Terms and Conditions

Acceptance of Terms

In these terms and conditions (Terms), we, us and our means the Town of Ajax and you and your means the person or business who uses a Device to access the Services available through the Portal (collectively, the “Portal”). These Terms govern your use of the Portal and the Services, including any use by agents or delegates who may access the Portal on your behalf.

By accessing and using the Portal or the Services, you agree that:

1. You have read and agree to be bound by these Terms; and
2. If you are accepting these Terms on behalf of a Business, including a corporate entity, you have the authority to legally bind the entity to these Terms, and acknowledge that both you and the entity will be bound by these Terms.

You can print or save these Terms using the print or save function in your browser. We will email you a copy or provide a link to these Terms to the email address you provided when registering for the Services.

No changes to other agreements

Unless expressly provided otherwise herein, these Terms do not amend or replace any other agreement you may have with us (now or in the future), including regarding the collection, use, and disclosure of your personal information. All of the terms of your other agreements with us continue to apply.

Please see the “Definitions” section at the end of these Terms for any other capitalized words not otherwise defined.

Services

Under these Terms, the Services mean the features, functionality, and information provided by us via the Portal. The Services currently available through the Portal include submitting service requests to inform the Town of an issue, provide feedback, or to request information.

Some of the Services may be provided in whole or in part by Service Providers engaged by us. The Services and the Portal may not be accessible at all times and the functionality, features, content or information on the Portal may change or may not always be available.

Privacy Protection

Our collection, use and disclosure of your personal information is regulated by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). You can find more information about your privacy rights at the website of the Information and Privacy Commissioner of Ontario, https://www.ipc.on.ca/

Your Personal Information

We will process the Personal Information that you upload via the Portal, and any other Personal Information that you otherwise make available to us through your use of the Services exclusively for the purposes of providing the Services, or as otherwise noted herein. You remain at all times the owner of your Personal Information. When you provide or upload Personal Information belonging to another person, you represent and warrant to us that you have obtained any consents to do so and to allow us to process the Personal Information for the purposes of providing the Services.

Collecting your Personal Information

We will collect information from and about you including information necessary to establish your identity and facilitate your use of the Portal (including your name, address, email address, telephone number and, if applicable, your employer).

Using Your Personal Information

The information we collect from and about you may be used by us for the following purposes:

• To establish a user profile on the Portal and provide you with Services;
• To communicate with you about your use of the Portal and the Services;
• To assist us in better understanding the needs of our users; and,
• As otherwise required or permitted by law.

Right to Access Your Personal Information

You may access the Personal Information we hold about you at any time and review its accuracy and, where appropriate, correct it. It is important to note that access to your personal information may be restricted in limited circumstances where permitted or required by applicable law. To access your personal information or ask questions about our privacy policies and practices, you may contact the Town’s Privacy team at privacy@ajax.ca or by telephone at 905-619-2529.

Our Privacy Practices

You can find more information about the Town’s access to information and privacy policies and practices by visiting Access to Information - Town of Ajax.

Communication

We will contact you using information you provide through the Portal. Except as provided for below in the “Notice and Changes” section of these Terms, email is our primary method of communication. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the Portal. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to contact you, or otherwise deliver Services to you.

Notice and Changes

Except as prohibited by law, we can change any part or feature of the Services without giving you notice. Following any such change, these Terms will continue to apply to all or parts of the Service. Subject to any applicable legal or regulatory requirements, we can also change these Terms by giving you notice of the change to the email address you provided when you created a user profile on the Portal, either before or after the changes take effect. When providing you notice we will also provide you with a copy or link to the updated Terms. If you use the Portal or Services after a change to these Terms, or after we have notified you of a change, you are deemed to have reviewed and accepted the new version of these Terms.

Security

You will be required to provide Credentials to access the Services. You authorize us to accept and you agree to be responsible for any instructions given by you or purported to be given by you using your Credentials. Any instruction will have the same legal effect as if it was a written instruction and signed by you. You are responsible for protecting your Credentials and all activity that occurs using your Credentials or account. We will not be responsible for any losses that may result if someone else uses your Credentials or your account, either with or without your knowledge. When using the Portal and accessing the Services, you agree that you will take all steps necessary to ensure that you do not reveal confidential information to anyone other than us. This includes making sure that other people cannot see your Device screen. You must also:

• Sign out after each session to prevent anyone else from accessing the Portal and Services. If you do not sign out of the Portal, you will remain signed into the Portal for 30 minutes or until you log out, if that is before 30 minutes;
• Not leave your Device unattended while signed into the Portal and you must take responsible steps and precautions to protect your Device against loss or theft;
• Not use Credentials to access the Portal or Services if the Credentials have been used for any other purpose, website or system;
• Use reasonable security measures which include an up-to-date virus scanning software and firewall system, if such security measures are available for your Device; and,
• Comply with any other security requirements that we may impose in connection with the Portal or Services.

Service Providers and Third Parties

We may choose to use Service Providers to provide, or assist us in providing, the Services. Service Providers retain all ownership rights, including intellectual property rights, in their services and to their trademarks and logos that may appear on the Portal. Nothing in these Terms, the Portal or the Services should be interpreted as providing you with any right:

1. To use Service Provider Services in any way other than as expressly permitted by these Terms; or,
2. To use any Service Provider trademarks or logos.

Compliance and Prohibitions

Your use of the Portal and access to the Services must comply with these Terms and all applicable laws. When using the Portal and accessing the Services, you will not:

1. Provide false, inaccurate or incomplete information;
2. Use the Portal or access the Services for any illegal, fraudulent, malicious, harassing, defamatory or frivolous or vexatious activity or purpose;
3. Use any robot, spider or other indexing device or service when using the Portal or accessing the Services;
4. Take steps or actions that could, or do, undermine the security, integrity, effectiveness or connectivity of the Portal or Services.

When you make use of any feature or Service that allows you to input or upload content to the Service, you declare and warrant that you have all necessary rights to submit such content and that such content does not infringe upon the rights of any third party.

Ownership

We grant you a non-exclusive and non-transferrable single-user license to use the Portal and access the Services, in accordance with these Terms. At any time, and at our sole discretion, we may limit, restrict, suspend, or terminate your ability to access the Portal, any of the Services, or both.

We retain all ownership rights, including without limitation, copyright, in the Portal. You agree not to copy, reproduce, transfer copies or reverse engineer the Portal. We have no obligation to provide any training, maintenance, or other assistance for the Portal.

The Town are the owners, or licensees, of all intellectual property rights subsisting on each screen made available through the Portal.

No Representations and Warranties

We are providing the Portal and Services to you on an “as is” and “as available” basis and do not make any representations or provide any warranties concerning them. Without limiting the foregoing, we expressly disclaim all warranties in connection with the Portal and in connection with the Services, whether express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability and non-infringement.

Liabilities and Indemnities

You are solely responsible for all information or content that you supply through the Portal and the Services. We will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to:

1. These Terms, the Portal and the Services; or,
2. Any instruction given to, by or purported to be given by you, in connection with the Services.

Such losses, damages, injuries, delays and inconveniences include, without limitation:

1. Direct, incidental, consequential, special, aggravated, punitive or exemplary damages;
2. Loss of data, profits, information, opportunity, revenues and goodwill;
3. Any other business interruption, commercial or economic losses.

The foregoing limitation of liability applies regardless of the cause of action, even if we have been advised of the possibility of such damages. Additionally, in no event, even if we are negligent, will we be liable for any loss or damage suffered by you that is caused by one or more of:

• The actions of, or any failure to act by a Service Provider;
• Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or any data given by you to us, or any Service Provider, including your failure to update;
• Any action or decision made by you in reliance on the Services or the Portal, or information or content they contain, or results obtained from use of the Services.
• Any delay, error, interruption or failure by us, or any third Party or Service Provider to perform or fulfill any of our obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;
• Unsecured communications being inaccurate, intercepted, reviewed or altered by others, or not received by you;
• Your access to the Services, including without limitation, any delay or inability to access the Services;
• Your failure to receive or view any communication that has been presented to you, and we will not be responsible for any delay, damage or inconvenience that such failure may cause; or,
• Your failure to fulfill any of your obligations under these Terms.

You release and indemnify us for any claim, cost and liability incurred:

1. As a result of your use of the Portal and any of the Services; or,
2. As a result of your breach of these Terms.

On-Screen Terms

There may be terms, conditions, instructions or disclaimers related to the Services, Service Providers, or Third Parties displayed on the screens in the Portal, or when you click on icons or links in the Portal. By using any of the Services, you must access and agree that the terms, conditions, instructions or disclaimers apply to your use and access to the applicable Services, Service Providers, or Third Parties, in addition to the terms and conditions of any other applicable agreements.

Records

Our records, including electronic records, and those of any Service Providers (whether used by them or us), regarding the Portal or the Services, including the retrieval, consolidation, organization and presentation of information, are final and conclusive. These records will be admissible in any legal, administrative or other proceedings. Additionally, electronic data and records will be admissible as conclusive evidence of the contents of those records in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic data or records into evidence.

Electronic Agreement

These Terms and any related terms, conditions, instructions, disclaimers or documents may be accepted in electronic form and your acceptance is binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms and any related documents because they were accepted or signed in an electronic form.

Severability

If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of these Terms. Any failure by us to enforce strict performance of any provision of these Terms does not mean that we have waived any provision or right.

Termination

At our sole discretion, we may terminate or refuse to permit the use of any Services on the Portal by any person, for any reason and without notice.

Governing Law

These Terms are entered into and governed by the laws of the Province of Ontario.

Definitions

Business means a person or entity who accesses the Services through the Portal, including any director, officer, employee, agent, contractor or other representative acting on behalf of the person or entity.

Device means any mobile device, computer, or other electronic device used to access the Portal and the Services.

Personal Information means information about an identifiable individual.

Portal means the Digital Plans Submission Portal made available by the Town and where members of the public can access the Services.

Town means the Corporation of the Town of Ajax.

Services means the Services as defined in the “Services” section of these Terms.

Service Provider means a party retained by us to act on our behalf to provide, or assist us in providing, the Portal and Services.

Terms means these Terms and Conditions.