Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY.
IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.
This is a legal agreement between Directorate of Agencies for School Health ("we" or "us" or "DASH BC"), of 1055-409 Granville Street, Vancouver, B.C., V6C 1T2, and the person named on the registration form that was submitted to DASH BC before you accepted this agreement ("you" or the "Member") regarding your use of the Healthy Schools BC website which is currently at www.healthyschoolsbc.ca ("HSBC"). If you do not accept these terms, you must not use HSBC.
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
- Membership. You do not have to be an HSBC member to enjoy some of the features of HSBC. In particular, HSBC users who are not members may view some of the content on HSBC as long as they comply with our standards of conduct. However, members receive additional benefits (such as the ability to submit comments, programs and resources to HSBC), subject to our policies and standards of conduct from time-to-time. Membership applications may be subject to approval and verification. We may change the benefits and features of membership from time-to-time by sending you an email or by posting the changes on HSBC.
- Eligibility.By submitting an application to register as an HSBC member and accepting the terms of this agreement, you represent and warrant to us that:
- you are an individual who can form a legally binding contract at law; and
- you are at least 19 years old, and of the age of majority in the jurisdiction from which you access HSBC; and
- we have not previously terminated or revoked your permission to access and use HSBC.
- Services. Some or all of the services we make available to you through HSBC (collectively the "Services") may be provided by third parties. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
- HSBC Account, User Name and Password.
- You may establish only one account on HSBC.
- You must provide us with all "required information" we ask for on our registration form.
- All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
- You must select a unique user name and password for your account. You must not use a user name or password that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable.
- You must keep your password secure and confidential.
- You are the only one who can access and use your user name, password and account. You must not allow anyone else to access or use your user name, password or account. You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by emailing firstname.lastname@example.org.
- Rules.Whenever you access, use or otherwise deal with HSBC or the Services, you must comply with all
- Yapplicable laws; and
- acceptable-use policies and other policies implemented by DASH BC with respect to the HSBC or the Services from time-to-time, as posted on HSBC; and
- Prohibitions.You must not:
- reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of HSBC or the Services;
- create a link, name or label, or otherwise upload to or transmit from HSBC or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
- be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone's privacy, or excessively violent,
- violate any law including intellectual property, privacy or other laws;
- impersonate any person;
- give rise to civil or other liability; or
- relate to illegal drugs, weapons, gambling or other illegal activities;
- upload to or transmit from HSBC or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
- use HSBC or the Services to do or attempt to do any of the following without DASH BC's prior written permission:
- send spam or other bulk messages;
- gain unauthorized access to any data, network or system;
- conduct or promote any commercial activity;
- gamble, including through the use of HSBC credits;
- refer to any competitor of DASH BC or any service that is similar to or competitive with HSBC;
- monitor data or traffic on any network or system;
- obtain an email address, user name or other information about a third party without their consent;
- use any misleading, false or deceptive TCP/IP header information in any email or posting; or
- conduct or instigate any denial of service attack against DASH BC's website or network, or any third party's website or network;
- improperly make complaints or use "flag" buttons or make false reports on HSBC;
- artificially inflate or alter ratings, views or statistics on HSBC;
- falsify any data or information available on HSBC;
- delete or modify any copyright or other intellectual property notices on HSBC;
- sell or transfer your HSBC account, or allow any third party to access or use it;
- avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of HSBC or the Services or any hardware/software used to provide HSBC or the Services, or third party hardware/software or services;
- interfere with the Services or any third party's use of HSBC or the Services;
- resell any of DASH BC's services or allow any third party to use or access HSBC or the Services without DASH BC's prior written consent; or
- authorize or encourage any third party to do any of the above.
- Remedies. In addition to any other available remedies, upon breach of any of your obligations under this Agreement DASH BC may suspend or terminate the Services and your HSBC account.
- Changes to This Agreement. DASH BC may in its discretion change, supplement or amend this Agreement from time to time as it relates to future use of HSBC, without any prior notice or liability to you or any other person, by posting the revised Agreement on HSBC. By using HSBC after this Agreement has been revised, you signify your acceptance and agreement, and the acceptance and agreement of all persons you purport to represent, without limitation or qualification, to be bound by the revised Agreement, and you represent and warrant that you have the legal authority to agree to and accept the revised Agreement on behalf of yourself and all persons you purport to represent. If you do not agree with each provision of the revised Agreement, or you are not authorized to agree to and accept the revised Agreement, you may not continue to use HSBC. You may not change, supplement, or amend this Agreement in any manner.
- Ownership. As between you and DASH BC, you will retain ownership of all original text, photos, videos, messages, comments, ratings, and other original content you provide on or through HSBC (collectively, "Your Content"), and all intellectual property rights in Your Content. As between you and DASH BC, DASH BC or third parties solely own the following (the "DASH BC Property"):
- all other content on HSBC or provided through the Services, including all text. photos, videos, templates, images, icons, software, designs, applications, data, and other content provided by DASH BC (collectively, the "DASH BC Content") and all intellectual property rights in the DASH BC Content; and
- all tools, hardware and software used to provide the Services (collectively, the "DASH BC Tools");
- the graphical design of HSBC, the HSBC user interface and the look and feel of HSBC and the HSBC user interface; and
- the names, logos and trade-marks of DASH BC and on HSBC (including third parties' marks) and DASH BC.
You may print HSBC pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. HSBC and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of DASH BC. You may not sell or resell any part of HSBC or access to HSBC. You may not use any of the software that is used in the operation or provision of HSBC except while you are using HSBC in accordance with this Agreement.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the DASH BC Property except as explicitly permitted by DASH BC.
- Licence regarding Your Content. Your content will be shared with and may be modified by third parties. Accordingly, you hereby grant DASH BC and our service providers, members, users and licensees a perpetual, irrevocable, world-wide, non-exclusive, royalty-free licence (the "Licence") to copy, publicly display, modify, transmit, telecommunicate, make derivative works of, use and distribute Your Content, and to sublicense third parties to do the same for any purpose, subject to our policies, as those policies are amended from time-to-time. DASH BC may also delete or recategorize any of Your Content in its sole discretion without notice to you, and DASH BC may sell, licence, republish or otherwise commercialize some or all of Your Content as it sees fit without any compensation to you.
- Moral Rights.DASH BC and our service providers, members, users and licensees may:
- use, copy, display, transmit, alter, vary, adapt and exploit all of Your Content as we see fit, and
- use, copy, display and transmit your user name in connection with any or all of Your Content if DASH BC or the service providers, members, users or licensees wish to do so;
in all media and in all manner whatsoever, including in presentations, merchandising, advertising, commercial tie-ins, corporate materials, publications, and otherwise, without any payment to you or any third party. You hereby waive in favour of DASH BC and our service providers, members, users and licensees all moral rights and droits d'auteurs that you may have in Your Content.
- Representations regarding Your Content.You represent and warrant to DASH BC that:
- you either own Your Content or have written permission from the copyright owner to make the Content available through the Services and on HSBC;
- Your Content is accurate and correct;
- you have the right to grant the Licence; and
- the reproduction, display, distribution, use and other exploitation of the Content by DASH BC and our service providers, members, users and licensees as permitted by the Licence will not infringe or violate the rights of any third party.
- Other Content. DASH BC does not endorse all of the content on HSBC, and that content may contain viruses, incorrect statements, and material that is not suitable for you. DASH BC will not be responsible or liable for content that is generated by HSBC users.
- Monitoring and Disclosure. DASH BC cannot monitor everything on HSBC and does not normally monitor your use of the Services; however, DASH BC and our representatives may do so. We reserve the right to remove, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If DASH BC receives any notice (or has any reason to believe) that any of the Content (or the display or availability of that Content) violates any obligation in this Agreement, DASH BC may remove that Content in its sole discretion without prior notice. If you notice any inappropriate Content on HSBC, please use the "report abuse" buttons on the site, or email us at email@example.com.
- Infringement Claims.If you own intellectual property rights and believe that those rights are being violated on HSBC, then you may report the violation by sending the following information to HSBC in a document signed by you:
- a description of the work(s) claimed to have been infringed;
- an identification of the allegedly infringing works on HSBC, and information reasonably sufficient to permit HSBC to locate the works;
- information sufficient to permit HSBC to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of violates your intellectual property rights; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The document must be sent to us as follows:
- No Linking, Framing, Mirroring, Scraping, Data-mining or Postings. To request permission to link to HSBC, please send an email to firstname.lastname@example.org. DASH BC may in its discretion cancel and revoke any permission it may give to link to HSBC at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of HSBC or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of HSBC or to post comments, communications, or any other data of any kind to or on HSBC with the intention that such postings may be viewed by other users of HSBC.
- Unsolicited Submissions. In order to avoid potential misunderstandings or disputes, DASH BC does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to DASH BC or HSBC, you automatically grant (or warrant that the owner of the Submissions grants) to the HSBC and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of DASH BC or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of DASH BC and its successors, assigns and licensees.
- Interruptions/Errors. Your use of HSBC and the Services might be interrupted and will not be free of errors. Some of the content on HSBC might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
- Disclaimers, Liability Exclusions/Limitations and Indemnity. YOUR ACCESS TO AND USE OF HSBC IS AT YOUR OWN RISK. HSBC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, PRIVACY, QUALITY, RESULTS, SECURITY, SEQUENCE, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY DASH TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
- LIABILITY EXCLUSIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL DASH BC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, SUB-CONTRACTORS, LICENSORS AND LICENSEES, OR OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY THE "DASH BC ENTITIES") EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO HSBC, THIS AGREEMENT, THE SUBJECT MATTER OF THIS AGREEMENT, THE TERMINATION OF THIS AGREEMENT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY ANY DASH BC ENTITIES OR ANY PERSON FOR WHOM DASH BC IS RESPONSIBLE, AND EVEN IF DASH BC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
- LIABILITY LIMITATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF THE DASH BC ENTITIES TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY DASH BC OR ANY PERSON FOR WHOM DASH BC IS RESPONSIBLE, AND EVEN IF DASH BC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE BEING INCURRED, EVER EXCEED TEN DOLLARS $10 (CDN). YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE DASH BC FROM ANY AND ALL LIABILITY IN EXCESS OF TEN DOLLARS $10 (CDN).
- INDEMNITY. YOU WILL INDEMNIFY, DEFEND AND HOLD THE DASH BC ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE DASH BC ENTITIES IN CONNECTION WITH ANY CLAIM, DEMAND OR PROCEEDING ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR ACCESS TO OR USE OF HSBC, YOUR BREACH OF THIS AGREEMENT, THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US, OR ANY WRONGFUL CONDUCT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THIS AGREEMENT OR AT LAW. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY DASH BC IN THE DEFENCE OF ANY SUCH CLAIM, DEMAND OR PROCEEDING.
- ACKNOWLEDGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY. ADVICE AND INFORMATION PROVIDED BY DASH BC, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OR VARY OR AMEND THIS AGREEMENT, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
- Personal Information Privacy.We and our representatives will collect personal information about you including your name, contact information, birth date, gender, numerical identifiers, personal preferences and other information. You acknowledge that we and our representatives may use your personal information for the following purposes:
- to allow us to communicate with you (including through the use of commercial electronic messages), manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other HSBC users,
- if you check the applicable boxes in the registration form, to provide you with our newsletter and with information about our services,
- to customize the advertising and content that is presented to you on HSBC,
- to contact you regarding any orders you place through HSBC, and to help process, deliver and take payment for those orders,
YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED ABOVE.
- Other Sites/Resources. For your convenience, HSBC may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from DASH BC, and DASH BC has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. DASH BC does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against DASH BC arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. The provisions of this Agreement apply, with all necessary modifications, to your access to and use of Other Sites and their business, goods, services and content.
- Changes/Termination. Notwithstanding any other provision of this Agreement, DASH BC may in its discretion change, discontinue, modify, restrict, suspend or terminate HSBC or any part of it without any notice or liability to you or any other person. DASH BC may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use HSBC without any notice or liability to you or any other person.
- Effect of Termination. If this Agreement or your permission to access or use all or any part of HSBC is terminated for any reason, then this Agreement and all other then existing agreements between you and DASH BC will continue to apply and be binding upon you regarding your prior access to and use of HSBC, and anything connected with, relating to or arising therefrom. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Sections 9 - 12, 15 - 17, 19 - 25, 27 and 28 of this Agreement, and all other provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect.
- Governing Law and Dispute Resolution. This Agreement, your access to and use of HSBC, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and DASH BC or any other person arising from, connected with or relating to HSBC, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
- Other Matters. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose.
This Agreement ensures to the benefit of and is binding upon each of DASH BC and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. DASH BC may assign this Agreement and its rights and obligations under this Agreement without your consent. This Agreement contains provisions for the benefit of DASH BC's directors, officers, employees, agents, information providers, service providers, suppliers, sub-contractors, licensors and licensees, and other related, associated, affiliated or connected persons, each of whom has the right to assert and enforce such provisions directly or on its own behalf.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennentet exigent expressementqueceContrat et tous les documents qui s'yrapportentsoientrediges en anglais.
Any rights not expressly granted by this Agreement are reserved to DASH BC.