NWT Terms of Use

ACCEPTANCE

These Terms of Use (“TOU”) for haveyoursay.nwt-tno.ca (the “Site”) constitute a legal agreement and are entered into by and between you and Bang the Table Canada Ltd (“BTT”) and the Government of the Northwest Territories (“GNWT”). This Site is offered by [Have Your Say – Government of the Northwest Territories] for use by individuals who are invited by the GNWT to use the Site. BTT operates and hosts the Site for the benefit of GNWT.

These TOU contain important terms and conditions that describe your rights and obligations and govern your access to and use of the Site. Please read these TOU 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 BE BOUND AND COMPLY WITH THESE TOU AS SET OUT AND BY ALL APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TOU, YOU MUST NOT ACCESS OR USE THE SITE. 

While all of the questions, surveys, forums, discussions, and other Content (defined below) on the Site is provided and controlled by the GNWT or other individuals invited by the GNWT to use the Site, BTT owns and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with GNWT and other interested parties.

DISCLAIMERS

BTT and GNWT offer the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind, either expressed or implied. BTT and/or GNWT may change or update the information at this Site at any time and does not represent or warrant that the information on this site is up-to-date. BTT and GNWT make no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, BTT and GNWT expressly disclaim 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.

While every effort is made to ensure that all information provided at this Site does not contain computer viruses, BTT and GNWT cannot and does not guarantee or warrant that information provided at the Site will be free of infection or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. Please take reasonable and appropriate precautions to protect your system and your information. 

BTT and GNWT do not endorse the content or views of web pages externally linked to this Site and are NOT affiliated with them in any way. By choosing to follow links to third-party websites, you hereby acknowledge that you understand that the linked websites are independent from BTT and GNWT, and they are not subject to GNWT laws, including laws on the collection, use, and disclosure of personal information. You also acknowledge that BTT and GNWT have no control over the content of such websites and are not responsible for examining or evaluating the content or accuracy of any third-party websites or any other materials, products, or services of third parties. Consequently, you agree that BTT and GNWT cannot and will not be held liable for the content of those third-party websites and makes no warranty or representation whatsoever as to the accuracy, timeliness, and/or completeness of the information contained on such websites. The links placed on the Site do not imply that BTT and/or GNWT sponsor, endorse, or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such sites.

CONTENT

The term “Content,”  means any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the Site. Content is provided by GNWT and other users of the Site. BTT does not create, upload or provide any Content you see on the Site. Any Content that you provide or upload to the Site is “Your Content.” As between you and BTT, you own Your Content. GNWT may have additional rights to use Your Content. BTT (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 acknowledge and agree that BTT and their designated agents have the right (but not the obligation), in their sole discretion, to review and monitor Content on the Site, including Your Content, and  may remove or refuse to post, in their sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, GNWT has the right to review and approve Content before it is included on the Site. Note that neither BTT nor GNWT will edit your Content.

“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. BTT and GNWT 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 TOU and the Privacy Policy of BTT and GNWT do not apply to your use of such Linked Content. You expressly release BTT and GNWT 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 of GNWT. This information may include personal data (e.g. your name, age, contact details etc.). BTT's role is to process this data on behalf of the data controller. Processing means (among other things): ensuring this website runs properly, that your data is securely stored and is available to the data controller so that they can effectively manage the Site and your input.

MODERATION RULES

You agree to and shall comply with the moderation rules for the Site, which can be found at haveyoursay.nwt-tno.ca/moderation (“Moderation Rules”).

REGISTRATION

You may be required to register before accessing or contributing content to the Site, or before accessing certain features or functions on the Site.. By registering for an account, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract. If you do not meet all of these requirements, you must not access or use the Site. It is a condition of your use of the Site and registration that all information you provide is true, accurate, current and complete (the “Registration Data”). It is your responsibility to maintain and regularly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the GNWT suspects that you have provided such information, your account may be suspended or terminated. After registration, you will receive a user password and account name to access the Site. You: (i) are fully responsible for maintaining the confidentiality of your password and account; (ii) are fully responsible for all activities that occur under your password or account; (iii) must immediately notify BTT if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and (iv) must create no more than one user account at the Site.

BTT, or their agents, may require access to your user account to respond to service or technical issues.

TERMINATION

BTT may, in its sole discretion or at the direction of GNWT, and with or without notice to you, for any reason, terminate your password, account 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.

MODIFICATIONS AND DISCONTINUANCE

BTT and GNWT reserve the right at any time and from time to time to modify or discontinue or terminate access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party, for any reason.

SITE MONITORING

BTT and GNWT have no obligation, nor any responsibility to any user to monitor the Site or its use and does not and cannot undertake to review material that you or other users submit to the Site. BTT and GNWT cannot ensure prompt removal of objectionable material after it has been posted on the Site, and BTT and GNWT have no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, subject to applicable laws. 

SOCIAL MEDIA

The GNWT uses social media to reach online audiences, share information about programs and services and participate in conversations about issues of importance to northerners. Individuals who choose to engage in a conversation with the GNWT via social media should be aware that they do so within the public domain and should read the terms of service and privacy policies of third-party service providers and those of any applications used to access them.

To protect your privacy and that of others, the GNWT recommends that you do not include personal information in your posts. Personal information that you choose to provide to GNWT departments via social media is collected to capture conversations (e.g. comments, questions and answers, retweets) between you and the GNWT department. This personal information may be used to respond to inquiries, or for statistical, evaluation and reporting purposes.

The GNWT welcomes your comments and expects that the conversation observes the general rules of a respectful civil discourse. You assume full responsibility for your comments, and acknowledge that all comments are in the public domain. Note that the GNWT does not tolerate offensive, disrespectful or abusive comments about an individual or organization, and comments violating Canadian law will be deleted and disclosed to law enforcement authorities.

PRIVACY POLICY

Use of the Site by you, including the collection of Registration Data and other personal information about you, is subject to the Privacy Policy, which governs how BTT and GNWT use your personal information. The GNWT collects, uses and discloses your personal information in accordance with the privacy provisions of the Access to Information and Protection of Privacy Act and any other applicable legislation. Personal information is broadly defined by the Access to Information and Protection of Privacy Act to include recorded information about identifiable individuals. The GNWT collects personal information under the authority of section 40 (c)(i) of the Access to Information and Protection of Privacy Act and has the authority to share the information under section 48 (a). 

Your registration and any submissions you make to the Site constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at  here.SECURITY

The transmission of information via the Internet is not completely secure. Although BTT and GNWT do their best to protect your personal information, they cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. 

COMMUNICATIONS

GNWT may communicate with you through your user account by sending messages, newsletters, and other information.

USER CONDUCT

You understand and agree:

All Content is the sole responsibility of the person who made the Content, and 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 personal or proprietary rights of any party, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory or otherwise unlawful material; (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 unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of 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, such determination to be made in BTT and GNWT’s sole discretion;

impersonate any person or entity, including without limitation a Bang the Table 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;

involve, provide or contribute any false, inaccurate or misleading information; 

advertise or offer to sell or buy any goods or services; 

promote any illegal activity, or advocate or assist any unlawful act; 

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 GNWT 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.

The Site gives you the opportunity to engage and communicate with third-parties, including the GNWT. You acknowledge and agree that your communications with GNWT and any third-parties via the Site are solely between you and GNWT and the relevant third parties.

INDEMNITY AND RELEASE

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BTT, its subsidiaries, affiliates, officers, agents, and other partners, and employees from, and at BTT’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 GNWT; and (c) your violation of any other's rights under applicable law.

You shall defend, indemnify and hold harmless the GNWT, its ministers, officers, employees, servants and agents from and against all claims, actions, causes of action, demands, costs, losses, damages, expenses, suits or other proceedings by whomever made, brought or prosecuted in any manner based upon or related wholly or partially, related to or arising out of Your Content and/or your use of the Site. The obligation to indemnify and hold harmless shall not apply to the extent that a court of competent jurisdiction finally determines that such losses or damages were caused by the intentional or negligent acts or omissions of the GNWT, its ministers, officers, employees, servants or agents.

GOVERNING LAW 

The Site and these TOU shall be interpreted and governed in accordance with the laws of the Northwest Territories and the laws of Canada as they apply in the Northwest Territories. By using this Site, you agree to submit to the jurisdiction of, and to bring any action exclusively in, the courts in the Northwest Territories. BTT’S PROPRIETARY RIGHTS

BTT hosts this Site for GNWT and will not use any data you post to the Site for anything other than benchmarking, using de-identified data, and reporting to the client unless that data is publicly available. BTT does not sell lists of user details to third parties. However, BTT does need the rights to share Your Content with GNWT and occasionally to assist in its analysis. GNWT needs the rights to use the data as it needs to in order to properly listen to the community and to carry out its business. The clause below facilitates this.

You acknowledge and agree that:

the Site and any necessary software and technology used in connection with the Site, including but not limited to the software known as Engagement HQ™, contain proprietary and confidential information protected by applicable intellectual property and other laws, and all of the foregoing is owed by BTT; and

the Content presented to you via the Site or via third parties may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

You hereby grant BTT a nonexclusive, perpetual, irrevocable, royalty-free, paid-up right and licence to: (a) use your name or user/screen name and Your Content for BTT’s business purposes, including to provide the Site to the GNWT; and (b) sublicense your Content to GNWT for its business purposes. BTT only uses content for the purpose of benchmarking, use of identified data and providing reports to GNWT. 

COPYRIGHT AND TRADEMARKS

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

The BANG THE TABLE trademark, and other logos and product and service names used by the BTT, are trademarks of the BTT. You will not display or use the Bang the Table Marks in any manner without prior permission.

Certain words, phrases, names, designs, images, graphics or logos used on the Site may constitute trademarks, service marks or trade names of the GNWT or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by the GNWT. 

Material may not be used or reproduced for commercial purposes without prior written consent. If it is reproduced or redistributed for non-commercial purposes, the GNWT copyright is to be acknowledged. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BTT, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS (CAD 10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

CHANGES TO THE TOU

BTT reserves the right in their sole discretion to revise and update these TOU from time to time and without prior notice to you, (though BTT will alert GNWT to the change) and  will indicate there is an updated TOU by posting it to the Site. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the TOU in order to be aware of any such modifications and your continued use shall be your acceptance of these. 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.

ENTIRE AGREEMENT

The TOU and Privacy Policy constitute the sole and entire agreement between you and BTT regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 


SEVERABILITY

If any term or provision of these TOU is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these TOU or invalidate or render unenforceable such term or provision in any other jurisdiction. 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.

WAIVER 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these TOU operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

ASSIGNMENT

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.

ISSUES

If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact the GNWT at engagement@gov.nt.ca.

HEADINGS

The Headings used in this TOU are for convenience only and are not intended to be used as an aid to interpretation.