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Source: https://www.toronto.ca/services-payments/water-environment/water-sewer-related-permits-and-bylaws/water-supply-by-law/backflow-prevention-program/backflow-prevention-device-test-report/

Backflow Prevention Device Test Report – Terms and Conditions of Use

User Agreement

Electronic Submission of Backflow Prevention Device Test Report

Outlined below is important information regarding the terms and conditions of accessing and using online services offered through the domain https://www.toronto.ca and the Toronto Water and Toronto Water Backflow Prevention Program webpages/subdomains and the electronic Backflow Prevention Device Test Report form (collectively, the “Site”). Please read the following carefully. This User Agreement describes the terms and conditions applicable to your use of our services available under the Site. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use this Site. The City of Toronto ("City") may amend this User Agreement at any time by posting the amended terms on this Site. This Site is owned and operated by the City. The City reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use, and you agree to be bound by such modifications, alterations or updates and you are encouraged to check the site periodically for any updates. By using this site, you signify acceptance of these terms and conditions of use. If you do not agree with any of the terms and conditions of use, please do not use this site.

General Terms and Conditions of Use

1. Interpretation

For the purposes of this User Agreement and the Site, "Facility" means the subject property requiring a backflow prevention device or devices under § 851-8 D of Chapter 851 of the City of Toronto Municipal Code ("Chapter 851") and "Customer" means owner of the subject Facility. The "User" means the person using this Site and to whom the access credentials apply. These terms and conditions of use constitute the entire agreement between you and the City related to this Site.

2. Limited Grant of Access

Access to this Site is permitted solely for the purpose of submitting the Backflow Prevention Device Test Report for the Facility on behalf of a Customer and for no other purpose.

3. Your Site Credentials

The City is entitled to rely on the Information received under your access credentials. You are responsible for keeping your user credentials private and confidential.

4. Electronic Communications

When you access this Site, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail confirming receipt of your submission.

5. Accuracy of Submitted Information

The following information has been pre-populated on this Site from the City's records and based on information provided by the User: Certified Tester Information, Tester Certification, Plumbing Contractor Licence Number and Test Kit Used. It is the User's responsibility to ensure and confirm that this information is accurate before submitting the Backflow Prevention Device Test Report for the Facility. Please review the information and contact us at backflow@toronto.ca if any changes are required before the Backflow Prevention Device Test Report is submitted. The User represents and warrants to the City that:
(a) All information provided by the User on the Site, including, without limitation, the type of test, device tested, test results, Facility, Toronto Water account number and Customer name is accurate and complete (collectively, the "Information"); and
(b) The User is in compliance with § 851-8D(20) and § 851-8 F of Chapter 851./ The User acknowledges that, under § 851-18 of Chapter 851, it is an offence to furnish any false or misleading information to the City and its personnel in any information provided or submitted on or with any application, including the Backflow Prevention Device Test Report.

6. City's Proprietary Rights

(a) All materials on this Site, including, without limitation, text, data, information, images, illustrations, and communications are protected by intellectual property rights owned and controlled either by the City, or by third parties who have licensed their material to the City (collectively "Material"). The Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, distributed, altered or modified in any way without the prior written consent of the City or except as specifically permitted on this Site. (b) The trade marks, official marks and service marks that you see on this Site are registered and unregistered marks of the City, or third parties who have licensed the use of such marks to the City. Nothing in this Site grants any licence or right to use any marks displayed on this Site without the written permission of the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited. (c) All Information that you submit to the City will become a record of the City and subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 ("MFIPPA"). (d) By using this Site, you agree that you will (i) not interfere with, damage, corrupt, alter or disrupt the Site, application or computer networks connected thereto or data thereon.

7. Disclaimer/Limited Liability/Indemnity

For the purposes of this section, the "City" includes its mayor, councilors, officers, directors, employees, agents and contractors. By accessing and using this Site, you agree that this Site and its contents are provided on an “as is” and "as available" basis and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the City disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to this Site. The City does not warrant the functions, Material or links contained on this Site or that its contents will meet your requirements, that this Site or its contents are fit for any particular purpose or that the operations of the City network or its contents will be uninterrupted or error-free, or that this Site or the server that makes them available are free of viruses, worms or other harmful components. The User agrees, by using this Site and submitting the Backflow Prevention Device Test Report, that the City shall not be liable for any loss or damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of the use, application of, any decision made or action taken in reliance upon or inability to use this Site or any content or Material contained in this Site, caused in whole or part by the City’s negligence or otherwise. If you are dissatisfied with the Site or any Material on the Site, or with any of the terms and conditions of use, your sole and exclusive remedy is to discontinue using this Site. You agree to indemnify and hold the City harmless from any claim, demand or liability, including reasonable lawyers' fees, made by any third party due to or arising out of your breach of this Agreement or the Information submitted by you, or your violation of any law or the rights of a third party.

8. Compliance with Laws

You agree that your use of the Site shall not violate any applicable law. You agree not to impersonate another person in your use of this Site.

9. Governing Law

This User Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. You agree to bring any claims against the City exclusively in the courts of Ontario. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

10. No Agency

You and the City are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11. Privacy/Collection of Information

The City's use your Information shall be in accordance with the City's Privacy Statement. Our current Privacy Statement is available at https://www.toronto.ca/city-government/accountability-operations-customer-service/access-city-information-or-records/protecting-your-privacy/online-privacy-statement/. If you object to your Information being transferred or used in this way please do not use our Site. The Information collected in the Backflow Prevention Device Test Report is collected for the purpose of § 851-8 D and § 851-8 F of Chapter 851.

12. Termination

The City may terminate your right to use this Site immediately, without notice to you if, in the sole discretion of the City, you fail to comply with any of these terms and conditions of use or engage in any dishonest or fraudulent activity.

13. Changes to These Terms and Conditions of Use

The City reserves the right to change the above Terms and Conditions of Use without notice. Any changes will be posted on this Site. If the User has any questions regarding the use of this Site, the User may call 416-394-8888. I have read and agree to the terms and conditions above and to the City's terms of use and Privacy Statement. Please confirm you have read and agree to the City's terms of use and Privacy Statement. I have read and agree to the terms and conditions above and to the City's terms of use and Privacy Statement. Unable to Proceed. Users must agree to the terms and conditions in order to access the Backflow Prevention Device Test Report. For more information or to request support: * Phone: 416-394-8888 * Email: backflow@toronto.ca