Terms of Use

Website Terms of Use

Date of Last Revision: May 19, 2019

Carefully read the following Terms and Conditions of Use (“Terms of Use”) before using the website (the “Site”) of the Town of Oliver (the “Town”). By using the Site, you agree to follow and be bound by this Terms of Use, which govern your use of the Site. We grant you a limited licence to display on your computer, print, download, and use all of the content on this website only if you agree to the Terms of Use.

Summary of the Terms of Use

(This summary is intended to simplify the legal Terms of Use that follow. The language after this list is the official legal Terms of Use)

  • The Town owns all content on this Site.
  • You will not modify or attempt to modify the contents of the Site.
  • You will not violate or attempt to violate the security of the Site in any way, including but not limited to hacking, cracking, mail bombing, mounting a denial of service attack or any similar malicious, careless, or negligent conduct.
  • You understand and acknowledge that the Town is not responsible for any loss, damage, or injury that you or a third party suffers from your use of the website.
  • You agree and acknowledge that the Town does not guarantee the accuracy of the information posted on the Site.
  • You understand and have read the Privacy Policy of the Town.
  • You agree to be bound by the laws of British Columbia when using the Site and agree that any court proceeding related to your use of the Site will take place exclusively in the courts of British Columbia.

Modification

The Town may periodically modify this Terms of Use. Any modification will be effective immediately upon posting. You are responsible for periodically checking this Terms of Use for any modifications.

Communications through the Site

The Site is not a secure means of communication. Any information you may supply to the Town by any method through the Site will not be kept confidential. 

Communications made through the Site’s e-mails and messaging systems are for convenience only and will not be deemed to constitute legal notice to the Town or any of its agents, agencies, officials, officers, employees or representatives with respect to any existing or potential claims or causes of action or for any other purpose.

 

Property Rights in the Site

The Town owns and operates the Site and owns all the intellectual property rights (including, without limitation, all copyright, trademarks, official marks, domain names, patents and all other intellectual property rights of any kind) in the Site and any text, design, graphics, images, photographs, audio clips, video clips, code, software or other content that is made available to you on the Site (“Content”) or has the permission of the owner of the intellectual property to use the Content on the Site.

The Town and its licensors reserve all intellectual property rights in the Site and the Content. Unless expressly authorized by this Terms of Use or the Town otherwise agrees in writing with you, you may not use, modify, copy, reproduce, reuse, distribute, transmit, transfer or otherwise exploit any Content on the Site. Nothing contained on the Site should be construed as granting, whether express or implied, any licence or right to use any intellectual property owned by the Town or others without prior written permission from the Town.

Licence to use the Site

The Content is made available for informational and private uses only. The Town grants you a limited, revocable, non-exclusive, non-transferable licence to view, store, bookmark, download and print the Content solely for your personal, informational and non-commercial use provided that the Content is used according to the express terms and conditions set out in this Terms of Use.

Unless the Town otherwise agrees in writing with you, you may not (or enable others to):

  • modify, copy, screen capture, redeliver, reproduce, reuse, distribute, forward, post, transmit, transfer, display, publish, broadcast, revise, sell, create derivative works from or otherwise exploit the Content, whether through links, framing technology or otherwise;
  • use the Site to distribute viruses, malware or other harmful software code;
  • engage in conduct that could damage, disable or overburden the Site, its Content or any services provided on the Site or a system, network, server or account connected to the Site;
  • probe, scan or test the vulnerability of the Site, its Content or any services provided on the Site or a system, network, server or account connected to the Site;
  • attempt to gain unauthorized access to any part of the Site, its Content or any services provided on the Site or a system, network, server or account connected to the Site through hacking, password or data mining or other means of circumventing an access-limiting, user authentication or security device of any part of the Site, its Content or any services provided on the Site or a system, network, server or account connected to the Site;
  • modify, copy, obscure, revise, remove or display the Town’s name, logo, trademarks, text, notices or images;
  • use the Site, its Content and any services provided on the Site in any manner that will bring the Town or third parties into disrepute or cause the Town to be liable to a third party; or
  • use the Site for any unlawful purpose or a use that that is otherwise prohibited by this Terms of Use.

Your Liability

In exchange for the licence to use the Site and for the Town providing the Content and services on the Site, YOU AGREE:

  • not to hold the Town or its agents, agencies, officials, officers, employees and representatives (the “Town Group”) liable for any possible claim for loss or damages (whether direct, indirect, incidental, consequential or special) arising from any use, misuse, misinterpretation of any Content on the Site; any errors or omissions on the Site; any inability to use or access the Site; or any other matter related to your use of this Site even if the Town Group knew or should have known of the possibility of such losses or damages; and
  • to indemnify, defend and hold the Town Group harmless for any possible claim for loss or damages (including any claim for injuries or death) against the Town Group relating in any way to your improper access or use of the Site, its Content or the services provided by the Site, or any violation of this Terms of Use by you.

Disclaimer

The Content posted on the Site is intended only to provide convenient access to information about the Town. The Content posted on this Site are not the official statement of Town policies, practices, services, or procedures, and should not be construed as such.

The Site is provided on an “as is” and “as available” basis. While reasonable effort is made to post only current and accurate information, any use of the Site, its Content and the services provided on the Site are at your own risk.

To the full extent permitted by law, the Town and its agents, agencies, officials, officers, employees and representatives expressly disclaim all representations and warranties, express or implied, in relation to the provision of the Site, its Contents or any services provided on the Site, including, without limitation, any warranties or representations with respect to:

  • the currency, quality, accuracy, completeness, efficiency or timeliness of the Content;
  • the fitness of the Site or its Content for any particular purpose;
  • the security, quality, reliability, performance and continued availability of the Site;
  • results obtained by persons using the Site or its Contents; and
  • any delays or errors in the transmission or delivery of Content or services through this Site.

The Town is not responsible for any action taken in reliance on the Content obtained or used by you from the Site. No Content on the Site should be construed as legal, tax or financial advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Content before making any decisions based on the Content.

Bylaw Disclaimer

The Town’s bylaws, Council meeting records, and policies on the Site are electronic copies made for uploading to the Site and so are not official versions. The official format may be different and may also have plans, pictures, other graphics, text or other content that may be missing or altered.

Official versions of all information must be obtained directly from the Town.

Download Disclaimer

Any Content downloaded or otherwise obtained through this Site is at your own risk. You are solely responsible for any damage to your computer system or other equipment or any loss of data that results from such a download. The Town makes no representation or warranty that the Content is free from any errors, faults, failures or other “bugs” or any viruses, malware or other harmful software.

Links to External Websites

The Town may provide links to external websites that are controlled by institutions or organizations that are independent of the Town. The Town does not endorse, approve, certify or control the external websites and does not guarantee the currency, accuracy, completeness, efficiency or timeliness of the content on those external websites. You use the content located on external websites at your own risk, and you agree that the Town is not liable for any loss or damage that you may suffer by using the external websites or any content on the external websites.

Personal Accounts on Site

Parts of the Site are protected by passwords, require a login and may require you to answer a designated security question for authentication purposes. You agree to provide the Town with current, complete and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy.

You agree to use the Site to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act.

You are fully responsible for:

  • maintaining the confidentiality of any account information, user names, logins, passwords and security questions and answers that you use to access any page or feature on the Site;
  • for logging off of your account and any protected areas of the Site; and
  • all activities occurring under your accounts, user names, logins, passwords and security questions and answers that result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures.

If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords or security questions and answers, you must contact the Town immediately. The Town will not be liable for any loss or damage arising from your failure to comply with this part of the Terms of Use.

Information submitted to speak to Council

You may make a request through this Site to speak to Council. Information provided in relation to your request becomes part of the public record and your name is included in the minutes of the meeting.

Transmission of Sensitive Information

Some of the services provided to you through the Site may involve electronic transmission, including through any email address you provide to the Town, of information that you may consider to be sensitive (such as sensitive personal, financial or business information). You consent to such transmission and assume all risks associated with this method of transmission.

Site Monitoring

Your use of the Site may be monitored by the Town for internal purposes (subject to the Town’s Privacy Policy ) without liability to you, as permitted by law.

Access to the Site

The Town may, in its sole discretion, modify, suspend, discontinue, remove, restrict or prohibit access to the use and availability of any part of the Site at any time, without notice or liability to you.

Termination

If you violate this Terms of Use, your licence to use the Site automatically and immediately terminates. The indemnity in this Terms of Use survives the termination of your licence to use the Site.

Severability

If any part of this Terms of Use is deemed unlawful, void or unenforceable, then that part will be deemed severable from this Terms of Use and will not affect the validity and enforceability of any other part of this Terms of Use.

Entire Agreement

This Terms of Use represents the entire agreement between you and the Town relating to the use of the Site and supersedes and replaces any representation, warranty, statement or communication made to you that is not contained in this Terms of Use.

Governing Law

The laws of British Columbia, Canada govern this Terms of Use and any dispute that might arise between you and the Town without regard to any conflict of law principles.

You irrevocably agree to take any legal action related to this Terms of Use only to a court of competent jurisdiction in British Columbia, and no other jurisdiction or venue. You irrevocably consent and submit to the jurisdiction of the courts in British Columbia for this purpose.

Questions about Personal Privacy

The Town collects, uses and discloses your personal information in accordance with the Town’s Privacy Policy. If the Site request any personal information that you would prefer not to provide online, you may contact Webmaster at webmaster@oliver.ca or visit us in person at 6150 Main Street, Oliver, BC.

Intellectual Property Complaint

The Town respects the intellectual property rights of others. If you believe that your work or a work of another has been copied in a way that constitutes copyright infringement, or an infringement of any other intellectual property right, please notify the Town by contacting Webmaster at webmaster@oliver.ca or visit us in person at 6150 Main Street, Oliver, BC.

Questions about the Site

If you have questions or comments about the Site, please contact webmaster@oliver.ca  


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