Terms of Use

1. Introduction

Applicable Terms. Thanks for using CivicLabs. CivicLabs is a service provided by CivicInfo BC ("CivicInfo BC", "we" or "us"), located at #203 - 4475 Viewmont Avenue, Victoria, BC V8Z 6L8. Your use of CivicLabs and the apps (referred to as "Content") available through it is subject to these CivicLabs Terms of Service (referred to as "Term").

2. Your Use of CivicLabs

Access to and Use of Content. You may use CivicLabs to access, edit, browse, locate, view, or download Content for your Local Government. Content may be offered by CivicLabs or made available by third-parties not affiliated with CivicLabs. CivicLabs is not responsible for and does not endorse any Content made available through CivicLabs that originates from a source other than CivicInfo BC.

In order to use CivicLabs, you must have a valid CivicLabs Membership. Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and CivicLabs.

Updates. CivicLabs, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Such Updates may be necessary in order for you to use CivicLabs or to access, download, or use Content. By agreeing to these Terms and using CivicLabs, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content via Settings in the Content host that publishes the content.

Information about You. CivicInfo BC’s privacy policies explain how we treat your personal data and protect your privacy when using CivicLabs. CivicInfo BC may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.

Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of CivicLabs or of any user of other CivicInfo BC Services via CivicLabs, including account names.

Disabled Accounts. If CivicLabs disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing CivicLabs, your account details or any files or other Content that is stored with your account. Contact CivicInfo BC for more information. Changes to these Terms. If the Terms change, you will be given at least 30 days’ notice, and the new Terms will be effective after such notice period. Your continued use of CivicLabs following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased or installed and terminate your use of CivicLabs. You may continue to view and edit that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

3. Purchases and Payments

Free Content. CivicLabs may allow you to download, view or use Content free of charge on CivicLabs. Additional limitations may apply to your access and use of certain free Content. Purchase of Content. When you buy Content on or using CivicLabs you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be either:

1. CivicInfo BC; or
2. provider of the Content (the "Provider"), including where CivicInfo BC is acting as an agent for the Provider.

The separate sale contract is in addition to these Terms.

Your contract for the purchase and use of Content is completed once you receive the email from CivicInfo BC confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

Other Payment Processing Methods. CivicLabs may make available to you various payment processing methods to facilitate the purchase of Content through CivicLabs. You must abide by any relevant terms and conditions or other legal agreement, whether with CivicInfo BC or a third party, that governs your use of a given payment processing method. CivicLabs may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on CivicLabs. Pricing. Pricing and availability of all Content displayed through CivicLabs are subject to change at any time prior to purchase. Taxes. "Taxes" means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If the seller of Content or CivicLabs is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of CivicInfo BC or the purchase of Content on or through CivicLabs. The reporting and payment of any such applicable Taxes are your responsibility.

All sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. Subscriptions. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period.

1. Trials Periods. When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant apps and any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.
2. Cancellations. You may cancel a subscription at any time before the end of the applicable billing period, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period.
3. Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, CivicInfo BC will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, CivicInfo BC may cancel your subscription unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

4. Rights and Restrictions

License to Use Content. After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized by CivicInfo BC. All rights, title and interest in CivicLabs and Content not expressly granted to you in the Terms are reserved. Your use of apps may be governed by the additional terms and conditions of the end user license agreement between you and the Provider. Violation of License Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and CivicInfo BC may terminate your access to CivicLabs, the Content or your Subscription without refund to you.

Restrictions: You may not:

1. display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
2. sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through CivicLabs except as permitted and only in the exact manner provided by CivicInfo BC.
3. attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or CivicLabs.
4. remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through CivicLabs, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content. Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to CivicInfo BC are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third-Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms. Defective Content. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Provider as soon as reasonably possible if you find any errors or defect.

Removal or Unavailability of Content. Subject to the Terms, Content that you purchase or install will be available to you through CivicLabs for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as CivicInfo BC has the right to make such Content available to you. In certain cases (for example if CivicInfo BC loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), CivicInfo BC may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by CivicInfo BC, you may be given notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, CivicInfo BC may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If CivicInfo BC issues you a refund, the refund shall be your sole remedy.