- By submitting any material to the City through, or otherwise using the Website, you are agreeing to these Terms. You are not permitted to register an Account or to access or use the Website or the Services if you do not accept these Terms. If you do not agree with any of these Terms, you must not submit any material to the City through the Website, and must immediately exit and stop using this Website. These Terms constitute a contract between you and the City regarding access to and use of the Website and ownership of the materials submitted by you through the Website. By submitting any material to the City through, or otherwise using, the Website you certify that you have read and understood the Terms herein, and expressly accept and agree to comply with and be bound by them.
- In the event that the entity or person agreeing to these Terms is doing so on behalf of a third party, that third party is deemed to be bound by these Terms. You accept and agree to these Terms on behalf of your company, organization, institution, employer, or client as their duly authorized legal representative by submitting any material to the City through, or otherwise using, the Website.
- In order to use the Website or Services you may be required to agree to third party terms issued by the Contractor. The City is not an affiliate of the Contractor and does not represent or endorse any such Contractor Content, and is not responsible or liable for its availability, accuracy, or quality. Your communication or business dealings with the Contractor and any third parties found on or through the Website are solely between you and the Contractor and/or such third parties at your sole risk. The City does not assume any liability or responsibility whatsoever for the operation of or information of any such Contractor Content or the Website, nor for any interpretations, comments, or opinions expressed therein, including damages that may be sustained, or viruses or other destructive items that may infect your device, operating system, network, browser, applications, files, or various accounts through your access to or use of the Website.
- 2.01 In these Terms, the following definitions apply:
- “Content” means any and all information on or accessed through the Website and/or the Services including, but not limited to, all information, text, images, data, code, graphics, icons, knowhow, materials, and resources used in the presentation, development, and arrangement of the Website and Services.
- “Feedback” means any comments, responses, or spatial information you provide to the City.
- “FIPPA” means The Freedom of Information and Protection of Privacy Act (CCSM c F175).
- “Personal Information” has the meaning assigned to it in FIPPA.
- “Terms” means these terms and conditions, as updated by the City from time to time.
- “Third Party Content” means websites, products, materials, services, information, or other such content that is not owned by the City or Contractor.
- “Third Party Information” means any third party information, such as Personal Information, collected, accessed, retained, used, disclosed, destroyed or submitted by you through or in connection with the Website, the Services, the City, the Contractor, or this Agreement.
- “User Content” means information and materials submitted by you, and includes (but is not limited to) any Feedback, Third Party Information, or Personal Information you submit to the Website.
- “Website” means the Engage Winnipeg website and the Content, located at https://engage.winnipeg.ca.
- “Website Infrastructure” means the servers, networks, and other underlying infrastructure supporting the Website.
- “Y/you”, “Y/your” means the entity or person agreeing to these Terms.
YOUR USE OF THE WEBSITE
3.01 Ownership of Information
- You hereby grant the City a worldwide, irrevocable, perpetual, sub-licensable, transferable, non-exclusive license to use and incorporate into the City’s products and services any Feedback you provide to the City, without any obligation of compensation.
You further certify that:
- you have the necessary rights to grant the City a license to use your User Content; and
- you consent to the use of your User Content and Feedback as outlined in these Terms.
3.02 Access to and Use of the Website
Except as expressly permitted herein, you agree:
- not to use or permit the use of any script, service, software, routine, crawler, scraper, third party, manual process, or automated query, program, or device to mirror, data-mine, extract, frame, collect, copy, or otherwise retain the Content
- not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or Website Infrastructure, or to any of the Content offered on or through the Website, whether by hacking, password “mining”, or any other means;
- not to interfere or permit others to interfere with or damage, deface, disrupt, undermine, alter, probe, scan, infect, test the vulnerability of, or otherwise threaten or jeopardize the Website, the Website Infrastructure, or either the City or Contractor’s other online services or their integrity;
- not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website;
- not to overburden or otherwise impose an excessive or unreasonably large load on the Website Infrastructure, or to permit others to do so; and
- not to use the Website or Website Infrastructure for any illegal or improper purposes.
3.03 Additional Obligations
- You agree that in accessing or using the Website or submitting any User Content to the City or Contractor you shall:
- act in compliance with all applicable laws and regulations, including (but not limited to) FIPPA;
- not post, transmit, link to or otherwise distribute any information or software which contains a virus, or other harmful or disruptive property or component that may adversely affect the Terminals, Website, or the Website Infrastructure; and
- not post, transmit, link to or otherwise distribute any inappropriate, defamatory, indecent, offensive or unlawful material or information, as determined by the City in its sole and absolute discretion.
PRIVACY AND SECURITY
4.01 Personal Information
- Any Personal Information collected as a result of the access to or use of the Website is collected pursuant to s.36(1)(b) of FIPPA. Your Personal Information will only be used for communication and administration related to your use of the Website and/or Services and will not be used or disclosed for any other purposes, except as required by law. Your personal information will not be made public or publicly associated with your Feedback without your explicit, written consent.
- If you have any questions about the collection of this information, contact the Corporate Access and Privacy Officer by mail to City Clerk’s Department, Administration Building, 510 Main Street, Winnipeg MB, R3B 1B9, or by telephone at 311 or 1-877-311-4974.
- By submitting User Content you consent to having your Personal Information managed via the Website and Contractor (as Information Manager) in accordance with the above.
- For further details regarding FIPPA, please refer to the following webpage: http://www.winnipeg.ca/clerks/fippa/.
4.02 Confidentiality Warning
- The Internet is not a secure medium and privacy cannot be ensured. Internet email and other communications are vulnerable to interception and forging. In registering a User Profile and accessing and using the Website, you agree to assume the risks associated with the transmission or loss of any data or Personal Information to or from the City, including the interception of such confidential data or Personal Information by third parties, and agree to be liable for any damages to yourself, the City, or third parties occurring as a result thereof.
- Your use of or reliance on the Website is at your sole risk, and you assume all responsibility for using same. Do not assume that the Website will be error-free, or that the Website will be operated without interruption or without defect.
- Without limiting the generality of the foregoing, Content may become out of date, is subject to change without notice, and is provided solely on an “as is” and “as available” basis. The City is not responsible for transmission errors, or corruption or security of Content carried over telecommunications carriers’ or other providers’ systems and/or facilities, and disclaims any duty to update Content, and any liability therefor.
- THE CITY DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT: THE WEBSITE OR WEBSITE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE PROPERTIES OR COMPONENTS, OR PROVIDED WITHOUT INTERRUPTION; WARRANTIES AS TO THE ACCURACY, VALIDITY, CORRECTNESS, CURRENCY, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY, OR ADEQUACY OF THE WEBSITE OR WEBSITE SERVICES, OR FOR ANY LINKED THIRD PARTY WEBSITES OR INFORMATION; AND WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR SERVICES. THE CITY ALSO EXPRESSLY DISCLAIMS THE AFORESAID WARRANTIES AND ANY LIABILITY THEREFOR.
- IF YOU ARE DISSATISFIED OR DISAGREE WITH ALL OR ANY PART OF THE WEBSITE OR SERVICES, WITH THESE TERMS, OR WITH ANY RULES, POLICIES, OR PRACTICES THE CITY OR CONTRACTOR MAY IMPLEMENT OR ENFORCE REGARDING THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR SERVICES.
LIMITATION AND WAIVER OF LIABILITY
You agree that the City and its council, committees of council, affiliated bodies, officers, directors, employees, agents, and other representatives (collectively, “Representatives”) are not liable or responsible for any direct, indirect, incidental, consequential, punitive, or special damages, including, without limitation, any loss of use, lost data, lost business profits, business interruption, personal injury (up to and including death), property damage, or any pecuniary loss arising out of or in any way connected with your access to or use of the Website, or any software, information, or documents contained in or accessed through the Website, even if the City has been advised of the possibility of such damages, whether based in warranty, contract, tort (including negligence), equity, strict liability, or otherwise, and notwithstanding the
- failure of essential purpose of any remedy.
- By using or accessing the Website or submitting any User Content through the Website you hereby waive any and all claims that you or your Representatives may have, have had, or may in the future have against the City in respect of same, and you hereby release and forever discharge the City of any losses you or your Representatives may suffer, have suffered, or may in the future suffer in relation thereto.
- Without limiting the foregoing, in no event shall the City’s total liability to you and/or your Representatives under these Terms for any and all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Canadian dollars ($50.00 CAD).
You agree to defend, indemnify, and hold harmless the City and its Representatives from and against any and all losses, costs, damages and expenses, including reasonable legal fees, suffered or incurred by the City as a result of or in connection with your violation of these Terms or your access to or use of the Website.
MODIFICATIONS AND TERMINATION
The City reserves the right to suspend, discontinue, terminate, or modify any aspect of the Website, your access thereto or use thereof, or these Terms at any time and for any reason whatsoever with or without warning or notice to you. The City further reserves the right to determine, in its sole and absolute discretion, that your User Content is illegal, violates these Terms or other related City policies, or is otherwise inappropriate, and may remove or refuse to display same.
THIRD PARTY CONTENT
As a convenience to you, the Website may contain links to or otherwise incorporate Third Party Content, including websites that are not under the control of the City or are operated by other parties. Third Party Content is used for information and interest only. The City is not an affiliate of and does not represent or endorse any such third party or Third Party Content, and is not responsible or liable for its availability, accuracy, or quality. Your communication or business dealings with any third parties found on or through the Website are solely between you and such third parties at your sole risk. Third Party Content is independently developed by parties other than the City, and the City does not assume any liability or responsibility whatsoever for the operation of or information of any such Third Party Content, nor for any interpretations, comments, or opinions expressed therein, including damages that may be sustained, or viruses or other destructive items that may infect your device, operating system, network, browser, applications, files, or various accounts through your access to or use of the Website or the Third Party Content.
These Terms form the entire agreement between you and the City with respect to your use of the Website. Failure or delay by the City to enforce the provisions of these Terms or the City’s rights or remedies at any time will not be construed to be a waiver of the City’s rights hereunder and will not prejudice the City's right to take subsequent action. If any provision in these Terms is held to be illegal, invalid, or unenforceable at law by a court of competent jurisdiction, it shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force and effect.
Should any provision of these Terms require mediation, arbitration, or judicial interpretation, it is agreed that the mediator, arbitrator, court, or other equivalent party or entity interpreting or construing same shall not apply any presumption that these Terms shall be more strictly construed against the party who itself or through its agent prepared them (otherwise known as the doctrine of contra proferentem).
These Terms and any disputes or actions arising from or in connection with the Website shall be governed by the laws of the province of Manitoba, Canada without reference to conflict of laws principles, and you hereby submit to the jurisdiction of the courts of the province of Manitoba, Canada and agree to bring any action exclusively in such courts.