Last updated: 6 January 2026
1. Definitions
For the purposes of these Terms of Service (the “Terms”):
- “HamiltonBC”, “we”, “us”, or “our” means the operator of the website identified below.
- “Site” means the website located at https://www.hamiltonbc.com and all related pages, content, features, and services offered through it.
- “Services” means any features, content, tools, applications, or other services provided on or through the Site.
- “User”, “you”, or “your” means any person who accesses or uses the Site or Services, whether or not registered.
- “Content” means any text, images, graphics, audio, video, data, code, software, trademarks, logos, or other materials appearing on or made available through the Site, including User-generated content.
2. Acceptance of the Terms
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Site or Services. You also agree to comply with all applicable laws and regulations in connection with your use.
3. Eligibility
You must be at least 13 years old to use the Site. If you are under the age of majority in your jurisdiction, you may use the Site only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You represent and warrant that you have the legal capacity to enter into these Terms.
4. Permitted Use of the Site
You may use the Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:
- Use the Site in any manner that violates any applicable law, regulation, or third-party right.
- Interfere with or disrupt the integrity or performance of the Site, including through viruses, malware, denial-of-service attacks, automated scraping (except for public search engine indexing consistent with robots.txt), or other harmful code.
- Attempt to gain unauthorized access to the Site or related systems or networks.
- Use or copy any Content without permission, except as expressly allowed by these Terms or applicable law.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Collect information about other users without their consent or in breach of applicable privacy laws.
5. Accounts and Security
Where account creation is offered, you must provide accurate and complete information and keep your credentials confidential. You are responsible for all activities that occur under your account. Notify us promptly via the contact method available on the Site if you suspect unauthorized access or any security breach. We reserve the right to refuse registration, suspend, or terminate accounts at our discretion.
6. Intellectual Property
The Site and all Content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and the selection and arrangement thereof, are owned by HamiltonBC or its licensors and are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved.
HamiltonBC names, logos, product and service names, designs, and slogans are trademarks of HamiltonBC or its licensors. You may not use such marks without prior written permission.
7. User Content and License
If the Site allows you to submit, post, upload, or otherwise make available content (“User Content”), you retain ownership of your User Content. By providing User Content, you grant HamiltonBC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and promoting the Site and Services.
You represent and warrant that you have all rights necessary to grant the above license and that your User Content does not infringe or violate any third-party rights or applicable laws. We may, but are not obligated to, monitor, remove, or edit User Content at our discretion.
8. Third-Party Links and Services
The Site may contain links to third-party websites or services. HamiltonBC does not control and is not responsible for third-party content, policies, or practices. Accessing third-party sites is at your own risk, and you should review their terms and privacy policies.
9. Responsibilities and Disclaimers
HamiltonBC will use reasonable efforts to maintain the availability and accuracy of the Site but does not guarantee continuous, uninterrupted, or error-free operation. The Site and all Content are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, HamiltonBC disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. HamiltonBC does not warrant that the Site will meet your requirements, be compatible with your devices, or be free from harmful components.
10. Limitation of Liability
To the maximum extent permitted by law, HamiltonBC and its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Site or Services, even if advised of the possibility of such damages.
To the extent liability cannot be excluded under applicable law, HamiltonBC’s aggregate liability to you for all claims arising out of or relating to the Site, Services, Content, or these Terms will not exceed the greater of: (a) the total amount you paid to HamiltonBC, if any, for the Services in the twelve months preceding the event giving rise to the liability; or (b) 100 Canadian dollars.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
11. Indemnification
You agree to defend, indemnify, and hold harmless HamiltonBC and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including your User Content.
12. Personal Data and Privacy
HamiltonBC handles personal information in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (Canada) and the Personal Information Protection Act (British Columbia), to the extent applicable. We collect, use, disclose, and retain personal information for purposes connected to providing, maintaining, securing, and improving the Site and Services; communicating with users; complying with legal obligations; and other purposes described on the Site.
By using the Site, you consent to the collection, use, disclosure, and retention of your personal information as described in these Terms and our privacy practices as explained on the Site. You may have rights to access, correct, or delete personal information, to withdraw consent (where consent is the basis for processing), and to complain to a privacy regulator. To exercise your rights or ask questions about our privacy practices, contact us using the contact method available on the Site. We may need to verify your identity before responding.
Your personal information may be transferred to and processed in jurisdictions outside your province or country, including outside Canada, where privacy laws may differ. We take reasonable administrative, technical, and physical safeguards designed to protect personal information, but no method of transmission or storage is completely secure.
13. Modifications to the Site and the Terms
We may modify or discontinue any part of the Site or Services at any time without notice. We may also update these Terms from time to time. Changes take effect when posted on the Site with the “Last updated” date revised. Your continued use of the Site after the effective date of changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Site.
14. Suspension and Termination
We may suspend or terminate your access to the Site or Services, with or without notice, if we believe you have violated these Terms, applicable law, or if your conduct may harm HamiltonBC, users, or third parties. Upon termination, your right to use the Site ceases immediately, but the following provisions will survive: Sections 6–12, 15–19, and any other provisions that by their nature should survive.
15. Communications and Electronic Records
By using the Site, you consent to receive communications from us electronically and agree that all terms and notices we provide electronically satisfy any legal requirements that such communications be in writing. You are responsible for maintaining current contact information if you register an account.
16. International Use and Compliance
The Site is controlled from Canada. Accessing the Site from locations where its content or use is unlawful is prohibited. You are responsible for compliance with local laws. You represent that your use does not violate applicable export control, sanctions, or similar laws.
17. Severability and Interpretation
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Headings are for convenience only and do not affect interpretation.
18. Entire Agreement; Assignment; No Waiver
These Terms constitute the entire agreement between you and HamiltonBC with respect to the Site and Services and supersede all prior or contemporaneous understandings. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction. No waiver of any term will be deemed a further or continuing waiver of such term or any other, and our failure to assert any right under these Terms will not constitute a waiver.
19. Applicable Law and Competent Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, the Site, or the Services are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to conflict-of-laws principles.
You and HamiltonBC irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia, sitting in Vancouver, British Columbia, for the resolution of any disputes arising out of or relating to these Terms, the Site, or the Services. If you are a consumer and mandatory law grants you the right to bring proceedings in your place of residence, nothing in this section limits that right.
20. Contact
Questions, complaints, or notices regarding these Terms or the Site should be submitted through the contact method available on the Site. If you report alleged intellectual property infringement, please include sufficient detail to identify the copyrighted work or other rights allegedly infringed, the location of the material on the Site, and your contact information.