Terms of Use

Terms of Use

If you use the City of Richmond’s MyRichmond App (https://myrichmond.richmond.ca and MyRichmond Mobile App) (the “App”) you agree to the following Terms of Use. If you do not agree with these Terms of Use, you must uninstall or leave this App immediately.

You may use this App if you agree to the following terms

We grant you a limited license to display on your computer, print, download and use all content on this App only if you agree to the following Terms of Use.

Table of contents for the legal Terms of Use

  • The legal Terms of Use
  • Disclaimer
  • Limited license and restrictions on use
  • Links to external sites
  • Email and Notification
  • Linking to this App
  • User-generated content and license grant
  • Personal account information
  • Data, information, and content
  • Biometric Terms of use
  • Trademarks
  • International use
  • Third-party content
  • Timeliness of content
  • Termination
  • Disclaimers
  • Liability and indemnity
  • Integration and severability
  • Applicable law and venue

The legal Terms of Use

Carefully read the following Terms and Conditions of Use (“Terms of Use”) before using this App.

By using this App, you agree to follow and be bound by these Terms of Use, which govern your use of the App. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and the City of Richmond (“the City“) with regard to matters other than your use of the App. The City may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. If the City does make modifications, visitors will be notified on the App. However, we suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this App.

This App is owned and operated by the City of Richmond, and the City may modify, suspend, discontinue, or restrict the use and availability of any portion of this App at any time, without notice or liability to you. Your use of this App may be monitored by the City and used for internal City purposes (subject to our Privacy policy) without liability to you, as provided for by law.

Disclaimer

The material posted on the App is not an official statement of City policy, practice, services or procedure, and should not be construed as such. It is intended only to provide immediate and convenient access to information and so while efforts are made to provide accuracy and currency, the City cannot and does not guarantee that the information posted is always accurate or current. The City does not warrant or make any representations as to the quality, content, accuracy or completeness of the information, text, maps, graphics, links and other items contained on its web pages.

The City makes no warranties, express or implied, as to the fitness of the information for any purpose or to results obtained by individuals using the information, and is not responsible for any action taken in reliance on the information obtained by you or used by you from the App.

Limited license and restrictions on use

Except where and then only to the extent expressly permitted, the City grants you a limited, revocable, nonexclusive, non-transferable license to view, store, bookmark, download, and screen capture the pages within this App solely for your personal, informational, educational, and non-commercial use, or as separately expressly authorized by the City in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this App. The City reserves all rights not expressly granted in these Terms of Use.

Except as otherwise stated in these Terms of Use or as expressly authorized by the City in writing, you may not (or enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this App, whether through links or otherwise (collectively, “Materials“);
  • Redeliver any page, text, image, or Materials on this App using “framing” or other technology;
  • Engage in any conduct that could damage, disable, or overburden (i) this App, (ii) any Materials or services provided through this App, or (iii) any systems, networks, servers, or accounts related to this App, including without limitation, using devices or software that provide repeated automated access to this App, other than those made generally available by the City;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this App or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this App through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this App;
  • Modify, copy, obscure, remove, or display the City’s name, logo, trademarks, text, notices, or images without City of Richmond’s express written permission.
  • Include the term “City of Richmond,” or any City of Richmond trademark or name of the Mayor, any City Councillor or Park Board commissioner, or staff member, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by City of Richmond.

Links to external sites

Links to external websites posted on the City’s website contain information created, published, maintained, or otherwise posted by institutions or organizations independent of the City. The City does not endorse, approve, certify, or control external websites and does not guarantee the accuracy, completeness, efficiency, timeliness or correctness of the information located at the sites. Reference to any specific commercial product, process or service by trade name, trademark, service mark, and manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by the City.

Email and Notification

Communications made through this App’s email and push notification system is for convenience only and shall not be deemed to constitute legal notice to the City or any of its affiliates or their respective councilors, commissioners, officials, officers, agents, agencies, employees or representatives with respect to any existing or potential claim or cause of action or for any other purpose.

Linking to this App

You may not link to this App unless you comply with these linking conditions (“Linking Conditions“). The City now grants you a limited, revocable, nonexclusive right to create a hyperlink to this App (“Link“), provided you comply at all times with the following conditions:

  • The Link must resolve to a valid City page at this App or to a page to which the City links as an extension of a task on a page, such as a third-party site that provides a service to the City, such as displaying maps, aggregating social media content, or displaying schedules.
  • The text of the Link must read either “City of Richmond,” “Richmond,” “Richmond, BC,” “City of Richmond, Canada” or “ca.” You may not use any City of Richmond logo or graphic, or any other City of Richmond trademark, as part of the Link without the City’s express written permission; and
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and the City, including suggestions of affiliation, endorsement, or sponsorship; (b) portray the City or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the App.

If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this App that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this App.

User-generated content and license grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, email, transmit, or otherwise make available via the App (“Content“). By submitting, uploading, posting, emailing, or transmitting (“post”) content to the App, you represent and warrant that either you own all right, title, and interest in and to the Content or have express permission from the owner to copy and use such content for all purposes related to the App. The City does not control and is not responsible for the content uploaded via the App, and the City neither guarantees the accuracy, quality, or appropriateness of nor endorses any Content submitted to the App.

You agree not to use the App to:

  • Post any content that is unlawful, harmful, threatening (particularly to vulnerable populations), abusive, menacing, harassing, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libellous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable to the local community as determined by the City in its sole discretion;
  • Post any content that personally attacks or is derogatory toward the City as an entity, City employees, any City products or services, or any City Materials;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App;
  • Post any Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • Post any Content that infringes, violates, or misappropriates any patent, official mark, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • Except where reasonably required for the purposes of that section of the App, post any “personal information” (as such term is defined under the Freedom of Information and Protection of Privacy Act in British Columbia) or specific account details about yourself or any person or entity;
  • Post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Post any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

You grant the City and its affiliates, and their respective councillors, commissioners, officials, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sub-licensable, and transferable right and licence to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the Content, for any purpose in City of Richmond’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. The City will exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of the City that incorporate or otherwise make use of any Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

The Content that you post on the App will be subject to the Privacy Policy, as set out by the City. The City will not be liable in any way for any Content or for the use or disclosure of any Content. You acknowledge that the City and/or its agents may or may not (but are not obligated to) monitor Content, but that the City will have the right in its sole discretion to monitor, post, move, refuse, or remove any Content, in whole or in part, for any reason whatsoever, without notice and without liability.

If you have any questions or comments about your Content or other customer service issues, you can contact the City through the online feedback form or by calling (604) 276-4000.

Personal account information

Certain parts of this App or third-party sites that provide a service to the City may be protected by passwords or require a login. Further, for authentication purposes, certain features on this App may require you to answer a designated security question. You agree to provide the City with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this App to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act. You agree not to obtain or attempt to obtain unauthorized access to such parts of, or features on, this App, or to any other protected Materials or information, through any means not intentionally made available to you by the City.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this App, and for logging off of your account and any protected areas of the App. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact the City. The City will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Services provided to you through this App may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal financial information or promotional and informational materials, and you consent to such transmission and assume all risks associated with this method of transmission.

Biometric Terms of Use

By accepting the Biometric Terms of Use or by using Touch ID, Face ID or other forms of Biometrics (“Biometrics”), you are taken to have read and agreed to these Biometric Terms of Use, between you and City of Richmond (“MyRichmond”, “we” or “us”), including any amendments to these terms. You acknowledge that once this mobile device (“Device”) is enabled with Biometrics for the MyRichmond app, any Biometric data stored on the Device can be used to access your MyRichmond accounts and information available through the MyRichmond apps and any apps offered by us which you access using your MyRichmond app login credentials (“MyRichmond App”) .

By accepting these Biometric Terms of Use, you acknowledge and agree that:

  1. You are responsible for the care and control of your Device and you must take reasonable steps to safeguard and protect your Device from access by any individuals other than yourself.
  2. You agree that you will not enable Biometrics on your Device for MyRichmond App if:
    • (a) there is any Biometric data, other than your own, stored on your Device;
    • (b) if you share your Device with any other individuals; or
    • (c) If you have shared your current Device passcode with any other individuals.
  3. After you have enabled Biometrics, you will not permit any Biometric data, other than your own, to unlock your Device, and you will not share your Device passcode, while Biometrics is enabled.
  4. You agree to delete the MyRichmond App and any login credentials (Username and Password) and Biometric data stored on your Device, prior to sharing, transferring or disposing of your Device.
  5. You agree to notify City of Richmond at once if you suspect your Device is lost or stolen.
  6. You accept responsibility for all transactions carried out through the MyRichmond App on your Device while Biometrics is enabled, regardless of whether the transaction was completed by you or any person with Biometric data saved to your Device.

You agree that in no event will the City of Richmond be liable for any damages arising out of or related to your use of, or inability to use, Biometrics. We reserves the right to disable Biometrics for the MyRichmond App at any time without notice.

To understand how City of Richmond uses Device related information and other information arising from your use of the MyRichmond App, please review MyRichmond Apps Privacy Code. These Biometric Terms of Use are in addition to and do not in any way amend or replace other agreements that apply to your use of the MyRichmond App or to City of Richmond products or services, unless we have specifically advised you in these terms.

Data, information, and content

Except where expressly and then only to the extent otherwise stated, the materials on this App are for information, education, and non-commercial purposes only. Although the City may provide data, information, and content relating to the operations of the City, you should not construe any such information or other content available through this

App as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this App before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold the City or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this App. By providing access to other websites, neither the City nor any of its affiliates is recommending the purchase or sale of the stock issued by any company, nor are they endorsing services provided by any website’s sponsoring organization.

Trademarks

All official marks, trademarks, service marks, and logos appearing on this App are the exclusive property of their respective owners.

All City graphics, logos, page headers, and service names are official marks, emblems, or trademarks of the City. The City’s official marks, emblems and trademarks may not be used in connection with any product or service that is not the City’s, in any manner that is likely to cause confusion among members of the public, or in any manner that disparages or discredits the City. Nothing contained on this App should be construed as granting any licence or right in or to any of the City’s official marks, emblems or trademarks.

International use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of any jurisdiction to which you are subject and from which you access this App, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy.

In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from Canada.

Third-party content

Data and other materials appearing on this App that are provided by third parties are believed by the City to be obtained from reliable sources, but the City cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use.

The City is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other content on or available from any website owned or operated by a third party that is linked to this App via hyperlink. The fact that the City has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by the City with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that the City is not liable for any loss or damage that you may suffer by using third-party websites or their content.

Timeliness of content

All content on this App is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Termination

The rights granted to you here terminate immediately on any violation by you of these

Terms of Use. The City, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this App at any time and for any reason whatsoever, without notice or liability. The City will not be liable to you or any third party for any termination of your access to or use of this App.

Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”

BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CITY OF

RICHMOND AND ITS AFFILIATES, AND THEIR RESPECTIVE COUNCILLORS,

COMMISSIONERS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS,

AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS

(COLLECTIVELY, THE “CITY GROUP”) EXPRESSLY DISCLAIM ALL WARRANTIES,

WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND

FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING

SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY,

COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED

AVAILABILITY, WITH RESPECT TO (I) THE APP; (II) ANY MATERIALS, PRODUCTS,

OR SERVICES AVAILABLE ON OR THROUGH THE APP; (III) USE OF THE APP,

MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF

THE APP, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, THE CITY GROUP EXPRESSLY DISCLAIM ALL WARRANTIES WITH

RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY

OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS

APP.

EXCEPT AS PROVIDED BY LAW, THE CITY GROUP HAS NO RESPONSIBILITY TO

MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE APP

OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

Liability and indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS

APP ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR

ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS

OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

UNDER NO CIRCUMSTANCES WILL THE CITY GROUP BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR

EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS

OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER

INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED

ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE

COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE

USE OF OR INABILITY TO USE THE APP, MATERIALS OR ANY PRODUCTS OR

SERVICES PROVIDED ON THIS APP, OR ANY OTHER MATTER RELATING TO

THIS APP, EVEN IF THE CITY GROUP HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES.

YOU AGREE TO INDEMNIFY THE CITY GROUP FROM AND AGAINST ALL LOSSES

ARISING OUT OF OR RELATED TO YOUR IMPROPER ACCESS TO OR USE OF

THIS APP, OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Integration and severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and the City of Richmond relating to this App.

Applicable law and venue

The laws of British Columbia, Canada, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and the City.

If you take legal action relating to these Terms of Use, you irrevocably agree to only take such action within British Columbia and only to a court of competent jurisdiction within British Columbia and in no other jurisdiction or venue, and you now irrevocably consent and submit to the jurisdiction of the courts of British Columbia for this purpose.