This website (https://www.sd5.bc.ca) and the related staff portal (“Portal”) (collectively the “Site”)  is owned and operated by the Board of Education of School District No. 5 (Southeast Kootenay) (“District”, “us”, “we” or “our”).  Individuals who access and use the Site (“Users” and each a “User”) acknowledge and agree that all such access to and use of the Site is governed by these terms of use (“Terms”).  

CHANGES TO THESE TERMS

1. The District reserves the right to amend or replace these Terms from time to time without notice, and such changes shall be effective when posted on the Site.  If any User does not wish to accept any such changes, they must refrain from using the Site.  Continued use of the Site by any User will be deemed to constitute proof of their acceptance of any posted amendments to the Terms.

INTELLECTUAL PROPERTY

2. This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (the “Content”) are protected by copyright and other proprietary rights.  The District owns or has the right to display that Content. Users do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.

3. Except as otherwise set out in these Terms, Users may display or print information from the Site for personal, non-commercial use, but they may not otherwise copy, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written consent and approval.

4. Some of the words, phrases, names, designs, logos used on this Site may constitute trade marks, service marks or trade names of the District or third parties.  This display of such names or marks does not imply that the District or any third party has granted a license or any permission to Users of the Site to use such marks and names.  

5. All information submitted to the District using the Site, including ideas, concepts, comments, opinions, know-how or other techniques or information, shall be deemed and remain the property of the District, and the District shall be free to use it for any purpose without providing attribution or compensation to Users.  The District shall not be subject to any obligations of confidentiality regarding such information once submitted to it.

CHANGES TO THE SITE 

6. The District may change, suspend or discontinue any aspect of the Site, including the Portal, at any time without notice. Without limiting the generality of the foregoing, District may change the availability of any features, add, remove, modify, or otherwise change any contents on the Site or Portal, impose limits on certain features or restrict access to parts or all of the Site or Portal. The District reserves the right, but not the duty, to correct any errors or omissions in any portion of the Site or Portal at any time without notice.

CONTENT IS NOT ADVICE

7. Users are responsible for their use of the Site and its Content.  The Content is provided solely for information or educational purposes.  It does not constitute advice and is not a substitute for professional advice, whether educational, medical, legal or otherwise.

8. The District does not guarantee the quality, accuracy or completeness of the information on this Site.  While efforts are made to verify the information on this Site, Users should not assume the Content is error free.  Some information on this Site may have been created or provided by third parties and has not necessarily been verified as accurate, complete or error free.

9. We operate from British Columbia, Canada, and make no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Those who access the Site or the Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECURITY AND VIRUSES

10. While we make reasonable efforts to ensure that User information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information Users transmit to us, and each User does so at their own risk and their use of our Site demonstrates their assumption of this risk.

11. It is the User’s responsibility to install and maintain appropriate anti-virus and other protective software on the devices from which they access and use the Site and maintain current back-up copies of their data. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that Users may download from the Site.

PRIVACY

12. We respect User personal privacy.  Users may use the Site without providing any personal information other than such personal information as they may specifically and knowingly provide. Except as permitted or required by law, we will not collect, use, or disclose that information without User consent, and we will not use or disclose that information for any other purposes without User consent.

13. The District is subject to the British Columbia Freedom of Information and Protection of Privacy Act.  To view our website privacy policy, please click here

14. We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, the Internet Protocol (IP) addresses of computers accessing the Site, and similar information. This information is only used for internal purposes and is aggregated for reporting purposes. None of this data is used by the District to identify individual Users.

15. We may use automated devices and applications such as Google Analytics, to evaluate usage of our Site and our apps.  We also may use other analytic means to evaluate our services.  We use these tools to help us improve our services, performance and user experiences.  These entities may use cookies and other tracking technologies to perform their services.  Users may opt-out of Google Analytics by downloading and installing the Google Analytics Opt-out Add-on for their web browser. For more information see:  www.google.com/policies/privacy/partners/. 

THIRD PARTY SITES

16. Any third-party websites that are linked to from our Site are not under our control, and Users that access them do so at their own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for User’s convenience only; they are not an endorsement or referral by us.

PROHIBITED ACTIVITIES

17. Users may not use the Site for any purpose that is unlawful or prohibited by these Terms. In addition to, and without limiting, any other prohibitions set out in these Terms, Users may not do any of the following when accessing or using the Site:  (a) use the Site in any manner that could damage, disable, overburden, or impair the Site or the District’s systems or interfere with any other party's use and enjoyment of the Site; (b) engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion); (c) impersonate others, including a District employee or representative, or other members or visitors to the Site; (d) upload, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offence, violate the rights of any party or that may otherwise give rise to liability or violate any law; (d) collect Users’ or our content or information or otherwise access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; (f) upload any commercial content or solicit others to join or become members of any other online service or other organization.

LIMITATION OF LIABILITY AND WAIVER

18. In no circumstances will District, its officers or employees be responsible or liable to Users for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive, or consequential damages, arising from or in connection with: (a) any access to or any use made of the Site by a User or under a User’s username and password; (b) the User’s use of, access to or reliance on, or inability to use or access, the Site, any contents of its or their contents, any information provided through the Site, any website linked to the Site, or any contents thereof, any website linking to the Site, or any contents thereof, or (d) the unavailability or interruption of any delivery, hosting and ancillary services or facilities of third party suppliers utilized by District.  As a condition of using the Site, the User waives all such claims against District, its officers and employees. 

19. Any use of or reliance on the Site, the contents of the Site or the information provided through the Site shall be at User’s sole risk. District makes no representation or warranty of any kind regarding the Site, the contents of the Site or the information provided through the Site, all of which are provided on an "AS IS" and "AS AVAILABLE" basis. District expressly disclaims all representations, warranties, conditions, and endorsements as to the operation of the Site, the contents of the Site or the information provided through the Site. Without limiting the generality of the foregoing, District makes no warranty as to the accuracy, quality, or completeness of the contents of the Site or information provided through the Site, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. District does not warrant that the Site or the delivery, hosting and ancillary services or facilities of third-party suppliers utilized by District will continue to operate, will operate without interruptions or will be error-free.

UNINTENDED COMMUNICATIONS

20. District takes the privacy of confidential and personal information seriously. Despite precautions taken to protect this information, mistakes can occur. If any User receives or accesses a communication through the Site that they believe was not intended for them or does not relate to their role or duties, they must immediately notify the District’s Privacy Officer by email at shoffman@bcsta.org.

CHOICE OF LAW JURISDICTION

21. The laws of the Province of British Columbia and the laws of Canada applicable therein govern the interpretation, validity and effect of these Terms, notwithstanding any conflict of laws provisions of a user’s country of residence or location.  By accessing and using this Site, User consents and submit to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada in any action or proceeding instituted under or related to User’s use of this Site. 

GENERAL

22. If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining terms or provisions. No delay or failure to act by the District will impair any of the District’s rights or remedies that are not expressly waived in writing. the District will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.

Contact Information

For any further information, please contact us at: Privacy Policy.