Definitions
The following terms have the following meanings in this document:
“Content” means all of the content found on the Website, including but not limited to text, information, designs, photographs, graphics, images, illustrations, audio recordings, videos, and links to external websites.
“Marketplace” means the marketplace where third-parties can post items for sale on the Website.
“Terms of Use” means the terms and conditions set out below, as revised from time to time at the discretion of TRU.
“TRU” means Thompson Rivers University, and its employees, contractors, agents, assigns, and affiliates.
“Website” includes smallwatersytemsbc.ca and marketplace.smallwatersystemsbc.ca.
Agreement
By accessing and using the Website, you acknowledge, accept, and agree to the Terms of Use. If you do not accept the Terms of Use, or any portion thereof, you must immediately cease all uses of the Website. If you are dissatisfied with the Terms of Use, or any portion thereof, your sole and exclusive remedy is to discontinue using the Website.
General Disclaimer
The information contained in the Website is for the benefit of owners and operators of Small Water Systems operating in the Province of British Columbia. The information is provided by TRU and was developed with a team of technical experts who oversee the Online Help Centre. TRU endeavors to keep the information current, accurate and suitable. However, due to changing circumstances, environment, laws, and policies, the accuracy of the information provided cannot be guaranteed, and any reliance you place on this information and its application to your water systems is strictly at your own discretion.
The advice of experienced specialists should be obtained by owners and operators of Small Water Systems where warranted by circumstances.
The Content posted on the Website are provided “as is” and “as available”. TRU makes no representations or warranties regarding the Content.
Ownership
The Website is for personal and non-commercial use. the Content is provided for informational purposes only. The Content is protected under Canadian and foreign copyright or other laws, and is owned by TRU, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information, and restrictions on or contained in any of the Content accessed through the Website. Any use, reproduction, alteration, modification, public performance, or display, uploading or posting onto the internet, transmission, redistribution or other exploitation of the website or of the Content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of TRU.
Indemnity
You acknowledge and expressly agree that use of the Website, including the Marketplace pages is at your sole and own risk. You agree to defend, indemnify and hold TRU harmless from any and all liabilities, costs and expenses, including any attorneys' fees, related to any violation of the Terms of Use by you or users of your account, or in any way arising out of the use of the Website, including without limitation, the placement or transmission of any information or other materials on the Site by you or users of your account.
Disclaimer regarding Marketplace
Advertisements, and the contents of such advertisements, posted on the Marketplace are provided by third parties. TRU does not guarantee the accuracy, completeness, quality, safety, or legality of what products and services are posted. Accordingly, to the extent legally permitted TRU expressly disclaims all warranties, representations, and conditions, expressed or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. TRU shall not be liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Marketplace, even if you advise TRU or if TRU could reasonably foresee the possibility of any such damage occurring.
Dealing with Third Parties, The Marketplace
Any correspondence or business dealings with any third parties on the Marketplace including merchants, sellers, buyers or advertisers found on, or through, the Marketplace is solely between you and such third parties, and TRU has no control over the quality, legality or inappropriate nature of the content of the advertisements, the truth or accuracy of any representations made by sellers and service providers, the ability of sellers to sell and the ability of buyers to purchase. TRU is not responsible for any loss or damages you may suffer by entering into transactions through Marketplace including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such transactions. You and the third party, not TRU, are responsible for compliance with all laws applicable in any such transactions.
User Registration, Account and Submitted Content
You are required to register with the Website to use the Marketplace features. You agree to keep your password confidential and will be responsible for all use of your account and password. You are responsible for all activities that occur under your account. You agree to notify TRU immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. TRU cannot and will not be liable for any loss or damage arising from TRU’s failure or your failure to protect your password or account information.
By using the Website you agree that;
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; and, (4) you will not use the Website for any illegal or unauthorized purpose;
We have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) if in our judgement you fail to abide by the terms of this agreement.
Posting, Ownership and Moderation
You must be 19 years of age to advertise products or services for sale on Marketplace.
All products or services advertised must be located within the province of British Columbia, Canada.
You agree not to post material known or within our judgement to be abusive, harassing, obscene, vulgar, profane, slanderous, false, defamatory, inaccurate, racist, hateful, fane, threatening, invasive of personal privacy, copyrighted, or in violation of Canadian law. Any unlawful activity will be reported to the appropriate authorities, including the police.
You agree not to advertise items in multiple sections or by using multiple emails (cross-posting).
You agree that TRU has the right to remove, edit, move or close any advertisement at any time should we see fit.
By posting or uploading advertisements to the Website, you grant TRU a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such advertisements for any purpose; and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
In addition to the grant of the above license, you hereby:
(1) agree to waive all moral rights in any advertisement in favour of TRU
(2) consent to your contact information appearing as the contributor of any advertisement, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with an advertisement;
(3) acknowledge and agree that TRU is not responsible for any loss, damage, or corruption that may occur to your advertisement; and
(4) acknowledge and agree that any advertisement you provide for display on the Web site will be considered non-confidential.
TRU may, at any time and in its sole discretion, remove an advertisement if TRU believes it interferes with the well-being of the Marketplace community or the spirit of the Marketplace community.
You acknowledge that the IP address and email address related to all advertisements is recorded to aid in enforcing these conditions. Any unlawful activity will be reported to the appropriate authority, including the police.
General
TRU may revise the Terms of Use without further notice to you.. Use of the Website after such revisions are posted will signify your agreement to the revised Terms of Use. You should visit this page periodically to ensure you have reviewed and are aware of any updated terms.