Terms of Service

Bowen Island Municipality Terms of Service

1. Acceptance of Terms and Definitions

1.1. Agreement
These Terms of Use (“Terms”) govern your access to and use of the official Bowen Island Municipality (BIM) website, all associated online services, information, applications, and any municipal systems or platforms accessed through this website (collectively, the “Services”).

By accessing or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Municipality’s Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you must not access or use the Services.

1.2. Definitions

  • The Municipality, We, Us, Our: Refers to the Bowen Island Municipality, a municipal corporation established under the laws of the Province of British Columbia, Canada.
  • You, Your, User: Means any individual, organization, or entity accessing or using the Services.
  • Content: Means any and all text, graphics, images, audio, video, data, links, forms, or other material published, displayed, or made available by the Municipality on the Services.
  • User Content: Means any and all content, information, feedback, data, or materials submitted, posted, uploaded, or transmitted by you to the Services (e.g., public comments, forum posts, or submitted application materials).
  • Third-Party Services: Means software, services, or websites operated by an entity other than the Municipality, such as payment processors (e.g., a specific bank or service provider), mapping services, or social media platforms.

2. Scope of Services and Access

2.1. Nature of Services

The Services provided by the Municipality are primarily for the purpose of public information dissemination, engagement, and the facilitation of municipal governance and transactions. This includes, but is not limited to:

  • Access to public documents (bylaws, minutes, staff reports, notices).
  • Online forms and applications (permits, licences).
  • Payment portals for municipal fees, taxes, and utilities.
  • Interactive communication tools (e.g., public forums or comment sections).

2.2. Modification of Services

The Municipality reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, and without liability to you or any third party.

2.3. Account Security

If the Services require you to create an account, you agree to:

  • Provide accurate, current, and complete information during the registration process.
  • Maintain the confidentiality of your account credentials (username and password).
  • Be responsible for all activities that occur under your account, whether or not you authorized such activity.

3. User Responsibilities and Acceptable Use

3.1. Responsibility for User Content

You acknowledge and agree that you are solely responsible for your User Content and the consequences of posting or publishing it. You warrant that you own or have the necessary licenses, rights, and permissions to use and authorize the Municipality to use all patents, trademarks, copyrights, or other proprietary rights in and to any User Content.

3.2. Prohibited Conduct

You must not use the Services to:

  • Engage in any activity that is illegal or prohibited under the laws of Canada, the Province of British Columbia, or any applicable municipal bylaws.
  • Post User Content that is defamatory, discriminatory, hateful, harassing, threatening, abusive, or obscene.
  • Post or transmit spam, junk mail, commercial solicitations, or any unsolicited bulk electronic communications.
  • Impersonate any person or entity, including any municipal employee or elected official.
  • Distribute, transmit, or introduce any virus, malware, spyware, malicious code, or other harmful computer file.
  • Attempt to gain unauthorized access to the Services, other User accounts, or the Municipality’s computer systems.
  • Interfere with or disrupt the operation of the Services or the servers or networks connected to the Services.

3.3. Municipality’s Right to Monitor and Remove

The Municipality has the right, but not the obligation, to monitor User Content and may, in its sole discretion, remove, edit, or block access to any User Content that violates these Terms or that is deemed inappropriate for a public, governmental website.

4. Municipal Fees and Transactions

4.1. Financial Transactions

Any fees, taxes, payments, or charges for municipal Services (e.g., permit applications, utility payments) conducted through the Services must be paid in Canadian funds using the method specified. You agree to pay all applicable fees and Taxes associated with your use of these transaction Services.

4.2. Errors and Cancellations

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, the Municipality shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price.

4.3. Refund Policy

All refunds and cancellations are processed in accordance with the specific municipal bylaw or policy governing that particular fee or service. Generally, all payments are final, unless explicitly stated otherwise by the Municipality’s official policies.

5. Intellectual Property and Licenses

5.1. Municipality Intellectual Property (IP)

All Content, visual interfaces, interactive features, information, software, products, and all other elements of the Services (excluding User Content) are the property of the Bowen Island Municipality or its licensors and are protected by Canadian and international copyright, trademark, and intellectual property laws.

5.2. User Content License Grant

By submitting User Content to the Services, you grant the Municipality a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the operation of the municipal Services and the Municipality’s public administrative, legislative, and communication functions. This license is limited to the purposes necessary for the Municipality to carry out its public mandate.

6. Disclaimers, Liability, and Indemnification

6.1. NO WARRANTIES (Disclaimer)

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Municipality makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, Content, or materials included therein. The Municipality specifically disclaims all warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

6.2. Limitation of Liability

In no event shall the Bowen Island Municipality or its employees, officers, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Services, including, but not limited to, lost data or profits, even if the Municipality has been advised of the possibility of such damages.
Furthermore, the Municipality’s liability for damages shall be limited in accordance with the Local Government Act, the Community Charter, and other applicable laws of the Province of British Columbia governing the liability of municipal entities.

6.3. Indemnification

You agree to defend, indemnify, and hold harmless the Municipality and its elected officials, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

  • Your use of and access to the Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including any copyright, property, or privacy right.
  • Any User Content posted by you.

7. Governing Law and General Provisions

7.1. Governing Law

This Agreement, and any disputes or claims arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein.

7.2. Jurisdiction and Venue

You agree that the courts of the Province of British Columbia, Canada, shall have exclusive jurisdiction to resolve any dispute or claim arising out of these Terms or the Services.

7.3. Changes to Terms

The Municipality reserves the right, at its sole discretion, to modify or replace these Terms at any time. The date of the last update will be reflected at the beginning of this document. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.

7.4. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Municipality concerning the Services, superseding all prior or contemporaneous agreements, communications, and proposals.

8. Contact Information

Bowen Island Municipality
580 Bowen Island Trunk Road
Bowen Island, BC, V0N 1G2
604-947-4255
bim@bimbc.ca

Last Updated on 2025-12-07 at 09:10 PM