Website Terms and Conditions

Last updated: November 26, 2024

This website <pct.ca> (the “Website”) is operated by Pacific Coast Terminals Co. Ltd. (“PCT”, “us”, or “our”) details of which are set out below. These terms and conditions (the “Terms”) sets out the conditions of use of the Website and constitute an agreement between PCT and you (“you” or “your”).

By accessing, browsing, or otherwise using the Website you accept these Terms. They take effect from the date on which you first use the Website.

1. Use of the Website

The Website is maintained for your personal use and viewing, and PCT reserves the right to change data, references, specifications, or any other information contained in or on the Website at any time, without notice to you. PCT hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive licence to access, use, read of the Website for your personal, non-commercial, and not-for-profit use only. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. You may use the Website only in the manner described expressly in the Terms and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

2. Prohibited Conduct

2.1. Lawful Purposes. You agree to access and use the Website and its Content (as defined below) only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. Such restriction or inhibition includes, without limitation, (i) conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, (ii) the transmission of obscene, or offensive content, as described in further detail in section 5 below, or (iii) the disruption of normal flow of dialogue within the Website, or anything which in the sole discretion of PCT imposes an unreasonable or disproportionately large load on the Website infrastructure.

2.2. Prohibited Conduct. Without limiting the generality of the foregoing, you are prohibited from attempting to circumvent and from violating any security measures of the Website. You are also prohibited from, without limitation:

(i) modifying, translating, reverse engineering, decompiling, disassembling the Website, the Content (as defined below) or any part thereof;
(ii) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material, and Content on the Website;
(iii) attempting to breach or breaching the security and/or authentication measures which are not authorized;
(iv) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(v) illicitly reproducing TCP/IP packet header;
(vi) disrupting network services and otherwise disrupting PCT’s ability to monitor the Website;
(vii) renting, leasing, sublicensing or transferring any rights in the Website or the Content;
(viii) violating, plagiarizing or infringing on the rights of PCT or any third party, including intellectual property rights, privacy, contractual or other personal or proprietary rights;
(ix) any unauthorized use of the Content (including use on any other website or networked computer environment);
(x) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(xi) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
(xii) engaging in any conduct which PCT, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting in a manner contrary to these Terms, or intentionally interfering with the proper working of the Website or PCT’s computer systems; and
(xiii) modifying any of the pages, removing or altering any visible or non-visible identification, marks, notices, or disclaimers.

2.3. No Linking, Framing, Mirroring, Scraping or Data Mining. Links to the Website without the express written permission of PCT are strictly prohibited. Please let us know if you wish to link directly to pages on the Website. We do not permit our pages to be loaded into frames on your site; the Website must load into the user’s entire window. PCT may in its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability. The framing, mirroring, scraping and/or data mining of the Website or any of its Content in any form and by any means is also strictly prohibited. PCT reserves the right to move or change our Website URL at any time in order to meet changing business needs and to continually improve our online service.

2.4. Security. PCT does not guarantee the security of the information transmitted to and from the Website from accidental loss and from unauthorized access, use, alteration, and disclosure.

3. Data Privacy

We will not collect any personal information about you without your knowledge. For more information on how we may store, process, and use your personal information please refer to our Privacy Policy.

4. Intellectual Property Rights

4.1. Content. As between the parties, the Website, and any and all content, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website, (collectively referred to as “Content”) are the property of PCT and is protected by Canadian and/or international intellectual property laws.

4.2. Ownership of Content. As between the parties, all brand names, service names, product names, titles, and copyrights used in the Website are trademarks or copyrights of PCT. All rights are reserved. No permission is given by PCT for their use, distribution, modification, or reproduction by any other person, and such use may constitute an infringement of the holders’ rights. It is strictly prohibited to use in any way the trade names, trademarks and logos displayed on the Website or any other word, expression, name or symbol which could cause confusion as to the link or association of the user with PCT or its endorsement or sponsorship of user’s products or services. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade names, trademarks and logos displayed on the Website.

4.3. Feedback. In the event you send PCT, feedbacks, comments or other types of unsolicited comments (collectively, “Feedback(s)”), you agree that PCT is not required to (i) use any Feedback, (ii) identify you when using any Feedback you may have submitted, but may do so at PCT’s sole discretion, nor (iii) treat any Feedback as confidential, and will not be entitled to use the Feedbacks, or any part thereof for any purposes whatsoever. By submitting Feedback, you hereby grant (or warrant that the owner of the Feedback grants) to PCT and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sublicensable, right and licence to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the Feedback or any ideas, concepts, know-how or techniques associated with the Feedback for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Feedback are waived in favour of PCT and its assigns.

5. User Content

5.1. User Content. The Website may allow you to post, send or upload files, documents or other materials (collectively, the “User Content”). In addition to section 2.2 of the Terms, when posting, publishing, sending or uploading User Content, you agree, not to:
(i) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any User Content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(ii) post or transmit any User Content, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secrets, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
(iii) post or transmit any User Content which contains a virus or other harmful component, or provides or creates computer viruses;
(iv) post or transmit junk mail, chain letters, unsolicited mass mailing or spam;
(v) posting, uploading or transmitting any User Content for commercial purposes, and which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising; and
(vi) downloading, archiving, storing, copying, reproducing, collecting, compiling, recompiling, using, modifying, adapting, translating or preparing any summaries, digests, derivative works, of the Website and the Content, in whole or in part, including any photograph, description, reference, picture or other data or information obtained or derived from the Website (excluding rights you have to access, and view under the terms hereof).

5.2. Licence. By sending, posting or uploading User Content to this Website, you grant PCT a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such User Content for any purpose. In addition, you hereby agree to waive all moral rights in any User Content and acknowledge and agree that any User Content you provide for display on this Website will be considered non-confidential. You hereby warrant that any User Content you send, post or upload on this Website does not contravene nor infringe on third party rights, including but not limited to third-party’s intellectual property rights, titles and interests.

5.3. Removal. PCT may from time-to-time monitor or review postings, transmissions, uploading, and the like of, on the Website to ensure compliance with the Terms. PCT reserves the right, in its sole discretion, to refuse to post, edit or remove any User Content. You acknowledge and agree that PCT may, in its sole discretion, monitor the Website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate this Website properly or to protect itself or other users of the Website. PCT is under no obligation to do so and assume no responsibility or liability arising from the User Content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on the Website. You acknowledge that you remain solely responsible for the content of the User Content you send, post or upload, including the legality, reliability, appropriateness and originality thereof.

6. Disclaimer and Limitation of Liability

6.1. Disclaimer. The Website, Content and material relating to PCT information, products, and services (or to third-party information, products, and services), is provided, “as is”. PCT disclaims any representation, warranties and conditions either express or implied, to the maximum extent permissible under law, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and implied warranties and conditions arising from the course of dealing or course of performance. Without limiting the generality of the foregoing, PCT makes no representation, warranty or condition that: (i) the Website will be compatible with your computer and related equipment and software; (ii) the Website will be available or will function without interruption or will be free of errors or that any errors will be corrected; or (iii) the use of the Website will not infringe the rights (including the intellectual property rights) of any person; and PCT hereby disclaims any and all liability regarding such matters to the fullest extent permitted by law. The information, and Content included in the Website may not be comprehensive and, despite our efforts, it may not be accurate, up to date, or applicable to the circumstances of any particular case. In addition, the integrity of the Website, and the use made of the Website cannot be guaranteed to be secure, free from viruses, Trojan horses, worms or other destructive, or disruptive components, defects, or error-free as information could be intercepted, corrupted, lost, or destroyed.

6.2. Limitation of Liability. PCT and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees do not accept any liability (and it is expressly excluded to the maximum extent permitted by law) for any inaccuracies or omissions or for any damage, however caused, that may be sustained as a result of malicious content, malware, or software viruses/defects contained in or on the Website, as well as data corruption, failed messages, transmission errors or problems, links to third-party websites, third-party content, products or services, the use of inability to use the Website or the Content.

6.3. User Responsibility. Any decisions or use you make based on information contained on the Website are your sole responsibility, and PCT will not be liable to you, or anyone else, for any decisions or use you, or anyone else, make in relation to the information provided through the Website.

7. Indemnification

You agree to indemnify, defend, and hold harmless PCT, and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees (collectively, the “Indemnified Parties”) from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of the Terms, or any activity related to your use of the Website, included but not limited to posting, sending or uploading User Content that contravenes or infringes third-party rights, by you or any other person accessing the Website on your behalf, or your violation of any law or the rights of such third party. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.

8. Links to External Websites

Links contained in the Website may lead to other websites or social media platforms that are not owned, affiliated or operated by PCT. These links are provided for your information only. We have no control over any third party website and do not endorse, sponsor or recommend your use of such website. We are not responsible for the content of third-party websites and shall not be liable for any damages or injury arising from your use of such websites. Accordingly, we recommend that you read the applicable third party terms of use and privacy policies for more information

9. General

9.1. Entire Agreement. The Terms as it may be amended from time to time constitute the entire agreement between you and PCT with respect to the access or use of this Website and the Content and supersede any previous and contemporaneous communications, representations, understandings and agreements, whether oral or written, between PCT and you with respect to such subject matter.

9.2. Assignment. The provisions of the Terms shall enure to the benefit of and be binding upon PCT and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent). You cannot assign any of your rights or delegate any of your obligations under the Terms. We may, however, assign any of our rights and obligations under these Terms to a third party, without obtaining your prior consent.

9.3. Waiver. The failure or delay by us to exercise or enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.

9.4. Changes to the Terms. PCT reserves the right, in its sole discretion, to change the Terms from time to time, and without any prior notice or liability to you or any other person. The then-current version of the Terms will be posted on this Website, and you should review them as often as possible. Any changes will be effective immediately as of the updated date indicated above. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of the Website. Access to or use of the Website after any amendments have been posted shall constitute your acceptance of the Terms as amended.

9.5. Jurisdiction and Governing Law. The Website is aimed at those who access it within Canada. Those who access the Website from other locations are responsible for compliance with local laws (where applicable). Your use of the Website and the operation of the Terms shall be governed by and construed in accordance with the laws of the province of Alberta and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Alberta, located in the judicial district of Calgary.

9.6. Severability. In the event that any or any part of the terms contained in the Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

9.7. Contact. If you have any questions, you may contact us as listed below:

Pacific Coast Terminals Co. Ltd.

Postal address: 2300 Columbia Drive, Port Moody, British Columbia V3H 5J9
Email: inquiries@pct.ca
Phone Number: 604.931.9258 (Main Office)