AGREEMENT BETWEEN THE USER AND THE City of Regina (the “City”)
Acceptance of Terms
This Agreement constitutes the entire and only agreement between the City and you for use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and services provided by or through the Site.
You agree to review the Agreement prior to using or gaining access to the Site. The City may amend the Agreement from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, for review prior to using the Site. The City may immediately terminate the use of the Site by any user if that user has used the Site in any way contrary to the Agreement or the law or in any way that disrupts the Site. If you are dissatisfied with the terms, conditions, rules, policies, guidelines or practices of the Site, your sole and exclusive remedy is to discontinue using it.
Online Job Search and Application
The City has contracted with a third party to provide online job posting, search, and application services for City of Regina website (www.regina.ca) users. This third party stores job posting and user information on the City's behalf. You understand that you will have to provide required personal information to this third party in order to be able to maintain an online candidate profile and apply for City of Regina jobs online. You agree that the information that you provide in this regard shall be accurate and complete.
The City does not claim ownership of the materials you provide to the City. Your receipt of an electronic form or other form of confirmation of application does not signify the City's receipt of acceptance of your application. Your application shall be subject to acceptance on grounds of validity and completion of required information, as determined by the City of Regina.
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 any government or governmental body, an act of war or terrorism, the elements, a strike, a lockout or a labour dispute, or any cause reasonably beyond the control of the City, the City shall not be responsible and the City shall use best efforts to mitigate the effect of such event, 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.
The City grants you a limited non-exclusive, non-transferable license to access and make use of the Site for personal, educational or non-commercial purposes, provided the Site is not modified or downloaded unless expressly authorized by the City. You will be fully responsible for any consequences resulting from any use. This license 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 license and all the limited rights or permission granted by the City.
Registration & Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the City of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under Canadian law or any other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to the City, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the City has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the City has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or related products and services (or any portion thereof).
The City reserves the right to delete inactive registrations after a period of one (1) year.
Copyright & Intellectual Property Rights
The City owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information including all text, graphics, logos, images, HTML code, multimedia clips, icons and the selection and compilation of the contents of the Site (collectively the "Contents").
The Contents on this Site and its compilation is protected by Canadian and international copyright, and trademark laws. You acknowledge that the Contents are the property of the City or of its respective owners, as indicated, or as the case may be. 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.
Limitation of Liability & Disclaimer of Warranties & Conditions
The City provides the Site on an "as is", "as available", basis. The City does not make any express or implied warranties, representations or endorsements with respect to the Site including, but not limited to, warranties as to merchantability and fitness for a particular purpose, operations, non-infringement, usefulness, completeness, accuracy and reliability.
Further, the City does not represent and warrant that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.
You have the sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties.
THE CITY IS NOT RESPONSIBLE FOR ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT, RESULTING FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIS SITE.
You agree to indemnify, defend and hold harmless the City and its officials, 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.
You are responsible for maintaining the confidentiality of your login ID and password.
Collection, Use and Disclosure of Personal Information
The City of Regina may monitor network traffic to identify unauthorized attempts to upload, delete or change information, or otherwise cause damage. The City records the Internet Protocol (IP) address of the computer that has contacted the Site, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity or individuals visiting the Site unless an attempt to damage the Site has been detected or we are legally obligated to do so by law.
Be aware that there is a possibility that some personal information collected could be ordered to be disclosed to the United States Government pursuant to American anti-terrorism legislation, The USA Patriot Act. This may occur where the information collected is in the possession of an American company or a Canadian subsidiary or related corporation of an American parent company. Presently, all information is kept on servers located within Canada, though the City of Regina reserves the right to change the location of stored information without notice.
As a condition of your use of the Site, you warrant to the City that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner which could damage, disable, overburden or impair the City’s website or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Further, you agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that the information or material that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity.
In addition, without limiting the generality of the foregoing, you will not:
(a) interfere with or disrupt the Site or computer networks connected thereto;
(b) impersonate any other person or entity or make any misrepresentation;
(c) upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
(d) use the Site in such manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site of the City’s computer or network systems;
(e) violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user’s ability to use the Site and any of the services or products produced on the Site;
(f) forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
(g) transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable and that may invade another’s right of privacy or publicity;
(h) use the Site’s communication features, if any, in a manner that adversely affects the availability of its resources to other users;
(i) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
(j) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software;
(k) delete or revise any material posted by any other person or entity; or
(l) manipulate or otherwise display the Site by using framing or similar navigational technology.
Links to third-party Web sites are provided solely as a convenience to you. These other Web sites were independently developed by parties other than the City and the City assumes no responsibility for the accuracy or appropriateness of the information contained in such Web sites. The inclusion of any link to another Web site does not imply an endorsement by the City and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third party Web sites, you do so entirely at your own risk.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray the City, its officials, its employees, or its Content, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.
Site Policies, Modification and Severability
Governing Law & Jurisdiction
The use of the Site and any purchase made on this Site are governed by the laws in force in the Province of Saskatchewan and Canada. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in Regina, Saskatchewan. The United Nations Convention on Contracts for the International Sale of Goods will not apply.