Terms of Use

Please review these Terms of Use carefully. By accessing, using or purchasing a product or service on bayham.on.ca (the "Site"), you accept and agree to comply with the following Terms of Use. If you do not agree with these Terms of Use, you should immediately discontinue any use of this Site. These Terms of Use are subject to change from time to time. You should visit this web page periodically to review the Terms of Use that govern your transactions and are binding on you.

Licence

The Municipality of Bayham ("The Municipality") grants you a limited, non-exclusive, non-transferable licence to access and make personal use of the Site for non-commercial use, provided the Site is not modified or downloaded (other than page caching) unless expressly authorized by the Municipality. You will be fully responsible for any consequences resulting from any use. This licence does not include any right for resale or commercial use of the Site or its content. No derivative use of the Site or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Site will terminate the licence and all the limited rights or permission granted by the Municipality.

The Municipality owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the Site (collectively the "Contents"). The Contents on this Site and its compilation are protected by Canadian and international copyright, and trademark laws. Unauthorized use of the Contents may violate copyright, trademark, and other laws. You may make a single copy of the Contents on this Site for non-commercial, personal or educational use only. Copying, repackaging, redistributing or modifying the Contents provided by this Site, in whole or in part, in printed or electronic format, is strictly prohibited.

Participation in online discussion groups, comments & other communications

Where applicable, you may post or submit comments, suggestions, ideas, questions, or other information to the Municipality, provided the content is not illegal, obscene, defamatory, threatening, contrary to human rights legislation, contrary to Municipal policy, an invasion of privacy, objectionable, or infringing of intellectual property rights of third parties, does not contain personal information about a third party, and does not consist of or contain software viruses, commercial solicitation or any form of "spam". You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of such content. If you post or submit comments, suggestions, ideas, questions, or other information ("Material"), you grant the Municipality an irrevocable, non-exclusive, royalty-free, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content or material world-wide. You irrevocably waive all moral rights to such Material. You represent and warrant that you own or otherwise control all rights to any Material posted or submitted and that your Material does not violate these Terms of Use or other Municipal policy and will not cause injury to any person or entity; and that you will indemnify the Municipality for all losses or claims resulting from Material you supply. The Municipality takes no responsibility and assumes no liability for any Material posted by you or any third party. The Municipality reserves the right to monitor and edit or remove any activity or Material or inactivate any account that appears to violate these terms of use or guidelines for participating in an online discussion.

Limitation of liability, disclaimer of warranties and conditions

The Contents, products and services are provided in good faith on an "as is" basis and were current at the time of posting for use on the Site. The Municipality disclaims all warranties or conditions, express or implied, in respect of the Contents, products and services considered by these Terms of Use, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent in jurisdictions that limit the exclusion of implied warranties. The Municipality is not responsible for any liability for any direct, indirect, incidental, consequential or other damages resulting from the use, misuse or misinterpretation of any content, products or services provided by this Site.

Indemnity

You agree to indemnify, defend and hold harmless the Municipality and its officials, councillors, officers, employees and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to your use of the Contents, products or services provided by this Site.

Links

Links to third-party websites are provided solely as a convenience to you. These other websites were independently developed by parties other than the Municipality and the Municipality assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by The Municipality and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third party websites, you do so entirely at your own risk. When you visit another site, please review their terms of use. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission of the Municipality.

Site policies, modification and severability

We reserve the right to make changes to our Site, policies or Terms of Use and provide any additional terms at any time. The changes or additional terms are effective immediately upon their posting on the Site. Your use of the Site will be subject to the Terms of Use posted on the Site at the time of use. In the event any of these conditions should be determined to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severable and will not affect the validity and enforceability of any remaining condition.

Termination

If you violate these Terms of Use or other policies and guidelines posted on this Site, your permission to use the Content automatically and immediately terminates and you must immediately destroy any copies you have made of the Content. The Municipality reserves all of its rights at law and in equity.

Governing law and jurisdiction

The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Ontario and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in London, Ontario.

Description of services, products, pricing and payment terms

The Municipality has attempted to be as accurate as reasonably possible, however it does not warrant that product descriptions or other Contents of the Site are accurate, complete, reliable, current, or error-free. Prices and availability of products and services are subject to change at any time without notice. All prices are listed in Canadian dollars. In addition to these Terms of Use, some products and services are subject to a separate additional licence agreement. Payment terms are within the Municipality's sole discretion, and unless otherwise specified in the Municipality's invoice, payment must be received by the Municipality prior to the Municipality's acceptance of an order. Orders are not binding on the Municipality until accepted by the Municipality. Separate charges for shipping and handling may be shown on the Municipality's invoice. You are responsible for any taxes applicable to your order or use which will be shown as a separate charge on the Municipality's invoice. You are responsible for any other charges or tariffs (including but not limited to customs) that may be applicable.

Request for permission/further information

Any use beyond the scope permitted by these Terms of Use requires express written permission from The Municipality. The requirement for obtaining written permission may include but is not limited to an additional formal licence agreement to which a licence fee may apply. Contact us for more information.