Terms of Use

The City of Kawartha Lakes (“CKL”, or “City”) and Peterborough and the Kawarthas Economic Development (“PKED”) are committed to protecting your privacy when you’re using our website. We take appropriate measures to protect and ensure the privacy of any personal information you provide. As a municipality, we are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Most of the information on our website is accessible without any need for you to identify yourself. You may access it anonymously. When the option is presented for certain services or surveys, you may choose to provide personal information. The City is regulated in how it handles personal information under the Municipal Freedom of Information and Protection of Privacy Act as well as its own policies and procedures.

If you have concerns about using the website to conduct your business with us, please contact us for possible alternative methods such as in-person, by telephone or through mail.

We use industry standard encryption technology to protect your personal information when you’re using our website. All user information is maintained in a secure environment.

Why personal information is collected

The City collects and retains personal information for the following reasons:

• To process your requests for services, products or additional information;
• To communicate with you regarding services that you have requested; and
• To meet legal and regulatory requirements.

From time to time, the City may use the website to request information from you via surveys or other community engagement methods. Your participation in these engagement opportunities is completely voluntary. Any survey information will be used solely for the purposes of monitoring and/or improving the City’s services and products. If you choose not to participate, you will still be able to use our website.

Collection of non-identifying information

The City of Kawartha Lakes and Peterborough and the Kawarthas Economic Development collects non-identifying information from users of our website. This information includes the Internet Protocol address, type of browser, date and time of visit, and the different webpages you visit on our website. The information is used for statistical reporting purposes and to design and improve access to information and services available on our website. We do not combine the information with other information or services to determine your browsing habits on websites beyond those operated by the City, or to determine your identity.

Use and disclosure of personal information

The City of Kawartha Lakes and Peterborough and the Kawarthas Economic Development will not use or disclose your personal information without your consent except strictly in accordance with your rights as established by the Municipal Freedom of Information and Protection of Privacy Act.

Links to third-party sites

Clicking on a link to a third-party site will usually open a new browser window. We provide these links as a convenience for visitors to the website. The inclusion of a link does not imply endorsement by the City of Kawartha Lakes or Peterborough and the Kawarthas Economic Development, nor can we be held responsible in any way for the content found on any third-party website. The City’s privacy statement applies solely to information collected on this website.

General Terms

This Site (defined below) is offered by [Kawartha Choice FarmFresh] for use by individuals who are invited by City of Kawartha Lakes and Peterborough and the Kawarthas Economic Development (“PKED”) to use the Site. City of Kawartha Lakes (“CKL”) and Peterborough and the Kawarthas Economic Development (“PKED”), or (“we”), operates and CKL hosts the Site for the benefit of Kawartha Choice FarmFresh members and local food consumers. 

City of Kawartha Lakes and PKED welcome you to Kawartha Choice FarmFresh’s (KCFF) website and member discussion forum at the https://www.kawarthachoice.com (the “Site”). While all of the questions, surveys, forums, discussions, and other Content (defined below) on the Site is provided and controlled by the City of Kawartha Lakes or other individuals invited by the City of Kawartha Lakes to use the Site, CKL and PKED own and operate the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with KCFF members and other interested parties.

These Terms of Use (“TOU”) contain important terms and conditions that describe your rights and obligations and describe how you can use the Site. Please read these terms of use carefully. You are offered access and use of the Site only on the terms and conditions set forth in this TOU. By accessing and using the Site, and regardless of whether you register on the Site, you agree to the TOU.

Content

• When we use the term “Content,” we mean any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site. Content is provided by CKL and PKED staff, KCFF members and other users of the Site. Any Content that you provide or upload to the Site is “Your Content.” As between you and CKL/PKED, you own Your Content. CKL and PKED may have additional rights to use Your Content. CKL and PKED (a) makes no, and hereby disclaims all, representations or warranties about the Content, and (b) is not responsible for the substance, accuracy, completeness, appropriateness, or legality of Content.
• You have no expectation that your Content will be published on the Site. 
• You also acknowledge and agree that we and our designated agents have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in our sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, CKL and PKED have the right to review and approve Content before it is included on the Site.
• “Linked Content” is any content, materials, or website other than the Site that you may directly visit through a link found on the Site. The Site may contain links to Linked Content. CKL/PKED does not endorse or assume any responsibility for any such Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If you access Linked Content from the Site, you do so at your own risk, and you understand that these Terms of Use and the CKL/PKED Privacy Policy do not apply to your use of such Linked Content. You expressly release CKL and PKED from any and all liability arising from your use of any Linked Content, the Site, or Content.
• When you access and use this site, information submitted by you will belong to the data controller (City of Kawartha Lakes and Peterborough and the Kawarthas Economic Development). This information may include personal data (e.g. your name, contact details etc.). 

Membership

• You are required to apply for membership before accessing or contributing content to the Site, or before accessing certain features or functions on the Site. To register for an membership visible on the Site, you must be the older of: (a) 14 years and (b) the age required by law where you live to form a binding contract with CKL/PKED. When you register, you will: (i) submit only true, accurate, current and complete information about yourself and your business as prompted by the Site’s membership application procedure (the “Membership Data”); and (ii) maintain and regularly update the Membership Data to keep it true, accurate, current and complete.
• If you provide any information that is untrue, inaccurate, not current or incomplete, or CKL/PKED suspect that you have provided such information, your membership may be suspended or terminated.
• After you complete the membership application process at the Site, you will receive a user password and login name to access the Site. You: (i) are fully responsible for maintaining the confidentiality of your password and login; (ii) are fully responsible for all activities that occur under your password or login; (iii) must immediately notify CKL/PKED if you are aware or suspect any unauthorized use of your password or login or any other breach of security; and (iv) must create no more than one login at the Site.
• CKL/PKED may communicate with you by telephone, sending messages, newsletters, and other information.

Termination

• CKL/PKED may with or without notice to you, for any reason, terminate your password, login, membership or use of the Site (or any part), and remove and delete any Content within the Site, including Your Content, for any reason. For example, if you repeatedly post content that violates the site moderation rules your account may be suspended or terminated.
• You agree that CKL/PKED may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.

Privacy Policy

Use of the Site by you, including our collection of Membership Data and other personal information about you, is subject to our Privacy Policy, which governs how CKL and PKED use your personal information. For more information, please see our full privacy policy here.

User Conduct

You understand and agree that:

• you are solely liable and responsible for Your Content;

• you shall not:
  • post Content that: (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy;
  • transmit Content that is or includes unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” surveys, contests or any other form of unauthorized solicitation;
  • transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • transmit Content that harms minors in any way;
  • impersonate any person or entity, including without limitation a CKL/PKED representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • create a false identity for the purpose of misleading others as to your identity or the originator of a message;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content.
• Your Content will be seen by CKL/PKED and may be made publicly available on the Site or elsewhere. Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws. 
• You agree to and shall comply with our moderation rules for the Site.
• The Site gives you the opportunity to engage and communicate with third-parties, including staff of CKL/PKED. You acknowledge and agree that your communications with CKL/PKED and any third-parties via the Site are solely between you and CKL/PKED and the relevant third parties.

Modifications and Discontinuance

Both CKL and PKED reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.

Issues

If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact CKL/PKED at info@kawarthachoice.com. 

Disclaimers

CKL/PKED offers the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. CKL makes no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, CKL expressly disclaims all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Indemnity and Release

You shall indemnify and hold CKL/PKED, and its subsidiaries, affiliates, officers, councillors, agents, and other partners, and employees harmless from, and at CKL’s/PKED’s request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) your interactions or relationship with CKL/PKED; and (c) your violation of any other’s rights or applicable law.

Copyright

• When using the Site you may provide Content to the Site. You retain your rights to your Content.

Changes

CKL/PKED may change the TOU from time to time without prior notice to you, and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site.

General Information

• The TOU and CKL’s/PKED’s Privacy Policy constitute the entire agreement between you and CKL/PKED, and governs your use of the Site, superseding any prior agreements between you and CKL/PKED.
• Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
• If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then such provision is deemed deleted, but the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
• Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion.
• Headings in the TOU are for convenience only and do not affect interpretation.