Terms & Conditions

Welcome to the BC Blueberry Council Grower Portal ("Portal," "App," "Service," "we," "us," or "our").

These Terms and Conditions ("Terms") govern your access to and use of this Portal, including any related website, dashboard, forms, records, communications, uploads, tools, reports, approvals, document requests, and any other associated services we provide through the Portal.

By creating an account, logging in, browsing, uploading documents, entering data, requesting documents, approving requests, or otherwise using the Portal, you confirm that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Portal.

1. Purpose of the Portal

The Portal is provided to support growers, packers, administrators, and authorized users in managing, viewing, recording, sharing, requesting, organizing, and communicating certain business, operational, production, compliance, and recordkeeping information.

The Portal may include features such as, without limitation:

• grower registration and profile management
• farm and field information
• variety and field management for blueberry production
• production planning and production reporting
• spray and agronomic records
• GAP or compliance certificate uploads
• document requests and approvals
• packer-grower information sharing
• internal communication or notifications
• dashboards, summaries, and reports
• training content, tools, and related materials

The Portal is intended as an administrative and record-support tool only. It is not a legal, financial, tax, agronomic, compliance, regulatory, export, medical, or professional advisory service.

2. Voluntary Submission of Data

All data, records, documents, and information you provide through this Portal are submitted entirely voluntarily and by your own free will and consent.

You are not required or forced to submit any information through this Portal. By choosing to submit information, you acknowledge that you are doing so freely, knowingly, and with full understanding of what you are submitting.

You understand that certain Portal features — such as profile completion, production planning, spray records, and document uploads — require you to provide information in order to function. Providing that information is your choice. If you choose to provide it, you accept full and sole responsibility for its accuracy, completeness, and truthfulness.

3. Eligibility and Authority

By using the Portal, you represent and warrant that:

1. you are at least the age of majority in your jurisdiction, or you are using the Portal under the supervision and authority of a legally authorized representative
2. all information you submit is true, current, and accurate to the best of your knowledge
3. you have the legal authority to provide the information, upload documents, and act on behalf of yourself, your farm, your organization, or your business, where applicable
4. you will use the Portal only for lawful and authorized business purposes

If you are using the Portal on behalf of an organization, farm, corporation, cooperative, or other entity, you represent that you have authority to bind that entity to these Terms.

4. Account Registration and Security

To use certain functions of the Portal, you may need to create an account or be invited into the Portal.

You agree that:

• you are responsible for maintaining the confidentiality of your login credentials
• you are responsible for all activity that occurs under your account
• you must not share your password with unauthorized persons
• you must promptly notify us if you believe your account has been compromised or accessed without permission

We are not liable for losses arising from unauthorized access caused by your failure to protect your credentials.

We reserve the right to suspend, restrict, or terminate access if we reasonably believe an account is being misused, compromised, or used in violation of these Terms.

5. Your Responsibility for Submitted Information

You are solely and entirely responsible for all information, data, records, documents, uploads, entries, selections, approvals, rejections, and communications you submit through the Portal.

By submitting any information, you confirm that:

• everything you submit is true, accurate, and complete to the best of your knowledge
• you have the authority and right to submit the information on behalf of yourself or your farm business
• you are not submitting false, misleading, or fabricated information
• you understand that BC Blueberry Council relies on the accuracy of what you provide
• you accept full responsibility for any consequences arising from inaccurate, incomplete, or false information you submit

BC Blueberry Council does not verify, audit, or independently confirm the accuracy of any information submitted by users. What you submit is your responsibility alone.

6. Accuracy of Records

You confirm that all information you enter into the Portal — including but not limited to:

• your personal and business contact details
• farm business legal name and farm details
• field names, variety selections, and acreage
• planting dates and removal dates
• production plan figures and actual yield figures
• spray application records and agronomic inputs
• uploaded certificates and compliance documents
• any other data, notes, or entries

— is true and accurate to the best of your knowledge at the time of submission.

You are responsible for keeping your information reasonably current and correcting any errors you become aware of.

Spray records entered through the Portal are the sole responsibility of the grower and have not been verified or certified by BC Blueberry Council.

BC Blueberry Council is not responsible for errors, omissions, or inaccuracies in information submitted by users.

7. Data Ownership

Subject to applicable law and any specific written agreement between you and us, your original business data remains your data.

This generally includes information such as:

• your farm details
• your field information
• your uploaded records
• your business contact information
• your spray records
• your production numbers
• your certificates and document uploads
• your responses, notes, and operational entries

However, by using the Portal, you grant us a non-exclusive, limited, revocable, royalty-free right to host, store, process, display, transmit, organize, and use that data only as necessary to operate, maintain, improve, secure, and administer the Portal and its related services.

This includes, where applicable:

• storing your data on the system
• displaying it to you and authorized users
• transmitting documents when a workflow requires it
• processing requests you initiate
• generating summaries or reports
• maintaining backups
• securing, troubleshooting, and improving the system

You acknowledge that the Portal may also generate system metadata, logs, analytics, derived summaries, or non-identifiable operational information required for system function, support, security, and service improvement.

8. Sharing of Data

We do not treat your data as public by default unless the Portal function clearly requires it or you specifically enable sharing through the Portal's controls.

However, by using the Portal, you understand and agree that certain data may be shared, displayed, or made available in the following situations:

8.1 Authorized internal processing

Your data may be processed internally by us and by service providers acting on our behalf for the purpose of hosting, maintaining, supporting, backing up, securing, and operating the Portal.

8.2 Workflow-based sharing

Certain data may be shared with other authorized Portal users when this is part of the intended function of the system. For example:

• a grower may choose or permit certain information to be visible to authorized packers
• a grower may approve a requested document to be delivered to a packer
• an administrator may review records or data needed to administer the Portal
• compliance or requested-document workflows may display selected information to authorized users

8.3 Legal or regulatory obligations

We may disclose data where required by law, court order, regulatory request, subpoena, lawful authority, or legal process.

8.4 Protection of rights and security

We may disclose data where reasonably necessary to investigate misuse, protect legal rights, prevent fraud, respond to security incidents, or enforce these Terms.

Except as described above, we do not intend to sell your personal business data to unrelated third parties for their independent commercial use.

9. Visibility and User-Controlled Sharing

Some Portal features may allow a grower or another user to control who can view certain information.

You understand that:

• visibility settings may affect who can access selected profile data
• approving a document request may make that document available to an authorized requesting user
• if you mark information as visible to certain users, you are responsible for understanding that it may then be accessible to them
• once information or a document is shared with an authorized recipient through the Portal, we cannot guarantee what that recipient may do with it outside the Portal

You are responsible for reviewing visibility settings and approval actions carefully.

10. No Guarantee of Privacy Beyond Intended Portal Workflows

We take reasonable steps to protect data, but no online system can guarantee perfect confidentiality, perfect uptime, or perfect security.

Accordingly:

• you use the Portal at your own risk
• you acknowledge that internet-based systems may involve security risks, delays, interruptions, and unauthorized attempts at access
• we do not guarantee that the Portal will be free from all security vulnerabilities, interruptions, or technical issues

11. Accuracy of Records and User Verification

The Portal may store, organize, summarize, or present information you enter, but you remain solely responsible for verifying the accuracy and completeness of your own data and documents.

We do not warrant that:

• records entered by users are correct
• uploaded documents are valid or current
• production values are accurate
• compliance data is sufficient for a specific legal or regulatory purpose
• generated summaries, previews, or reports are error-free
• a document accepted by the Portal will be accepted by an auditor, buyer, regulator, government body, or third party

You must independently verify all content before relying on it.

12. No Legal, Tax, Audit, Regulatory, Agronomic, or Professional Advice

The Portal and all related content are provided for administrative convenience and record-support purposes only.

Nothing in the Portal constitutes:

• legal advice
• tax advice
• accounting advice
• audit certification
• compliance certification
• regulatory approval
• agronomic advice
• crop management advice
• pesticide advice
• export advice
• business consulting advice
• or any other professional advice

If you need legal, regulatory, tax, agronomic, financial, or compliance guidance, you must consult a qualified professional.

13. Document Requests and Approvals

The Portal may allow one user to request records or documents from another user. These features are intended for administrative convenience only.

You acknowledge and agree that:

• document requests do not create any legal obligation beyond what otherwise exists between the parties
• the requesting party is responsible for deciding whether the received document is suitable for its own purposes
• the approving party is responsible for ensuring the document provided is the one they intend to share
• we do not guarantee the completeness, accuracy, legal sufficiency, current validity, or third-party acceptability of any requested or delivered document

If a document is generated, uploaded, transmitted, or approved through the Portal, that does not mean we certify it as legally compliant, regulator-approved, or auditor-approved.

14. Generated Files, Reports, and PDFs

The Portal may generate or export files such as PDFs, summaries, reports, or formatted records.

These outputs are provided on an as-is basis for user convenience.

You are solely responsible for reviewing all generated outputs before using, sharing, or relying on them.

We are not responsible if:

• generated content contains user-entered errors
• a PDF is incomplete because source data was incomplete
• a report is rejected by a third party
• a generated document is not accepted for audit, certification, procurement, or regulatory purposes

15. Acceptable Use

You agree not to:

• use the Portal for unlawful, fraudulent, deceptive, or unauthorized purposes
• upload false, misleading, malicious, infringing, or harmful content
• attempt to gain unauthorized access to data, systems, or other users' accounts
• interfere with the operation, security, or performance of the Portal
• upload malware, viruses, harmful code, or corrupted files
• scrape, copy, reverse engineer, decompile, or exploit the Portal except as allowed by law
• use the Portal in a way that could damage our systems or other users' experience
• impersonate another person or entity
• submit information you do not have authority to submit

16. Suspension and Termination

We may suspend, restrict, disable, or terminate access to the Portal at any time, with or without notice, if:

• you violate these Terms
• your account is believed to be compromised
• your conduct threatens the security, operation, or integrity of the Portal
• we are required to do so by law, regulation, or business necessity
• the Portal is discontinued, updated, or replaced

Termination or suspension does not waive any rights or obligations that accrued before termination.

17. Availability and Changes to the Portal

We do not guarantee that the Portal will be available at all times or free from interruption.

We may at any time:

• modify the Portal
• add or remove features
• change workflows
• update designs
• fix bugs
• perform maintenance
• suspend or discontinue parts of the Portal

We are not liable for losses arising from downtime, delays, interruptions, maintenance windows, failed uploads, failed exports, incomplete workflows, or temporary unavailability.

18. Third-Party Services and Integrations

The Portal may depend on or interact with third-party providers for hosting, file storage, messaging, email delivery, analytics, technical infrastructure, or other support services.

We do not control those third-party services and do not guarantee their availability, performance, or security.

We are not liable for losses caused by failures, outages, errors, changes, or interruptions caused by third-party providers.

19. Annual Data Cycle and Record Locking

The Portal operates on an annual cycle running April 1 to March 31 each year. You acknowledge and agree that:

• production plan figures must be entered at the beginning of each annual cycle
• actual yield figures are editable during the season and will be locked after September 30 of each cycle year
• once a year is closed on March 31, records for that year become read-only and cannot be edited without administrator authorization
• BC Blueberry Council is not responsible for any consequences arising from a grower's failure to enter or update records before applicable deadlines

20. Data Retention and Deletion

We may retain Portal data, uploads, logs, backups, and records for as long as reasonably required for:

• operation of the Portal
• auditability
• backups
• dispute resolution
• legal obligations
• security
• system administration
• service continuity

Even if content is deleted from the active user interface, copies may remain in backups, logs, archives, or retention systems for a reasonable period.

21. Intellectual Property

All rights, title, and interest in the Portal itself, including its software, design, structure, functionality, branding, layout, and underlying systems, belong to us and/or our licensors, except for your own original data and documents.

These Terms do not transfer ownership of the Portal to you.

You may not reproduce, distribute, modify, reverse engineer, commercially exploit, or create derivative works from the Portal except as expressly allowed by us in writing or by applicable law.

22. Feedback

If you submit suggestions, ideas, comments, recommendations, or feedback relating to the Portal, you agree that we may use, modify, and implement such feedback without restriction or compensation to you, unless otherwise agreed in writing.

23. Disclaimer of Warranties

The Portal is provided on an "as is," "as available," and "with all faults" basis.

To the maximum extent permitted by law, we disclaim all warranties, representations, and conditions, express, implied, statutory, or otherwise, including without limitation:

• merchantability
• fitness for a particular purpose
• non-infringement
• compatibility
• uninterrupted operation
• accuracy
• reliability
• security
• availability
• or suitability for any legal, business, audit, regulatory, or compliance purpose

We do not warrant that:

• the Portal will meet your requirements
• the Portal will always be available
• the Portal will be error-free
• defects will always be corrected
• data will never be lost
• reports or PDFs will be accepted by third parties
• uploaded records will satisfy legal or audit standards
• shared records will be used properly by other users

24. No Responsibility of BC Blueberry Council

BC Blueberry Council accepts no responsibility whatsoever for:

• the accuracy, completeness, or truthfulness of any information submitted by you
• any decisions made by you or any other party based on information you submitted
• any consequences, losses, damages, penalties, rejections, audit failures, compliance failures, or business outcomes arising from information you submitted
• any errors in your spray records, production figures, variety information, field data, or uploaded documents
• any document or record submitted through the Portal being rejected by an auditor, regulator, buyer, packer, government body, including international import authorities, foreign buyers, or export destination regulatory bodies, or any other third party
• any action taken or not taken by any party in reliance on information you provided

You agree that BC Blueberry Council shall not be held liable for anything arising from the information you choose to submit through this Portal.

25. Limitation of Liability

To the fullest extent permitted by law, we and our directors, officers, employees, contractors, affiliates, licensors, vendors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including without limitation:

• lost profits
• lost business
• lost revenue
• loss of goodwill
• loss of opportunity
• lost production
• crop loss
• rejection of product
• audit failure
• compliance failure
• business interruption
• data loss
• delayed or failed document delivery
• reliance on inaccurate records
• or decisions made based on Portal content

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Portal or these Terms shall not exceed CAD $100.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you to the extent prohibited by law.

26. User Assumption of Risk

You expressly acknowledge and agree that you use the Portal at your own risk.

You assume full responsibility for:

• the accuracy of the information you submit
• the consequences of your submissions
• the use of exported or generated documents
• your reliance on Portal records
• your decisions based on any Portal output
• your legal and compliance responsibilities
• your relationships with other users, packers, growers, buyers, auditors, regulators, or third parties

You agree that ultimate responsibility for legal compliance, business decisions, records, and regulatory obligations remains with you and not with us.

27. Indemnity

You agree to defend, indemnify, and hold harmless BC Blueberry Council and our affiliates, officers, employees, contractors, licensors, and service providers from and against any claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your use or misuse of the Portal
• your breach of these Terms
• your data, submissions, uploads, or communications
• your violation of law or regulation
• your infringement of another party's rights
• disputes between you and another Portal user or third party
• your reliance on or sharing of records through the Portal

28. Compliance and Third-Party Acceptance

The Portal may assist with organizing records relevant to business, farm, compliance, production, or audit processes. However, we do not guarantee that any document, report, record, or workflow produced or supported by the Portal will satisfy the requirements of:

• auditors
• certifiers
• regulators
• government agencies
• packers
• importers
• buyers
• legal authorities
• tax agencies
• international import authorities
• foreign buyers or export destination regulatory bodies
• or any other third party

You remain solely responsible for confirming what is required for your own compliance or audit needs.

29. No Agency or Partnership

Nothing in these Terms creates any joint venture, agency, employment, fiduciary, franchise, or partnership relationship between you and us.

The Portal is a tool and service platform only.

30. Modifications to These Terms

We may update these Terms from time to time. When we do, we will revise the Last Updated date above and, where appropriate, provide notice through the Portal or by other reasonable means.

Your continued use of the Portal after updated Terms become effective constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Portal.

31. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, without regard to conflict of law principles.

32. Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms or the Portal shall be addressed first through good-faith discussion between the parties.

If a dispute cannot be resolved informally, then it shall be resolved in the courts located in British Columbia, Canada, unless applicable law or a written agreement requires another process.

You agree to submit to the exclusive jurisdiction of those courts, subject to applicable law.

33. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

34. Waiver

Failure by us to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

35. Entire Agreement

These Terms, together with any applicable policies, notices, or written agreements expressly incorporated by reference, form the entire agreement between you and us regarding your use of the Portal, unless another signed written agreement expressly states otherwise.

36. Contact

If you have questions about these Terms, please contact:

37. Acknowledgement

By checking the consent box, creating an account, accessing the Portal, saving your profile, uploading records, requesting or approving documents, or continuing to use the Portal, you acknowledge that:

• you have read these Terms
• you understand these Terms
• you agree to these Terms voluntarily and without coercion
• you are submitting all information freely and by your own consent
• you understand that your data remains your data, subject to the limited rights required to operate the Portal
• you understand that some information may be shared through intended Portal workflows and authorized processes
• you understand that you remain solely and entirely responsible for the accuracy, truthfulness, and completeness of your submissions
• you understand that BC Blueberry Council is not responsible for anything arising from the information you choose to submit
• you understand that the Portal is provided as a tool and convenience service and that BC Blueberry Council is not responsible for your independent business, legal, regulatory, audit, or operational outcomes