The municipality maintains this on line parking ticket payment service (“Service”) for anyone wishing to pay parking tickets issued on behalf of HALIFAX REGIONAL MUNICIPALITY. Please review the following terms carefully. If you do not agree to these terms, you should not use the Service.
1. ACCEPTANCE OF AGREEMENT
2. On-line Payment
Your receipt of an electronic form or other form of confirmation of payment does not signify the municipality’s receipt of acceptance of your payment. Your payment shall be deemed to constitute an offer to pay which will be accepted by the municipality only upon successful payment by VISA, Visa Debit, MasterCard, Debit MasterCard, AMEX, or Interac® Debit.
In the event of a delay in or failure of performance under this Agreement by the municipality which arises by reason of force majeure, including without restriction an act of God, an act of any government or any governmental body, an act of war or terrorism, the elements, a strike, a lockout or a labour dispute, or any cause beyond the reasonable control of the municipality, the municipality shall not be responsible, and the municipality shall use best efforts to mitigate the effect of such force majeure, but nothing in this clause shall require the municipality to settle a labour dispute in order to render performance.
You hereby waive and release the municipality from any and all claims for damages or compensation arising from such delay or failure of performance.
3. Editing, Deleting and Modification
The municipality reserves the right in its sole discretion to edit or delete any documents, information, forms or other content appearing on the Service.
You agree to defend, indemnify and hold harmless the municipality and its officials, employees, agents and representatives, from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Service, its content or materials, or the services, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the municipality retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding.
The municipality provides the Service on an "as is", "as available", basis. The municipality does not make any express or implied warranties, representations or endorsements with respect to the Service including, but not limited to, warranties as to merchantability and fitness for a particular purpose, operations, non-infringement, usefulness, completeness, accuracy and reliability. Further, the municipality does not represent and warrant that the Service will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties.
6. NO LIABILITY
The municipality is not responsible for and will not be liable to you or anyone else for any damages whatsoever, including any indirect, special, incidental or consequential damages, arising out of or in connection with your use, or inability to use, the Service, even if the municipality has been advised of the possibility of such damages.
7. Collection, Use and Disclosure of Personal Information
Part 20, 'Freedom of Information and Protection of Privacy' of the Municipal Government Act, S.N.S. 1998, c.18 (the "Act") applies to all information collected by HRM on the Site. The information will only be collected, used and disclosed in accordance with the Act.
8. No Harmful Use
You agree not to introduce into or through the Service any information or material which may be harmful to others. You warrant that information or material that you provide to the Service electronically through your access to or use of the Service does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not:
1. interfere with or disrupt the Service or computer networks connected thereto;
2. impersonate any other person or entity or make any misrepresentation;
3. upload, post, transmit, publish or distribute any material or information to the Service which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Service;
4. use the Service in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password protected or restricted areas of the Service or the municipality's computer or network systems;
5. violate any law or regulation or any generally accepted Internet practice or interfere with any other Service user's ability to use the Service and any of the services or products provided on the website;
6. forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Service;
7. transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable and that may invade another's right of privacy or publicity;
8. use the Service's communication features, if any, in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
9. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
10. delete or revise any material posted by any other person or entity; or
11. manipulate or otherwise display the Service by using framing or similar navigational technology.
9. Termination of Service Use
At the municipality’s sole discretion, the municipality may terminate or refuse to permit the use of any services on the website and of the Service by any person, for any reason and without notice.
10. Applicable Law
The Service and the Agreement will be governed by and construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable in the province, without regard to conflict of law principles. Any claims, disputes or legal proceedings arising out of or in connection with the Service or the Agreement shall be brought solely in the courts of the Province of Nova Scotia. By accessing or using the Service you expressly submit to the exclusive jurisdiction of those courts, without regard to the conflict of laws principles thereof, to determine any claim, action or proceeding arising out of or in connection with the Service and the Agreement. You and the municipality require that this Agreement and all documents relating thereto be drawn up in English.
The provisions of this section and sections 4, 6, 7, 8 and 12 of this Agreement shall survive the expiry or termination of this Agreement for any reason.
Except for any agreements with the municipality that expressly reference this Agreement, this is the entire agreement between the municipality and you regarding your use of the Service. The municipality’s failure to insist upon or enforce any provision of the Agreement shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of the Agreement is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.