Last revised: March 12, 2019
Acceptance of Terms
You are either at least 18 years of age, or possess legal or guardian consent, and are fully able and competent to accept and be bound by the terms of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are a legal guardian (“Minor”), to use the App, you are solely responsible for (i) the online conduct of the Minor, (ii) monitoring the Minor’s access to and use of the App, and (iii) the consequences of any use of the App by the Minor.
Description of App
The App provides you with an application to do any one or more of the following: (i) report a service request to the City, (ii) check on the status of the service request you have submitted, (iii) view a request that was submitted and shared by a third party user of the App (collectively, the “Submissions”), or (iv) receive notifications from the City.
The App will use the devices last known location if location services are enabled and only used for the reasons described above. The City does not track or associate a device with an individual. Users have the option of linking the App to their My ServiceOttawa (“MySO”) account for accessing including for submitting a service request. Use of MySO is subject to the MySO Terms of Service available at: https://myservice.ottawa.ca/profile/register. If the user does link to MySO, a unique service request ID is stored on the device that enables the user to track their service request in the App. Users are able to disable notifications by disabling notifications from the App on their device or may opt-in/out of receiving various types of notifications in the App itself. The City reserves the right to send urgent notifications through the App and add or remove features at any time.
Accuracy of Information and Third-Party Fees
The City has attempted to be as accurate as possible; however, it does not represent or warrant that the App, Contents or Submissions are uninterrupted, accurate, complete, reliable, current or error-free or that the City will correct any defect.
You are responsible for obtaining access to the App, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are solely responsible.
Limitation of Liability and Disclaimer of Warranties and Conditions
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP, CONTENTS AND SUBMISSIONS, OR OTHER PRODUCTS AND SERVICES ON THE APP ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS.
THE CITY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE APP, CONTENTS, SUBMISSIONS, OR OTHER PRODUCTS AND SERVICES CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(i) YOUR USE OF, OR ACCESS TO, OR INABILITY TO USE OR ACCESS THE APP;
(ii) ANY CONDUCT OR SUBMISSIONS OF ANY THIRD PARTY USING THE APP; INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY SUBMISSIONS OR OTHER INFORMATION, INCLUDING PERSONAL INFORMATION, OBTAINED BY A THIRD PARTY FROM YOUR USE OF THE APP;
(iv) YOUR FAILURE TO DISABLE THE NOTIFICATION AND/OR LOCATION COLLECTION DATA FEATURE IN YOUR ELECTRONIC DEVICE OR SMARTPHONE; AND
(v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL PRINCIPLE.
YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE APP AND THAT YOU BEAR THE SOLE RISK OF ACCESSING OR USING THE APP AND SUBMITTING OR POSTING SUBMISSIONS TO THE APP, INCLUDING FOR THE POSTING OF SUBMISSIONS THAT CONTAIN PERSONAL INFORMATION WHICH MAY INDENTIFY YOU OR YOUR LOCATION.
The App may not be used as a substitute for any advice and/or information, including medical, legal, financial investment or professional.
Copyright and Intellectual Property Rights
Except with respect to your Submissions, but subject to the provisions below under the heading “Submissions and Conduct”, the City owns the intellectual property rights, including copyright, or has acquired the necessary licenses in the information on this App, including all text, graphics, images, HTML code, multimedia clips, icons, the selection and compilation of the contents of the App (collectively the “Contents”).
The Contents and its compilation are protected by Canadian and international intellectual property, copyright and trademark laws. Unauthorized use of the Contents may violate copyright, trademark and other laws. Copying, repackaging, redistributing or modifying the Contents, in whole or in part, in printed or electronic format, is strictly prohibited.
Subject to the terms and conditions of this Agreement and your compliance with this Agreement, the City grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and make personal use of the App for non-commercial purposes. You are prohibited from modifying the App or its Contents in any manner whatsoever.
Any unauthorized use of the App automatically terminates the license and all limited rights or permission granted by the City.
You are fully responsible for any consequences resulting from use of the App.
Unless expressly stated otherwise, any new features that augment or enhance the App are covered by this Agreement.
You agree to comply with the following as a condition of using the App:
- comply with all applicable laws and this Agreement when using the App;
- be responsible for obtaining the data network access necessary to use the App and for any data and messaging rates and fees that may apply; and
- be responsible for acquiring and updating compatible hardware or devices necessary to use the App.
You agree not to engage in any of the following prohibited activities as a condition of using of the App:
- remove any copyright, trademark or other proprietary notices from any portion of the App;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as expressly permitted by the City;
- disassemble, decompile, reverse engineer or reduce to human-readable form the App except as may be permitted by applicable law;
- copy, modify, link to, mirror, frame, or download any portion of the App in any form or media except as permitted by the City;
- transmit spam, chain letters or other unsolicited email through the App;
- use the App in any unlawful, illegal, fraudulent or harmful way, including posting abusive, vulgar, obscene, hateful, threatening or any other materials that may violate an applicable law;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and functionality of any aspect of the App;
- attempt to gain unauthorized access to or impair any aspect of the App or its related systems, security or networks;
- use the App for any commercial solicitation purposes;
- impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
- damage, disable, overburden or impair the App or interfere with any other party's use and enjoyment of the App; and
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the App including by uploading invalid data, viruses, worms or other software through the App.
Submissions and Conduct
You may make Submissions through the App. If you make Submissions through the App you hereby grant the City an irrevocable, non-exclusive, royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions worldwide. You irrevocably waive all moral rights to such Submissions. You represent and warrant that you own or otherwise control all rights to any Submissions made and that your Submissions do not violate this Agreement, are not defamatory and do not infringe upon any applicable laws. You understand that if your Submissions are used or published, the City does not guarantee any confidentiality with respect to the Submissions. The City does not assume responsibility for the content or quality of any Submissions made to the App.
You are not entitled to any compensation or reimbursement of any kind from the City for your Submissions under any circumstances.
If you make Submissions that are untrue, inaccurate, offensive, defamatory, threatening, obscene, not current, incomplete, or generally of a nature that does not pertain to the designated topic or theme, or the City has grounds to suspect that such information is untrue, inaccurate, offensive, defamatory, threatening, obscene, not current, incomplete or generally of a nature that does not pertain to the designated topic or theme, the City has the right to suspend or terminate your account and refuse you current or future use of the App (or any portion thereof).
You acknowledge that the City may or may not pre-screen Submissions that are shared, but that the City has the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Submissions that are available through the App. In addition, he City has the right to remove any Submissions that violate this Agreement or are otherwise deemed objectionable in the City’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of the Contents or Submissions, including any reliance on the accuracy, completeness, or usefulness of the Contents.
Third Party Links
Links to third-party websites are provided solely as a convenience to you. These other websites are independently developed by parties other than the City and the City assumes no responsibility for the accuracy or appropriateness of the information contained in such websites. The inclusion of any link to another website does not imply an endorsement by the City and should not be construed as an endorsement of that party or its product or services. If you decide to access linked third-party websites, you do so entirely at your own risk.
Modification, Severability and Waiver
The City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App (or any part of it), with or without notice. You agree that the City will not be liable to you or to any third party for any modification, suspension or discontinuation of the App (or any part of it).
Your use of the App is subject to this Agreement as posted on the App at the time of use. In the event any of the terms or conditions in this Agreement should be determined to be invalid, void or for any reason unenforceable, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
The City’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Revised Agreement and Notice
The City may provide you with notices regarding the App, including changes to this Agreement, by email, SMS, postings on the App or any other reasonable means now known or hereafter developed. Notices are effective immediately. The City reserves the right to revise the Agreement or to suspend, terminate or modify any features of the App, including your access to the App. Once the City has provided you with notice regarding the revised Agreement or have made changes to the App, your continued usage of the App will mean that you have accepted those changes, and so, please check the date of the last revision of the Agreement, as noted above, before using the App. You may not change the Agreement in any manner.
Such notices may not be received if you violate this Agreement by accessing the App in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered if you accessed the App in an authorized manner.
Request for Permission and/or Further Information
Any use beyond the scope permitted by this Agreement requires express written permission from the City. The requirements for obtaining written permission may include but is not limited to an additional formal license agreement to which a license fee may apply. Contact the City for a link or a telephone number to request further information.
You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your use of the App, including, but not limited to, your connection to the App, your use of the Contents of the App, your Submissions to the App, or your use of a third party’s Submissions to the App.
If you violate this Agreement or other policies and guidelines posted on this App, your permission to use the Contents automatically and immediately terminates and you must immediately destroy any copies you have made of the Contents or of Submissions. The City reserves all of its rights at law and in equity.
Governing Law and Jurisdiction
The use of the App is governed by the laws in force in the Province of Ontario and Canada including by-laws of the City. You agree to submit to the exclusive personal jurisdiction and venue of the courts located in Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you have any questions or comments regarding this Agreement, please contact Robert Giggey by email at firstname.lastname@example.org.
You may not assign this Agreement without the City’s prior written approval. The City may assign this Agreement without your consent. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you and the City as a result of this Agreement.