TERMS OF USE
Open Point Pty Ltd and its affiliates and subsidiaries (collectively, “Open Point”) have been commissioned by the City of Delta (the “Entity”) to provide and support the technology used to collect and display user content on the Entity’s engagement site for the purpose of enabling you to provide your views, feedback, and other content to the Entity. Your data is collected and used in accordance with the Entity’s Privacy Policy, where you can find details about how the Entity uses your information. Open Point processes data on behalf of the Entity in accordance with its applicable privacy documentation.
By using the Site or posting Your Content, you agree to the applicable privacy policies and the Terms of Use set out below. If you no longer wish to receive emails from the Entity, you may opt out by clicking the unsubscribe link in the email, where available.
These Terms of Use contain important terms and conditions that describe your rights and obligations and explain how you may use the Site (“TOU”). Please read the TOU carefully before accessing the Site. You are offered access to and use of the Site only on the terms and conditions set out in this TOU. By accessing and using the Site, whether or not you register on the Site, you agree to this TOU.
Open Point owns, licences, and operates the technology that powers the Site. Open Point provides digital engagement functionality such as questionnaires, surveys, forums, discussion tools, and other linked content and may host the Site for the benefit of the Entity. However, the Entity controls the use of the Site and the engagement process through which you may communicate with the Entity and other interested parties. (Open Point)
1. DEFINITIONS
“Content” means any information, data, text, photographs, graphics, images, videos, articles, comments, responses, or other content or material created, uploaded, submitted, or made accessible on the Site.
“Controller” means the entity that determines the purposes and means of processing personal information or personal data.
“Linked Content” means any content or websites other than the Site that you may access through a link found on the Site.
“Site” means https://letstalk.delta.ca.
“You”, “Your” or “Yours” means an individual invited or permitted by the Entity to use the Site.
“Your Content” means any Content that you provide, upload, submit, post, or otherwise make accessible on the Site.
“We”, “Us” or “Our” means Open Point and/or the Entity, as applicable.
2. REGISTRATION
2.1 You may be required to register before accessing or contributing Content to the Site, or before accessing certain features or functions of the Site. If registration is required, this Section 2 applies to you.
2.2 To register for an account on the Site, you must be the older of:
(a) 14 years of age; or
(b) the minimum age required by law in the place where you live to form a binding agreement.
2.3 When you register, you will:
(a) provide true, accurate, current, and complete information about yourself as prompted by the registration process (“Registration Data”); and
(b) maintain and update the Registration Data so that it remains true, accurate, current, and complete.
2.4 If you provide information that is untrue, inaccurate, not current, or incomplete, or if we reasonably suspect that this is the case, your account may be suspended or terminated.
2.5 After completing the registration process, you may receive a username, password, or other login credentials for access to the Site. In connection with that access, you:
(a) are responsible for maintaining the confidentiality of your password and account;
(b) are responsible for all activities that occur under your password or account;
(c) must immediately notify the Entity or Site administrator of any unauthorized use of your account or any other breach of security; and
(d) must not create more than one user account unless expressly permitted.
2.6 Open Point or its service providers may require access to your account to respond to technical or service issues. The Entity reserves the right to access Content and communicate with you in accordance with its Privacy Policy and applicable law.
3. ABOUT CONTENT
3.1 We or our licensors own all intellectual property rights in the Site, except for Your Content and other third-party content.
3.2 You retain ownership of Your Content. We are not responsible for the substance, accuracy, completeness, appropriateness, or legality of Your Content.
3.3 You have no expectation that Your Content will be published on the Site.
3.4 We do not endorse or assume responsibility for any Linked Content, or for any information, materials, products, or services found on or through Linked Content. If you access Linked Content from the Site, you do so at your own risk, and you understand that this TOU and the privacy policies applicable to the Site may not apply to your use of those third-party sites.
3.5 You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on its accuracy, completeness, appropriateness, or usefulness.
3.6 Your Content may be viewed by the Entity and Open Point and may be made publicly available on the Site or elsewhere by the Entity.
3.7 Even where Your Content is not publicly posted, it may still be subject to applicable access to information, freedom of information, or open records laws.
3.8 We and our designated agents may, but are not obligated to, review and monitor Content on the Site, including Your Content, and may remove or refuse to post Content where permitted by law or where it violates these Terms, the Site’s moderation rules, or applicable law. Open Point’s moderation policy indicates that the client is responsible for publishing end-user moderation terms and handling moderation complaints. (Open Point)
4. USER CONDUCT
4.1 You understand and agree that:
(a) all Content is the sole responsibility of the person who made it available, and you are solely liable for Your Content; and
(b) you must not use the Site to advertise or offer to sell or buy goods or services unless the Site expressly permits that use.
4.2 You must not post Content that:
(a) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(b) violates applicable law or is unlawful; or
(c) violates the rights of any third party, including privacy rights.
4.3 You must not:
(a) transmit unsolicited or unauthorized advertising, promotional material, spam, chain letters, pyramid schemes, contests, or any other form of solicitation;
(b) transmit software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of software, hardware, or telecommunications equipment;
(c) post Content that harms minors;
(d) impersonate any person or entity, including an Open Point representative, an Entity representative, or another Site user, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(e) create a false identity for the purpose of misleading others; or
(f) interfere with or disrupt the Site or servers or networks connected to the Site.
4.4 You agree to comply with the Site’s moderation rules and any other participation rules posted by the Entity.
4.5 You acknowledge that communications made through the Site may be disclosed where required by law, lawful investigation, or administration of the Site.
5. PRIVACY POLICY
5.1 When you access and use the Site, information submitted by you will generally be controlled by the Entity as the data controller. This information may include personal information such as your name, age, and contact details. Open Point processes data on behalf of the Entity to operate the platform and make information available to the Entity for management of the Site and Your Content. Open Point’s privacy policy states that, where a client user is using the platform, the client’s privacy policy should be checked to confirm what personal information is collected and how. (Open Point)
5.2 Open Point may process personal information as needed to provide platform services, maintain security, support functionality, and meet contractual and legal obligations. The Entity may also use information you submit in accordance with its own privacy policy. (Open Point)
6. DISCLAIMERS
The Site and Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, We disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, timely, or error-free.
7. INDEMNITY
You agree to indemnify and hold harmless the Entity, Open Point, and their respective affiliates, officers, employees, contractors, and agents from and against any claims, proceedings, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:
(a) Your Content;
(b) your use of the Site; or
(c) your violation of these Terms, applicable law, or the rights of any third party.
8. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and the software and technology used in connection with it contain proprietary and confidential information protected by applicable intellectual property and other laws.
Except for the rights you retain in Your Content, all rights, title, and interest in and to the Site, including its software, design, structure, and functionality, are owned by or licensed to Open Point and/or its licensors.
You grant the Entity a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and otherwise deal with Your Content for the purposes of administering the Site, conducting engagement activities, reporting on engagement results, and other related governmental or administrative purposes, subject to applicable law and the Entity’s privacy obligations.
You also grant Open Point a non-exclusive, royalty-free license to host, store, process, transmit, and otherwise use Your Content solely as necessary to provide and support the platform and related services to the Entity.
9. COPYRIGHT
If you believe that content on the Site infringes your copyright, please contact the Entity using the contact details provided on the Site and provide sufficient detail for the claim to be assessed, including:
- your name and contact information.
- identification of the copyrighted work claimed to have been infringed.
- identification of the material claimed to be infringing and where it appears on the Site.
- a statement that you believe in good faith that the use is not authorized; and
- a statement that the information you provide is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Open Point, the Entity, and their respective directors, officers, employees, agents, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, opportunity, data, goodwill, or business interruption, arising out of or in connection with the Site or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of Open Point arising out of or in connection with the Site or these Terms will not exceed USD $10.00, unless a different limit is required by applicable law.
11. MODIFICATIONS AND DISCONTINUANCE
11.1 We may change these Terms from time to time by posting an updated version on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
11.2 We reserve the right to modify, suspend, or discontinue the Site or any part of it, temporarily or permanently, with or without notice, subject to applicable law.
12. GENERAL INFORMATION
12.1 Each party will comply with applicable laws in exercising its rights and performing its obligations under these Terms.
12.2 These Terms and the Entity’s Privacy Policy constitute the entire agreement between you and the Entity regarding your use of the Site.
12.3 To the extent applicable, these Terms and any applicable Open Point privacy documentation govern the relationship between you and Open Point regarding the technology used to provide the Site.
12.4 These Terms will be governed by and construed in accordance with the laws applicable in British Columbia, Canada, and disputes will be resolved in a court of competent jurisdiction in British Columbia, unless applicable law requires otherwise.
12.5 A failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
12.6 If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
12.7 Your rights and obligations under these Terms are personal to you and may not be assigned without prior written consent, where required.
12.8 Headings are for convenience only and do not affect interpretation.
13. ISSUES AND CONTACT
If you encounter issues with the Site, believe you have seen Content that violates these Terms or the Site’s moderation rules, or have questions about the Site, please contact the City of Delta using the contact information provided on the Site.
For platform-wide information about Open Point, including its privacy and policy materials, refer to Open Point’s published policies and support resources. Open Point currently publishes a Global Privacy Policy, Moderation Policy, End User Acknowledgement, and Terms & Conditions on its website. (Open Point)
