property rights. Destination BC expressly reserves all intellectual property rights in and to the Service and the Content.

As between you and Destination BC, you own your Input. By submitting your Input to the Service, you grant Destination BC the right to exercise the rights set out in the Copyright Act (Canada) in respect of Your Content, and the right to sublicense all such rights to others. You agree to irrevocably waive in Destination BC’s favour any moral rights which you may have in your Input. You represent and warrant that you have all necessary rights and permissions to grant these rights to Destination BC, and that the grant of such rights does not and will not infringe on the intellectual property or other rights of any individual or entity.

4. Privacy

The Service does not automatically collect any personal information, which is defined in the Freedom of Information and Protection of Privacy Act (British Columbia) as “recorded information about an identifiable individual other than contact information”, from you. You must not include any personal information in your Input, or otherwise provide any personal information to Destination BC in connection with your use of the Service.

5. License

Subject to your compliance with these Terms of Use, Destination BC grants you a non-exclusive, revocable, limited license to access and use the Service and the Content for the purpose of investigating destinations, accommodations, activities, and other tourism-related services in accordance with these Terms of Use. You must not use the Service or any Content for any other purpose unless otherwise approved by Destination BC in writing. If your use of the Service is terminated under section 6, the license described in this section 5 is automatically terminated.

6. Suspension or Termination

Destination BC may at any time, in its sole discretion, suspend or terminate your use of the Service: (a) if you fail to comply with any provision of these Terms of Use; (b) as a security measure; or (c) for administrative purposes. Where Destination BC suspends the use of the Service under this section 6, Destination BC may, in its sole discretion, restore such use where Destination BC is satisfied that the reason for the suspension has been resolved.

7. Changes to Service, Content and/or Terms of Use

Destination BC may at any time, in its sole discretion and without direct notice to you: (a) discontinue the Service; or (b) make changes to the Service, the Content and/or these Terms of Use. By continuing to use the Service, you will be conclusively deemed to have accepted any changes to these Terms of Use.

8. Acceptable Use

You must not take any action in connection with the use of the Service or the Content that would jeopardize the security, integrity and/or availability of the Service or the Content, including without limitation:

(a) using the Service or the Content for any unlawful or inappropriate purpose;

(b) decompiling, disassembling, reverse engineering or otherwise copying any software associated with the Service or the Content;

(d) using the Service or the Content to transmit any virus or other harmful or destructive computer code, files or programs or to conduct hacking and/or intrusion activities;

(e) attempting to circumvent or subvert any security measure associated with the Service or the Content;

(f) taking any action that might reasonably be construed as likely to adversely affect other users of the Service or the Content; or

(g) removing or altering any proprietary symbol or notice, including any copyright notice, trademark or logo, displayed in connection with the Service or the Content.

9. Service and Content Provided “As Is”

The Service and the Content are provided to you “as is”, and Destination BC disclaims all representations, warranties, conditions, obligations and liabilities of any kind, whether express or implied, in relation to the Service and the Content, including without limitation implied warranties with respect to merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without limiting the general nature of the previous sentence, Destination BC does not represent or warrant that:

(a) the Service or the Content will be available;

(b) your use of the Service or the Content will be timely, uninterrupted or error free;

(d) the Service or the Content will meet your expectations and requirements.

10. Artificial Intelligence Limitations

You acknowledge that the Service is an artificial intelligence tool and that if you choose to rely on the Output, you do so entirely at your own risk. Artificial intelligence tools can generate inaccurate or untrue information and you are strongly encouraged to independently verify the Output to ensure that it is accurate before relying on it in any way. The intended purpose of the Service is to assist you with your travel planning and it should not be used in an emergency or for any safety related purpose.

11. No Liability

To the maximum extent permitted by applicable law, under no circumstances will Destination BC be liable to you or to any other individual or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury or damage, whether foreseeable or unforeseeable (including without limitation claims for damages for loss of profits or business opportunities, use or misuse of, inability to use, or reliance on, the Service or the Content, interruptions, deletion or corruption of files, loss of programs or information, errors, defects or delays) arising out of or in any way connected with your use of the Service or the Content and whether based on contract, tort, strict liability or any other legal theory. The previous sentence will apply even if Destination BC has been specifically advised of the possibility of any such loss, claim, injury or damage.

12. Indemnity

You agree to indemnify, defend and hold harmless Destination BC and Destination BC’s employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable legal fees) that Destination BC or any of its employees or agents may sustain, incur, suffer or be put to at any time, either before or after the termination of these Terms of Use, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of: (a) your Input; or (b) your violation of any provision of these Terms of Use.

13. General

These Terms of Use are the entire agreement between you and Destination BC with respect to the subject matter of these Terms of Use. The headings in these Terms of Use are inserted for convenience only and will not be used in interpreting or construing any provision of these Terms of Use. In these Terms of Use: (a) “including” is not intended to be limiting, regardless of whether it is expressly stated not to be so; and (b) terms defined in the singular include the plural and vice versa, as the context requires. If any provision of these Terms of Use is invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and all other provisions will remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the province of British Columbia and the applicable laws of Canada. By using the Service, you consent to the exclusive jurisdiction and venue of the courts of the province of British Columbia, sitting in Vancouver, for the hearing of any dispute arising from or related to these Terms of Use and their subject matter.