Member Credential Terms of Use
(Appendix D to the LTSA Customer Agreement)
These Terms of Use form part of the LTSA Customer Agreement and apply to your use of a Member Credential (as defined below) within LTSA Services. By presenting or using a Member Credential, you agree to be bound by these Terms of Use and the LTSA Customer Agreement. Capitalized terms not otherwise defined in these Terms of Use have the meanings given to them in the LTSA Customer Agreement.
Definitions. In these Terms of Use:
| (a) | “Credentialling Authority” means an organization recognized by the Director of Land Titles in the Director’s E-filing Directions; |
| (b) | “Credentialling Practice Statement” means the statement adopted and published by a Credentialling Authority, as required under the E-filing Directions; |
| (c) | “E-filing Directions” means the directions issued by the Director of Land Titles under Part 10.1 of the Land Title Act, as amended or replaced from time to time; and |
| (d) | “Member Credential” means the verifiable credential issued to you by a Credentialing Authority, which verifies your identity and eligibility to electronically sign and certify documents. |
Compliance with Applicable Requirements. You confirm that you have read and will comply with:
| (a) | the requirements set out in the E-filing Directions, and |
| (b) | any Credentialling Practice Statement applicable to your Member Credential or other terms and conditions issued by the Credentialling Authority that govern the issuance or use of your Member Credential. |
You acknowledge that it is your responsibility to remain informed of any updates to these documents, which are publicly available.
Verification of Identity and Eligibility. By using your Member Credential in connection with the LTSA Services, you authorize LTSA to use the attributes contained in your Member Credential to verify your identity and confirm your eligibility to electronically sign and certify documents in accordance with applicable law.
Accuracy and Validity. Each time you use your Member Credential in connection with the LTSA Service, you represent that the Member Credential was issued to you personally, is valid and that all attributes contained in the Member Credential are accurate to the best of your knowledge.
No Sharing of Credentials. You must not share your Member Credential or permit any other person to access or use it to electronically sign documents. You acknowledge that doing so constitutes an offence under the Land Title Act, s. 168.7 (2).
Loss or Compromise of Credential. You must immediately notify LTSA if your Member Credential, or the device on which it is stored, is lost, stolen or otherwise compromised. Notification must be made through the contact method provided on the LTSA website.
Term and Termination. These Terms of Use remain in effect for as long as you continue to use your Member Credential in connection with LTSA Services. LTSA may suspend or terminate your access to LTSA Services or use of your Member Credential at any time, with or without notice, if it determines that you are in breach of these Terms of Use or applicable law, or if your Member Credential is revoked, expired, or no longer valid.
Amendments. LTSA may amend these Terms of Use at any time by publishing an updated version on its website. Your continued use of your Member Credential to access LTSA Services after such publication constitutes your acceptance of the amended Terms of Use. You are responsible for reviewing the Terms of Use regularly to ensure your continued compliance.
Limitation of Liability. To the maximum extent permitted by law, LTSA is not responsible for any loss, damage, or liability arising from your use or misuse of a Member Credential, including any unauthorized use resulting from your failure to comply with these Terms of Use.
Governing Law and Jurisdiction. These Terms of Use will be governed by the laws of the Province of British Columbia and each party hereby attorns to the exclusive jurisdiction of the courts of the Province of British Columbia.