The following Terms and Conditions (the “Terms”) govern the use of Connect Oshawa site (the “Site”). The software platform is owned by Social Pinpoint Inc. (“S.P.P.”) and operated by the Corporation of the City of Oshawa (the “City”).
By accessing and using the Site, you are choosing to accept and comply with the Terms presented throughout this agreement as well as the Privacy Policy and Moderation Policy. The Terms apply to all visitors and users of the Site. Linked sites, affiliated services or third-party content or software have their own terms and conditions that you must comply with. If you disagree with any of the Terms presented in this agreement, you may discontinue using the Site immediately.
If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms (including the Privacy Policy and Moderation Policy).
What are the conditions with a user's account?
While using the Site, you must not violate any applicable laws and regulations. It is our duty to protect the confidentiality of content you provide on the Site in accordance with our Privacy Policy. When you create an account with us, you must always provide us with accurate information. Failure to provide accurate information violates the Terms, which may result in immediate termination of your account on the Site. You are fully responsible for maintaining the confidentiality of your password or account. You are fully responsible for all activities that occur on the Site under your password or account. Unauthorized use of your password or account must be immediately reported to us. In some cases, we or our agents may require access to your user accounts to respond to technical issues.
We are not responsible for the content on the Site that has been provided by the users of the Site. Any content posted by you is subject to the rules of our Moderation Policy. Your contribution to the Site may be edited, removed or not published if we consider it inappropriate (refer to Moderation Policy). Contributors should also be aware that their posts may remain online indefinitely. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.
What do we require from our users?
You must understand and agree that, without limitation:
- All information, data, images and other materials are the sole responsibility of the person from whom the content originated;
- You are prohibited from advertising or offering to sell or buy any goods and services on the Site;
- You cannot transmit Content that contains software viruses or programs designed to change or destroy the functionality of any computer software or hardware;
- You cannot collect or store personal data about other users of the Site;
- You cannot impersonate any person or entity, including without limitation to a City representative;
- You cannot interrupt or interfere with the Site or servers or networks connected to the Site; and
You cannot attempt to gain unauthorized access to the Site or other use accounts.
Can your account be suspended or terminated?
We may terminate or suspend your your account immediately, with or without prior notice to you, including without limitation if you breach the Terms, the Privacy Policy and/or the Moderation Policy. We may immediately deactivate or delete your account and all the related files and information in your account. After your account has been terminated, the content you have posted may remain indefinitely on the Site as required by law and/or in accordance with the City’s obligations under the Municipal Freedom of Information and Protection of Privacy Act (“M.F.I.P.P.A.”) or its Records Retention By-Law 32-2021.
If you want to terminate your own account, please send an email to communications@oshawa.ca.
Governing Law
The Terms shall be governed in accordance with the laws of the Province of Ontario, Canada without regard to its conflict of law provisions.
Indemnification
The City, its subsidiaries, affiliates, officers, agents, licensors and other partners are not responsible for any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above. You shall indemnify and hold the City, its elected officials, subsidiaries, affiliates, officers, agents, and employees harmless from and 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 your content, your interactions or relationship with the City and your violation of any other's rights or applicable law.
What content do we own?
The Site contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (the “Intellectual Property”) of the City and its suppliers and licensors. The City owns and retains all proprietary rights in the Intellectual Property. All Intellectual Property in the content of the Site including without limitation to text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to the City.
Any original content that you submit or post on the Site may be made available to the public on the Site or elsewhere. The City has the right to use your content. Your content may be subject to applicable freedom of information requests and released in accordance with M.F.I.P.P.A.
Except for the Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, alter, transmit, sell, distribute any of the Intellectual Property on the Site.
We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via our website. Any loss or damage incurred from those communications or dealings are solely between the user and the third party.
Disclaimer and Warranties
Users must agree that the use of the Site is done at your own risk. We make no warranty that the Site will meet your requirements or be uninterrupted or error-free. Any material that the user downloads through the Site is done at their own risk and the user is responsible for any damages to their computer system or loss of data.
What happens if these terms change?
The Terms may change from time to time, and any changes will be communicated in advance of changes through the Site and/or via email to registered users. The most recent version of the Terms can be seen on this page. By continuing to access or use the Site after those revisions become effective, you agree and will comply to the revised terms. If you do not agree to the revised terms, please discontinue using the Site.
Contact us
If you have any questions about the Terms, please contact us at communications@oshawa.ca.
