Terms of Service

SECTION 1 - OVERVIEW

Galiano Association for Internet Access (GAIA) is an incorporated not-for-profit society formed with the goal of bringing affordable and reliable high-speed internet service to Galiano Island, BC, and a registered Internet Service Provider (ISP) intended solely for the benefit of its members. You must be a member of the Galiano Association for Internet Access (GAIA) in good standing to obtain GAIA’s Internet Service. 

By becoming a member of the Galiano Association for Internet Access (GAIA), and by requesting that GAIA provide you with Internet Service, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.

Any new features or tools which are added to the services offered shall also be subject to the Terms of Service as posted at GAIA’s website (www.galianonet.org). We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service on our website constitutes acceptance of those changes. Any questions about the Terms of Service should be sent to us through the contact link at the GAIA website.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in British Columbia, and give consent to allow any of your minor dependents to use this Internet Service. You or your dependents may not use our Internet Service for any illegal or unauthorized purpose nor may you, in using the Service, violate any laws (including but not limited to copyright laws). You or your dependents must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

You must pay for your GAIA annual membership, estimated installation fee, and for the first month’s connection fee on or before the date when your Internet Service is connected. GAIA will provide you or your business with Customer Premises Equipment for the purpose of connecting to our Internet Service. GAIA owns the wireless equipment that will be installed on your property, and retains the right to remove this equipment when we no longer provide you with Internet Service. The equipment will be selected by us at the time of the installation based on your home or business needs and we reserve the right to upgrade, change or remove our equipment. The applicable charges for the CPE and installation costs for the Internet Service are identified at the time the Service is ordered.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact or content on the website through which the service is provided, without express written permission by us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

As GAIA’s internet service is a shared system, we require that internet users show respect to other users on the system by not leaving high-bandwidth programs running when you are not using those programs (e.g.:  torrents, Netflix).  This will help to ensure that all GAIA internet users can have an internet connection at reasonable speed.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Although we regularly update or amend the information on our website, at any time the information may not be accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources for accurate, complete or timely information. Any reliance on the material on our website is at your own risk. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Internet Service are subject to change with 30 days’ notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) with 30 days’ notice, at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 – PERSONAL INFORMATION

Your submission of personal information by telephone, email, in person or through the online link, www.galianonet.org, is governed by our Privacy Policy.



SECTION 8 – PROHIBITED USES

UNDER NO CIRCUMSTANCES WHATSOEVER ARE YOU PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICES OR ANY PORTION THEREOF TO ANY THIRD PARTY. For example, you cannot provide Internet access to others through a dial-up connection, provide internet access to others through use of a router / LAN, host shell accounts over the Internet, provide email or news service, or send a news feed.  You may not run a server in connection with the GAIA Service nor may you provide network services to others via the GAIA Service.  Examples of prohibited servers and services include, but are not limited to mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.

We reserve the right to terminate your use of the Service without notice for violating any of the prohibited uses.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time with 24 hours’ notice we may remove the Service for indefinite periods of time for maintenance purposes, or cancel the service at any time, with 30 days’ notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall Galiano Association for Internet Access (GAIA), our directors, officers, employees, members, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation: lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of the Service, or for any other claim related in any way to your use of the Service.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Galiano Association for Internet Access and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 11 – OVERDUE ACCOUNTS

For unpaid accounts 30 days past invoice date (accounts deemed overdue), the Galiano Association for Internet Access (GAIA) reserves the right to charge a penalty at the rate 20% per year calculated on a daily basis. The finance charge will be applied to the outstanding balance on the monthly billing date. Should the Service be disconnected, a reconnection fee of $50.00 plus tax will be charged and the balance owing is to be paid in full before reconnection can be initiated.

SECTION 12 – TERMINATION OF AGREEMENT

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by giving us 30 days’ notification that you no longer wish to use our Services. If you terminate our Services, you agree that we will remove our Consumer Premises Equipment that we have installed at your location.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

SECTION 13 – REFUND POLICY

No refunds are available on internet services. It is your responsibility to ensure that your service package is the correct one over the full course of a billing period.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on our website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Privacy Policy

This document presents the Privacy Policy of the Galiano Association for Internet Access (GAIA).  The document refers to the ten principles of the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information (CAN/CSA-Q830-96). These principles were published in March 1996 as a National Standard of Canada.

Privacy Policy is a formal statement of the principles and guidelines that govern how GAIA protects personal information of its member-customers (subject to the exclusions noted here and below under scope), its volunteers and its workers. It is based on and incorporates the ten fair information principles that form the basis of all applicable privacy legislation in Canada, including Part 1 of the Personal Information Protection and Electronic Documents Act (Statutes of Canada 2000).

The scope and application of the Galiano Association for Internet Access (GAIA) Privacy Policy are as follows:

  • The Policy applies to personal information collected, used, or disclosed by GAIA, including personal information of GAIA’s member-customers and team member-customers.

  • The Policy applies to the management of personal information in any form whether oral, electronic or written.

  • The Policy does not apply to personal information created by, or collected from, or on behalf of GAIA’s business member-customers and their employees or businesses receiving GAIA services under corporate member-customer agreements; however, such information is protected by other GAIA policies and practices and through contractual arrangements.

  • The application of the GAIA Privacy Policy is subject to the requirements and provisions of Part 1 of the Personal Information Protection and Electronic Documents Act and the regulations thereunder, provincial privacy legislation (where applicable), and any applicable regulations of the Canadian Radio-television and Telecommunications Commission.

  • The GAIA Privacy Policy is also subject to the Societies Act [SBC 2015] c. 18 of British Columbia.


Member-customer – An individual who uses, or applies to use, GAIA’s products or services.


Personal information – Any information about an identifiable individual, other than the name, title or business address (including business email address) or business telephone or fax numbers of an employee of an organization. Personal information does not include de-identified or aggregated information that cannot reasonably be associated with a specific individual.


Information about member-customers who are sole proprietors or partners is considered to be “personal information” if it is information about the individuals themselves, as distinct from information about their businesses. The latter is protected by other GAIA policies and practices and through contractual business arrangements.

Principle 1 – Accountability

GAIA is responsible for personal information under its control and shall designate one or more persons who are accountable for GAIA’ compliance with the following principles.

1.1 Responsibility for ensuring compliance with the provisions of the GAIA Privacy Policy rests with the management of GAIA, which shall designate one or more persons to be accountable for compliance with the Policy. Other individuals within GAIA may be delegated to act on behalf of the designated person(s) or to take responsibility for the day-to-day collection and processing of personal information.

1.2 GAIA shall make known, upon request, the identity of the person or persons designated to oversee GAIA’ compliance with the GAIA Privacy Policy.

1.3 GAIA is responsible for personal information in its possession or control. GAIA shall use appropriate means to provide a comparable level of protection while information is being processed by a service provider or partner (see Principle 7).

1.4 GAIA shall implement policies and procedures to give effect to the GAIA Privacy Policy, including:

  • Implementing procedures to protect personal information and to oversee GAIA’ compliance with the GAIA Privacy Policy;

  • Establishing procedures to receive and respond to inquiries or complaints;

  • Training and communicating to team member-customers about GAIA’ policies and practices;

  • Developing public information to explain GAIA’ policies and practices.

Principle 2 – Identifying purposes for collection of personal information

GAIA shall identify the purposes for which personal information is collected at or before the time the information is collected.

2.1 GAIA collects personal information of member-customers and team member-customers only for the following purposes:

  • To establish and maintain a responsible commercial relationship with our member-customers and to provide ongoing service;

  • To understand member-customer-customers needs and preferences;

  • To develop, enhance, market or provide products and services to our member-customers;

  • To manage and develop GAIA’ business and operations, including personnel and employment matters;

  • To meet legal and regulatory requirements.


2.2 GAIA shall outline the purposes for which it collects personal information of team member-customers in the Team Member-customer-customers Privacy Commitment.

2.3 GAIA shall specify the identified purpose or purposes to the member-customer-customers or team member-customer-customers at or before the time personal information is collected. Upon request, team member-customers collecting personal information shall explain these identified purposes or refer the individual to a designated person within GAIA who shall explain the purposes.

2.4 Unless required by law or for exceptions set out in applicable legislation, GAIA shall not use or disclose for any new (not previously-identified) purpose personal information that has been collected without first identifying the new purpose and obtaining appropriate consent of the member-customer-customers or team member-customer-customers.

2.5 We may record interactions, such as telephone calls or chats, to or from GAIA service representatives for quality assurance and training purposes.

Principle 3 – Obtaining consent for collection, use or disclosure of personal information

The knowledge and consent of a member-customer or volunteer or worker are required for the collection, use, or disclosure of personal information, except where not required by applicable privacy legislation. In certain circumstances personal information can be collected, used, or disclosed without the knowledge and consent of the individual as explained below.

For example, GAIA may collect personal information without knowledge or consent if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated.

GAIA may also collect, use or disclose personal information without knowledge or consent if, for example, seeking consent would compromise the availability or accuracy of the information in the context of an investigation, collection and use of the information is reasonable and useful in the investigation of a contravention of a federal or provincial law, or disclosure is required for investigating a breach of an agreement or for the purposes of detecting, suppressing or preventing fraud.

GAIA may also use or disclose personal information without knowledge or consent in the case of an emergency where the life, health or security of an individual is threatened.

GAIA may also disclose personal information without knowledge or consent to a lawyer representing GAIA, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or permitted by law.

The Policy does not require consent for the collection, use or disclosure of information about a member-customer, volunteer, or worker that is publicly available and is specified by regulation pursuant to the Personal Information Protection and Electronic Documents Act or provincial privacy legislation, where applicable.

3.1 In obtaining consent, GAIA shall use reasonable efforts to ensure that a member-customer, volunteer, or worker is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated so that it is reasonable to expect that the member-customer-customers or team member-customer-customers would understand the nature, purpose and consequences of granting consent.

3.2 Generally, GAIA shall seek consent to use and disclose personal information at the same time it collects the information. However, GAIA may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.

3.3 GAIA will require member-customers to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service if such collection, use or disclosure is required to fulfill the identified purposes.

3.4 In determining the appropriate form of consent, GAIA shall take into account the sensitivity of the personal information and the reasonable expectations of its member-customers and team member-customers.

3.5 In general, the use of products and services by a member-customer-customers, or the acceptance of employment or benefits by a team member-customer-customers, constitutes implied consent for GAIA to collect, use and disclose personal information for all identified purposes.

3.6 A member-customer, volunteer, or worker may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Member-customers, volunteers, or workers may contact GAIA for more information regarding the implications of withdrawing consent.

Principle 4 – Limiting collection of personal information

GAIA shall limit the collection of personal information to that which is necessary for the purposes identified by GAIA. GAIA shall collect personal information by fair and lawful means.

4.1 GAIA collects personal information primarily from its member-customers, volunteers, or workers.

4.2 GAIA may also collect personal information from other sources including credit bureaus, employers or personal references, publicly available sources or other third parties who properly represent that they have the right to disclose the information.

Principle 5 – Limiting use, disclosure, and retention of personal information

GAIA shall not use or disclose personal information for purposes other than for identified purposes, except with the consent of the individual, for exceptions set out in legislation, or as required by law. GAIA shall retain personal information only as long as reasonably necessary for the fulfillment of those purposes.

5.1 Subject to applicable CRTC regulations, GAIA may share a member-customer’s personal information, with the information to be used only for the purpose for which it was shared, to:

  • a person seeking information as an agent of a member-customer-customers, such as a member-customer’s legal representative or as an authorized user under their account, if GAIA is satisfied that the person is authorized to receive the information;

  • other GAIA business units to help GAIA serve its member-customers better and to provide them with services from different parts of the company;

  • other telecommunications companies for the efficient and cost-effective provision of telecommunications services;

  • a company involved in supplying a member-customer-customers with telecommunications or directory-related services;

  • our suppliers, agents or other organizations or individuals contracted to GAIA to perform services or functions on our behalf where they require the information to assist us in serving you; this information may be processed or stored in countries other than Canada;

  • GAIA’ partners or third-party agents responsible for administering GAIA offers or programs;

  • a credit bureau to evaluate a member-customer’s creditworthiness and for monthly reporting purposes on the status of your payment history with GAIA;

  • with collection agencies to collect an account if your account has been referred for collection;

  • a public authority or agent of a public authority if, in the reasonable judgment of GAIA, it appears that there is imminent danger to life, health or security of an individual which could be avoided or minimized by disclosure of the information;

  • a government agency or other third party, if required to meet legal and regulatory requirements.


5.2 GAIA may disclose personal information about its workers:

  • For standard personnel and benefits administration;

  • In the context of providing references regarding current or former workers in response to requests from prospective employers;

  • Where the worker consents to such disclosure or disclosure is required by law or for exceptions specified under the applicable legislation.


5.3 Only GAIA’ volunteers or workers with a business need to know, or whose duties reasonably so require, are granted access to personal information about member-customers and volunteers and workers.

5.4 GAIA shall keep personal information for as long as it remains reasonably necessary or relevant for the identified purposes, or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a member-customer or volunteer or worker, GAIA shall retain the information for a reasonably sufficient period of time after the decision has been made to allow the a member-customer or volunteer or worker to access the information.

5.5 GAIA shall develop guidelines and implement procedures and controls for the retention and destruction of records containing personal information. Once personal information is no longer reasonably necessary or relevant for the identified purposes, nor required by law to be retained, it shall be destroyed, erased or made anonymous.

Principle 6 – Accuracy of personal information

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

6.1 Personal information used by GAIA shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a a member-customer or volunteer or worker.

6.2 GAIA shall update personal information about a member-customer or volunteer or worker as, and when, reasonably necessary to fulfill the identified purposes or upon notification by the individual.

Principle 7 – Security safeguards

GAIA shall protect personal information by security safeguards appropriate to the sensitivity of the information.

7.1 GAIA shall employ appropriate security measures to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction.

7.2 All of GAIA’s team member-customers with access to personal information shall be required to appropriately respect the confidentiality and privacy of that information.

7.3 GAIA will store and process personal information in Canada or other countries. In either case, the personal information is protected with appropriate security safeguards, but may be available to foreign government agencies under applicable law.

Principle 8 – Openness concerning policies and practices

GAIA shall make readily available to member-customers and team member-customer specific information about its policies and practices relating to the management of personal information.

8.1 GAIA shall make information about its policies and practices easy to understand, including:

  • The title and address of the person or persons accountable for GAIA’s compliance with the GAIA Privacy Policy and to whom inquiries or complaints can be forwarded;

  • The means of gaining access to one’s own personal information held by GAIA;

  • A description of the type of personal information held by GAIA, including a general account of its use.


8.2 GAIA shall make available information to help member-customers and volunteers and workers exercise choices regarding the use of their personal information and the privacy-enhancing services available from GAIA.

Principle 9 – Member-customers and volunteers and workers’ access to personal information

GAIA shall inform a a member-customer or volunteer or worker of the existence, use, and disclosure of his or her personal information upon request and shall give the individual access to that information. A member-customer-customers or team member-customer-customers shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

9.1 Upon request, GAIA shall afford member-customers and volunteers and workers a reasonable opportunity to review the personal information GAIA holds about them. Personal information shall be made accessible to the individual in understandable form, within a reasonable time, and at minimal or no cost to the individual.

9.2 In certain situations, GAIA may not be able to provide access to all the personal information that it holds about a member-customer, volunteer or worker. For example, GAIA may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. Also, GAIA may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor – client privilege, or, in civil law, by the professional secrecy of lawyers and notaries, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, GAIA shall provide the reasons for denying access upon request. In general, the exceptions above do not apply if the individual needs the information because an individual’s life, health or security is threatened.

9.3 Upon request, GAIA shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, GAIA shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide an actual list.

9.4 In order to safeguard personal information, a member-customer or volunteer or worker may be required to provide sufficient identification information to permit GAIA to account for the existence, use and disclosure of personal information and to authorize access to the individual’s personal information.

9.5 GAIA shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the individual’s file. Where appropriate, GAIA shall transmit to other organizations having access to the personal information in question any amended information or the existence of any unresolved differences.

9.6 GAIA Member-customers, volunteers, and workers can seek access to their personal information by contacting a designated representative at GAIA.

Principle 10 – Challenging compliance

A member-customer, volunteer, or worker shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for GAIA’s compliance with the GAIA Privacy Policy.

10.1 GAIA shall maintain procedures for addressing and responding to all inquiries or complaints from its member-customers, volunteers, and workers about GAIA’s handling of personal information.

10.2 GAIA shall inform its member-customers, volunteers, and workers about the existence of these procedures as well as the availability of complaint procedures.

10.3 GAIA shall investigate all complaints concerning compliance with the GAIA Privacy Policy. If a complaint is found to be justified, GAIA shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A member-customer-customers or team member-customer-customers shall be informed of the outcome of the investigation regarding his or her complaint.

10.4 A GAIA member-customer, volunteer, or worker may seek advice from the Office of the Privacy Commissioner of Canada or the BC Privacy Commissioner, and, if appropriate, file a written complaint with the Commissioner’s office. However, the member-customer, volunteer, or worker is encouraged to use GAIA’s complaint procedures first.