User Agreement
Outlined below is important information regarding the terms and conditions of accessing information and using online services offered through the Login.
PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THIS SITE, YOU SIGNIFY ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
Welcome to the user agreement (the “Agreement” or “User Agreement”) for the City of Toronto (hereafter referred to as the “City of Toronto” or “City”) Login and the services that may be accessed using the Login. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of the Login and the services that may be accessed using the Login (the “Site”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the other pages and Web sites referred to in this document, as they may contain further terms and conditions that apply to you as a user.
The City may amend this Agreement at any time by posting the amended terms on the Site. This Site is owned and operated by the City of Toronto. City of Toronto reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates and you are encouraged to check the Site periodically for any updates.
1. Electronic Communications
(1) When you visit the Login, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(2) By joining the Login, you acknowledge and agree that the City of Toronto will send member e-mails relating to their member account, transactions and City of Toronto communications. You can opt out of your subscription to City of Toronto e-mail services at any time by logging in to the Login and selecting Notification Preferences under the heading Account Settings. You can also unsubscribe at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences.
2. Your Login Password
City of Toronto is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and account information private and confidential.
General Terms and Conditions of Use
3. Proprietary Rights
(1) All materials on this site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, and communications are protected by intellectual property rights owned and controlled either by the City of Toronto, or by third parties who have licensed their material to the City. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of the City or except as specifically permitted on this Web site. Modification of material or use of material for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other Web site or networked computer is prohibited.
(2) The trade marks, logos and service marks that you see on this site are registered and unregistered marks of the City of Toronto, or third parties who have licensed the use of such marks to the City. Nothing in this site grants any licence or right to use any marks displayed on this site without the written permission of the owner of the mark. Your misuse of the marks displayed on this site or any other content on this site is strictly prohibited.
(3) The City of Toronto makes no representation that materials on the site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.
(4) The City of Toronto welcomes comments on our services, including the Site. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to the City will become property of the City. The City is entitled to use any material that you submit for any type of use forever in any media whether known now or developed later. When you submit material to the Site, you agree that the City has the right to publish the material without compensation to you of any kind.
4. Linked Sites
SOME LINKS IN THE LOGIN SITE LET YOU LEAVE THE WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THE CITY AND THE CITY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. THE CITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE CITY OF THE LINKED SITE.
5. Disclaimer
The materials in the Site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, the City disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Site and any Web site with which the Site is linked. The City does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the City network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components.
6. On-Line Payments
Your receipt of an electronic form or other form of confirmation of payment does not signify the City’s receipt of acceptance of your payment. Your payment shall be deemed to constitute an offer to pay which will be accepted by the City only upon successful payment by VISA, MasterCard or American Express.
In the event of a delay in or failure of performance under this Agreement by the City which arises by reason of force majeure, including without restriction an act of God, an act of any government or any governmental body, an act of war or terrorism, the elements, a strike, a lockout or a labour dispute, or any cause beyond the reasonable control of the City, the City shall not be responsible, and the City shall use best efforts to mitigate the effect of such force majeure, but nothing in this clause shall require the City to settle a labour dispute in order to render performance.
You hereby waive and release the City from any and all claims for damages or compensation arising from such delay or failure of performance.
7. Termination
These terms and conditions of use constitute an agreement that is effective until terminated by the City at any time without notice. The City may terminate your right to use this site immediately, without notice to you if, in the sole discretion of the City, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. In the event of termination, you are no longer authorized to access the benefits of this site; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this Agreement. These terms and conditions of use constitute the entire agreement between you and the City related to this Site unless you have agreed to further terms and conditions to access a particular service that may be accessed using the Login Portal.
8. Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. You agree to bring any claims against the City exclusively in the courts of Ontario. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
9. Compliance with Laws
(1) You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
(2) You agree not to impersonate another person in your use of the site or the sending of any e-mail to an address listed on the site.
10. Viruses
While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
11. Service Providers
To provide and process the services you request, the City may share your PII (Personally Identifiable Information) with service providers that perform certain services or functions on our behalf. Our service providers need information about you, including your credit card information, to process and confirm your transactions. We have placed limitations on these suppliers from using or disclosing your information without your permission.
12. Our Obligations
The City may be required by law to disclose information you have provided in obtaining our services. The City may also disclose information against someone who poses a threat to the City’s interests, or whose activities could bring harm to others. In addition, it may be necessary for the City to provide customer information to third parties, such as credit card companies, for the purpose of resolving disputes that arise in the normal course of business.
13. Other Web Sites
(1) There are several places throughout the Site that may link you to other Web sites that do not operate under the City’s information privacy practices.
When you click through to these Web sites, the City’s information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party Web sites to understand their procedures for collecting, using, and disclosing your information.
(2) You have the option of sending e-mail to Customer Support requesting a change to the information provided to us or to receive a copy of the information we have stored.
14. Surveys
(1) To help us improve the Site and serve you better, from time to time we may e-mail surveys to you to learn more about your experience with our site. You are under no obligation to respond to these surveys, and you may unsubscribe from receiving them by following the unsubscribe instructions in any e-mail survey you receive.
(2) The City may contract a reputable third party to facilitate the distribution of a survey.
15. Request Customer Support or Submit Questions/Suggestions
When you request assistance with viewing your profile, logging on to the Site, or accessing your account, we will respond to you via e-mail or telephone.
16. Privacy
We do not sell or rent your personal information to third parties and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We store and process your information on computers located in Canada that are protected by physical as well as City network firewalls. Our current Privacy Policy is available at www.toronto.ca . If you object to your information being transferred or used in this way please do not use our services.
17. No Warranty
THE CITY, MAYOR, COUNCILLORS, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CITY, MAYOR, COUNCILLORS, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
18. Liability Limit
IN NO EVENT SHALL THE CITY, MAYOR, COUNCILLORS, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MYTORONTO.CA SITE, CITY SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE.
Neither the City nor its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Site or from the use of, or the inability to use City materials. You specifically agree that the City is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the Site, or with any of the terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site.
19. Indemnity
You agree to indemnify and hold the City, Mayor, Councillors, Officers, Directors, employees and agents harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
20. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.
21. No Agency
You and the City are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. Changes to These Terms and Conditions of Use
The City reserves the right to change the above Terms and Conditions of Use without notice. Any changes will be posted on the Site.