INTRODUCTION

The Municipality of the District of East Hants (“East Hants”) provides parks and recreation programs and services (“Services”) such as, but not limited to, day camps and swimming lessons, through use of a recreation management platform (“Platform”) supplied by PerfectMind Inc..  East Hants allows users to set up a customer profile (“Account”) for the sole purpose of registering for and accessing the Services East Hants provides.  By creating an Account, the user (“Account-Holder”) agrees to the following Term and Conditions:

PAYMENT OF FEES FOR SERVICES

The Account-Holder is responsible to pay for all Services which are accessed through their Account.  East Hants reserves the right to suspend Services to any Account-Holder, or to any Account associated with the Account-Holder, where there are payments that are overdue.   Accounts may be re-established only after full payment of amounts that are owing or when East Hants, in their sole discretion, is satisfied the Account has been satisfactorily cleared.  

PROHIBITED CONDUCT

Account-Holder will not, under any circumstances:

• make the Platform available to anyone, or permit anyone to access the Platform, other than Account-holders;
• license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease or time-share the rights granted to Account-Holder, or copy or otherwise commercially exploit the Platform or its components in any way except in accordance with the rights granted hereunder;
• use the Platform in any manner or for any purpose (i) that violates these Terms and Conditions, (ii) that contravenes, facilitates the violation of, or violates any applicable laws; (iii) that extracts, gathers, collects, or stores personal information about individuals except in compliance with all applicable personal information privacy laws or that involves data mining, robots or similar data gathering or extraction methods on individual’s personal information without their express consent, or (iv) that interferes with or disrupts the integrity or performance of the Platform, PerfectMind’s systems or networks or third-party data of Content contained therein;
• attempt to gain unauthorized access to the Platform or its related systems or networks;
• post, upload, reproduce, distribute or otherwise transmit on the Platform (i) pyramid schemes, (ii) any material that contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, (iii) defamatory, infringing, indecent or unlawful software, materials or information, or (iv) inappropriate, profane, or obscene software, materials or information;
• alter, modify, reverse engineer, decompile, or disassemble, translate, extract data structures from or otherwise attempt to extract the source code from the Platform or any part thereof;
• create derivative works based on the Platform or works containing a substantial part of the Platform;
• copy, frame or mirror any part or content of the Platform;
• disable or circumvent any access control or related process or procedure established with respect to the Platform;
• remove any copyright or other proprietary or intellectual property rights notices or labels on or in the Platform or any part, copy or report generated therefrom or thereof;
• use the Platform to scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
• access the Platform in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Platform;
• forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any Content transmitted using the Platform;
• impersonate or falsely represent an association with any person, including an East Hants or PerfectMind representative; or
• permit any of the foregoing to be done by any person, including  Account-Holders’ family members, friends, employees, contractors, agents, or representatives, or anyone who may have access to the devices through which the Account-Holder accesses their Account.

INDEMNIFICATION

The Account-Holder shall defend, indemnify and save harmless the Municipality of the District of East Hants, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property  including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Account-Holder or anyone for whom they are legally responsible, in connection with or in any way related to the delivery of Services or use of the Platform. 

TERMINATION FOR CAUSE

Any breach of the Account-Holder’s payment obligations or unauthorized use of the Platform or Services will be deemed a material breach of these Terms and Conditions. East Hants, in its sole discretion, may terminate the Account-Holder’s password, Account, or access to Services if the Account-Holder breaches or otherwise fails to comply with these Terms and Conditions. The Account-Holder agrees and acknowledges that neither PerfectMind nor East Hants have any obligation to retain Account-Holder data, and East Hants may delete such data if the Account-Holder has materially breached these Terms and Conditions, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of the breach.

CANCELLATION POLICY

East Hants reserves the right to cancel the Account at any time.  Account-Holders may cancel their Account at any time with 30 days’ notice.  If the Account-Holder has paid for Services which have not yet been delivered, East Hants will only be responsible to refund amount equal to the cost of Services less the value of Services already delivered.  Such amount may be determined by the unit rates for Services which have not been provided multiplied by the number of units left to provide, or as a proportion of the Services remaining to be delivered.

TRANSFER OF RIGHTS

By providing the Account-Holder with an Account, East Hants does not transfer any rights to the Account-Holder, nor does it vest the Account-Holder with any degree of ownership of or interest in the Platform, the content, or the Services to which the Account-Holder may subscribe, or the intellectual property associated with same.

LIMITATION OF LIABILITY

In no event shall any party's aggregate liability exceed the actual amounts paid by the Account-Holder for Services in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall any party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with, the Platform, content, or Services, including but not limited to the use or inability to use the Platform or Services, or for any content obtained from or through the Platform, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought have been previously advised of the possibility of such damages.

MODIFICATION TO TERMS

East Hants reserves the right to make changes to these Terms and Conditions or to any applicable policies relating to their Services at any time and shall notify the Account-Holder by posting an updated version of these Terms and Conditions. The Account-Holder is responsible to regularly review these Terms and Conditions. Continued use of the platform or East Hants’ services after any such changes shall constitute the Account-Holder’s consent to such changes.

EMAIL POLICY

East Hants may disclose email address or other information of the Account-Holder:

• As required by law, such as to comply with a subpoena, or similar legal process.
• When East Hants believes in good faith that disclosure is necessary to protect their rights, protect the Account-Holder’s safety or the safety of others, to investigate fraud, or to respond to a government request.
• To any other third party, with the Account-Holder’s prior consent to do so.

Account-Holders may have to take measures such as adding East Hants’ email address to their address book in order to be able to access links or images contained in an email communication.

Account-Holders may unsubscribe from email lists, however this does not prevent East Hants from using the Account-Holder’s contact information in the collection of overdue payments or in the case of an emergency related to Services the Account-Holder may still be receiving.