Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the British Columbia Construction Safety Alliance ("BCCSA," "we," "us," or "our") regarding your use of the Subcontractor Safety Compliance Tool ("Tool," "Platform," or "Service") accessible at subcontractor.deejays.ca and related services.

By creating an account, accessing the Tool, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Tool.

2. Description of Service

Tool Purpose

The BCCSA Subcontractor Safety Compliance Tool is designed to:

• Assess Subcontractor Compliance: Evaluate subcontractor safety programs against BC construction safety standards and WorkSafeBC regulations
• Identify Risk Levels: Classify work activities as Critical, High, or Medium Risk based on predefined safety criteria
• Generate Reports: Create comprehensive Subcontractor Compliance Reports and Summary Reports for documentation and communication purposes
• Support Compliance: Assist employers in meeting their legal obligations for subcontractor safety oversight

Service Limitations

The Tool is provided as a support resource and:

• Not Professional Advice: Does not constitute professional health and safety advice, legal counsel, or regulatory interpretation
• Supplementary Resource: Is intended to complement, not replace, existing safety practices and professional safety consultation
• Decision Support: Provides guidance and documentation but does not make safety decisions on your behalf

3. User Eligibility and Account Requirements

Eligible Users

The Tool is available to:

• Construction Employers: Companies engaged in construction activities in British Columbia
• Safety Professionals: Qualified safety coordinators, managers, and consultants
• Authorized Representatives: Individuals designated by construction companies to conduct safety assessments
• Industry Partners: Organizations working within the BC construction safety ecosystem

Account Responsibilities

You agree to:

• Accurate Information: Provide truthful, current, and complete information during registration and use
• Account Security: Maintain the confidentiality of your login credentials and notify us immediately of unauthorized access
• Authorized Use: Ensure that only authorized personnel within your organization access your account
• Updates: Keep your account information and contact details current

4. Acceptable Use Policy

Permitted Uses

You may use the Tool for:

• Legitimate Business Purposes: Conducting subcontractor safety assessments for your construction projects
• Compliance Activities: Meeting regulatory requirements and safety obligations
• Risk Management: Identifying and addressing safety risks in subcontractor operations
• Documentation: Generating reports for internal use, regulatory compliance, and stakeholder communication

Prohibited Activities

You agree NOT to:

• Misrepresent Information: Provide false, misleading, or fraudulent assessment data
• Unauthorized Access: Attempt to access accounts, data, or systems not belonging to you
• System Interference: Disrupt, damage, or impair the Tool's functionality or security
• Commercial Exploitation: Resell, redistribute, or commercialize the Tool without written permission
• Reverse Engineering: Attempt to reverse engineer, decompile, or extract source code
• Automated Access: Use bots, scripts, or automated tools to access the Tool without authorization

5. Data and Content Ownership

Your Content

You retain ownership of all data and content you input into the Tool, including:

• Assessment Data: Project information, safety program details, and compliance evaluations
• Company Information: Business details, employee data, and organizational structure
• Generated Reports: Compliance reports and summaries created using your input data

BCCSA Intellectual Property

BCCSA retains all rights to:

• Tool Software: The platform, algorithms, assessment methodologies, and user interface
• Content Framework: Safety criteria, risk classifications, and compliance standards
• Branding: BCCSA trademarks, logos, and branded materials
• Documentation: User guides, help materials, and training resources

License Grant

By using the Tool, you grant BCCSA a limited, non-exclusive license to:

• Process Your Data: Use your input data to generate assessments and reports
• Improve Services: Analyze usage patterns to enhance Tool functionality (using anonymized data)
• Ensure Compliance: Share information as required by law or safety regulations

6. Safety and Professional Responsibility

User Responsibilities

• Professional Judgment: Applying appropriate safety expertise and professional judgment in all decisions
• Regulatory Compliance: Ensuring full compliance with WorkSafeBC regulations, BC OHS requirements, and applicable safety standards
• Site Safety: Implementing and maintaining appropriate safety measures on construction sites
• Verification: Independently verifying all assessment results and recommendations
• Professional Consultation: Seeking qualified professional advice when needed

Tool Limitations

You acknowledge that:

• Assessment Tool Only: The Tool provides assessment support but cannot guarantee safety outcomes
• Site-Specific Factors: Actual site conditions may require additional safety measures beyond Tool recommendations
• Regulatory Changes: Safety regulations may change, and users must stay current with legal requirements
• Professional Standards: Professional safety standards and best practices may exceed Tool recommendations

7. Disclaimers and Limitation of Liability

Service Disclaimers

The Tool is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. BCCSA disclaims all warranties, including:

• Accuracy: Completeness, accuracy, or reliability of assessments and recommendations
• Availability: Uninterrupted or error-free operation of the Tool
• Fitness: Suitability for any particular purpose or specific safety application
• Compliance: Guarantee of regulatory compliance or safety outcomes

Limitation of Liability

To the maximum extent permitted by law, BCCSA's liability is limited as follows:

• No Consequential Damages: BCCSA is not liable for indirect, incidental, or consequential damages
• Safety Incidents: BCCSA is not responsible for workplace injuries, accidents, or safety violations
• Business Losses: No liability for lost profits, business interruption, or commercial damages
• Maximum Liability: Total liability limited to fees paid for the Service in the preceding 12 months

8. Indemnification

You agree to indemnify and hold harmless BCCSA, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your Use: Your use or misuse of the Tool or violation of these Terms
• Safety Incidents: Workplace accidents, injuries, or safety violations related to your projects
• Compliance Failures: Non-compliance with safety regulations or professional standards
• Data Issues: Inaccurate or misleading information provided to the Tool

9. Service Availability and Modifications

Service Availability

While we strive for reliable service:

• Maintenance: The Tool may be temporarily unavailable for maintenance or updates
• Technical Issues: Service interruptions may occur due to technical problems or external factors
• No Guarantee: We do not guarantee continuous, uninterrupted access to the Tool

Service Modifications

BCCSA reserves the right to:

• Update Features: Modify, enhance, or discontinue Tool features with reasonable notice
• Change Terms: Update these Terms of Use with advance notification to users
• Suspend Access: Temporarily or permanently suspend access for violations or technical reasons

10. Account Termination

Termination by User

You may terminate your account at any time by:

• Account Settings: Using the account deletion feature in your user settings
• Contact Support: Requesting account termination through our support team
• Data Export: Downloading your data before termination (recommended)

Termination by BCCSA

We may terminate or suspend your account for:

• Terms Violation: Breach of these Terms of Use or acceptable use policies
• Fraudulent Activity: Providing false information or engaging in fraudulent conduct
• Security Concerns: Compromised accounts or security violations
• Extended Inactivity: Accounts inactive for more than 24 months

Effect of Termination

Upon termination:

• Access Cessation: Your access to the Tool will be immediately terminated
• Data Retention: Your data will be handled according to our Privacy Policy and retention schedule
• Survival: Certain provisions (liability limitations, indemnification) will survive termination

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• Data Collection: We collect information necessary to provide the Tool and ensure safety compliance
• Use Limitations: Your data is used only for legitimate business purposes and regulatory compliance
• Security Measures: We implement industry-standard security measures to protect your information
• User Rights: You have rights to access, correct, and delete your personal information

12. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of British Columbia and Canada, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of British Columbia for any legal proceedings.

Dispute Resolution Process

Before initiating legal proceedings, parties agree to:

• Direct Communication: Attempt to resolve disputes through direct communication
• Mediation: Engage in good faith mediation if direct communication fails
• Legal Proceedings: Pursue litigation only after attempting alternative resolution methods

13. Additional Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BCCSA regarding the Tool and supersede all prior agreements.

Assignment

You may not assign or transfer your rights under these Terms without our written consent. BCCSA may assign its rights and obligations without restriction.

Force Majeure

BCCSA is not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

14. Contact Information

For questions about these Terms of Use, please contact us: