Legal Notices

Disclaimer

The City of Kimberley’s website is not an official statement of City policy, law practices, services or procedure. The City of Kimberley does not represent or warrant that materials in our websites are accurate, complete, reliable, current or error free. The City of Kimberley does not represent or warrant that our websites or its server(s) are free from viruses or other harmful components.

Limitations of Liability; Indemnity

In no event shall the City of Kimberley be liable for any direct, special, indirect or consequential damages or any other dames of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of our websites or the materials contained in, or accessed through our websites.

You agree to defend, indemnify and hold harmless the City of Kimberley and its affiliates and their respective officers, directors, employees and agents from and against any liabilities, losses, costs, claims, expenses, damages, causes of action or demands, including without limitation reasonable legal and accounting fees, arising or resulting, or alleged by a third party to be arising or resulting from your use of any information or material from our websites or your breach of any of these Terms of Use. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. The provisions of this paragraph shall indefinitely survive the termination of this agreement.

Links to Other Sites

The City of Kimberley does not endorse, approve, certify or control external Internet sites this site may link to and does not guarantee the accuracy, completeness, timeliness or correctness of any information contained on those sites.

Emails, Comments & Feedback

Communications made through this site's email and messaging system is for convenience only and shall not be deemed to constitute legal notice to the City of Kimberley or any of its officers, agents, agencies, employees or representatives with respect to any existing or potential claim or cause of actions or for any other purpose. Correspondence with any government body, including City of Kimberley Council and staff, is subject to disclosure under the Freedom of Information and Protection of Privacy Act.

Privacy Policy

The City of Kimberley is committed to protecting the privacy of any personal information you may provide when visiting our website. Our practices have been designed to ensure compliance with the privacy provisions of the Freedom of Information and Protection of Privacy Act (British Columbia) ("FOIPPA"). Any personal information you provide to us is collected, used and disclosed in accordance with FOIPPA.

Applicable Law

These Terms of Use shall be construed in accordance with the laws of the Province of British Columbia and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use shall be filed only in the courts of the Province of British Columbia, if applicable, and you further agree and submit to the exercise of personal jurisdictions of such courts for the purposes of litigating any such claim or action.

Termination

Notwithstanding any of these Terms of Use, the City of Kimberley reserves the right, without notice and in its sole discretion, to terminate your license to use our websites, and to block or prevent future access to and use of our websites.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms of Use apply exclusively to your access to, and use of, our websites and do not alter in any way the terms or conditions of any other agreement you may have with the City of Kimberley for products, services or otherwise. The City of Kimberley reserves the right to change any and all content contained on our websites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the City of Kimberley.