This site is hosted for Ipsos Public Affairs and Canadian Heritage by Bang the Table Pty Ltd.
2. ACCEPTANCE OF TERMS
3. INFORMATION AT THE SITE
4. REGISTRATION INFORMATION
6. USER ACCOUNT, PASSWORD AND SECURITY
7. USER CONDUCT
8. INDEMNITY AND RELEASE
9. GENERAL PRACTICES REGARDING USE AND STORAGE
10. MODIFICATIONS AND DISCONTINUANCE
11. USER ACCOUNT TERMINATION
12. DEALINGS WITH THIRD PARTIES
13. Bang the Table PROPRIETARY RIGHTS
14. DISCLAIMER OF WARRANTIES
15. LIMITATION OF LIABILITY
16. EXCLUSIONS AND LIMITATIONS
18. TRADE MARK INFORMATION
20. CONSENT TO RECEIVE EMAIL UPDATES
21. GENERAL INFORMATION
Canadian Heritage and Ipsos Public Affairs welcomes your ideas and comments and expects that conversations will follow the general rules of respectful civil discourse. You are fully responsible for everything that you submit. Please keep your submissions relevant. Submissions that are inappropriate and violate these policies will result in the moderation team deleting the comment. In short, be respectful and make sure your comments are relevant to the topic. Please note that comments that are offensive to an individual or to an organization, rude in tone, or abusive will not be tolerated.
We do not discriminate against any views but reserves the right to edit or remove any comments that are:
- contrary to the principles of the Canadian Charter of Rights and Freedoms
- contrary to the Values and Ethics Code for the Public Sector, and the Policy on Harassment Prevention and Resolution (applicable to PCH employees only)
- racist, hateful, sexist, homophobic, slanderous, insulting, or life-threatening messages
- serious, unproven, unsupported, or inaccurate accusations against individuals or organizations
- abusive, aggressive, coarse, explicit, vulgar, violent, obscene, or pornographic comments
- personal attacks and/or defamatory statements
- comments that encourage or suggest illegal activity
- messages where the sender is not the author (nor the copyright holder if applicable)
- solicitations, advertisements, or endorsements of any financial, commercial or non-governmental agency
- announcements from labour or political organizations
- messages written in a language other than English or French
- comments from an unidentified author
- repetitive posts copied and pasted by multiple users
- unintelligible or irrelevant messages
- messages posted using all CAPS (it is difficult to read and is interpreted as yelling)
- messages that are too far off-topic
- any other message that the forum moderators feel will not add to the normal flow of conversation
2.2. Before you access the Site, it is important that you understand and agree to the TOU.
2.3. We will be changing the TOU from time to time without notice to you. You must regularly review the latest version of the TOU, as it will be the terms upon which you access the Site at all times. The most recent version of the TOU can be seen in this Terms and Conditions Page. You should bookmark the page so that you may conveniently review the TOU when you use the Site.
2.5. Please contact us at firstname.lastname@example.org, or <Suite 15, 104 Moor Street Fitzroy VIC 3065 > if you see anything that violates the TOU.
3.2. By using the Site you agree that Canadian Heritage, Ipsos Public Affairs, and Bang the Table Pty Ltd and any of its subsidiaries or related bodies corporate or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Site or Linked Sites;
b) any person's reliance on the information presented on the Site or on Linked Sites;
c) any loss in connection with the use of the Site or any Linked Site.
a) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the Registration Data) and
b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.
a) you are responsible for maintaining the confidentiality of your password and account;
b) you are fully responsible for all activities that occur under your password or account;
c) you must immediately notify Bang the Table Pty Ltd of any unauthorised use of your password or account or any other breach of security;
d) you must create no more than one user account at the Site;
e) we, or our agents, may require access to your user account to respond to service or technical issues;
f) subject to legislative conditions, we or any providers of Linked Sites or other services offered from the Site may send emails, newsletters and other information to your user account.
a) all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated;
b) you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these TOU.
c) you do not have a right to:
i. post Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
ii. transmit Content that is or includes unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation, except in those areas of the Site (such as shopping rooms) that are designated for that purpose;
iii. transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
iv. transmit Content that harms minors in any way;
v. 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;
vi. create a false identity for the purpose of misleading others as to your identity or the originator of a message;
vii. 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;
viii. attempt to gain unauthorised access to the Site, other user accounts, computer systems or networks, through password mining or any other means;
ix. intentionally or unintentionally violate any applicable law including without limitation laws of Australia, Canada and New Zealand and any regulations having the force of law;
x. "stalk" or otherwise harass another user;
xi. interfere with another user's use and enjoyment of the Site;
xii. collect or store personal data about other users of the Site; or
xiii. make any unauthorised commercial use of the Site.
7.2. You also acknowledge and agree that:
a) we do not generally pre-screen or monitor Content or use of the Site, but that we and our designated agents have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Site.
b) you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
c) we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to:
i. comply with an obligation;
ii. enforce the TOU;
iii. respond to claims that any Content violates the rights of third parties; or
iv. protect the rights, property, personal safety, or business interests of Bang the Table, users of the Site or the public.
d) the technical processing and transmission of the Site, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
7.3. You agree to comply by the moderation rules
a) Content you submit, post to or otherwise transmit through the Site,
b) your use of or connection to the Site,
c) your violation of the TOU, or
d) your violation of any other's rights.
9.2 You acknowledge that Bang the Table:
a) is entitled to log off any account that is inactive for an extended period of time;
b) is entitled to change these general practices and limits at any time,
c) may, in its absolute discretion, with or without notice to you delete, modify or otherwise deal with any Content stored at the Site and any of your user profile information or account at the Site.
11.2. You agree that Bang the Table may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.
11.3. You agree that termination of your access to the Site under any provision of these TOU may occur without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/ or bar any further access to such files or the Site.
11.4. If your account or access to the Site is terminated for any reason, you must immediately cease using the Site and Software. Termination does not affect any of our accrued rights or liabilities.
12.2. You agree that Bang the Table is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
a) the Site and any necessary software used in connection with the Site, including but not limited to the software known as Engagement HQ™, (the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and
b) the Content contained in sponsor advertisements or information presented to you via the Site or via third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
13.2. Except as expressly authorised by Bang the Table or third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
13.3. You agree not to access the Site by any means other than through the website and interfaces that are provided by Bang the Table for use in accessing the Site.
a) your use of the Site is at your sole risk;
b) the Site is provided on an "as is" and "as available" basis.
14.2. We expressly disclaim all warranties of any kind capable of exclusion whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14.3. We make no warranty that:
a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and
e) any errors in the Software will be corrected.
14.4. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14.5. No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in the TOU.
a) the use of, or the inability to use the Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site.
f) you specifically acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.4. In no event will we be liable for any loss of profits, cost of cover, loss of data, or any special, incidental, indirect or consequential (or similar) damages under the laws of any jurisdiction, however caused and on any theory of liability (including negligence) arising out of or related to your use of the Site.
a) if delivered by hand, when delivered;
b) if delivered by prepaid ordinary post, on the second business day after posting; and
c) if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
d) if delivered by email, one business day after sending.
17.2 We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site.
18.2. You agree not to display or use the Bang the Table Marks in any manner without our prior permission.
19.3. As used in this clause 20, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented by you on the Site.
20.2. You consent to receive these emails though this does not affect your ability to opt out of receiving emails by activating the 'opt out' option included in each email.
21.2. You will be subject to additional terms and conditions that may apply when you use the Linked Sites, affiliate services, third party content or third party software.
21.3 The TOU and the relationship between you and us is governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales.
21.4. Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.
21.5. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then the 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 remain in full force and effect.
21.6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one year after the claim or cause of action arose, or be forever barred.
21.7. 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.
21.8. Headings in the TOU are for convenience only and do not affect interpretation.
21.9. Bang The Table Pty Ltd reserves the right to change these terms and conditions from time to time without prior notification of users.
21.10. This site is hosted for Canadian Heritage and Ipsos Public Affairs by Bang the Table Pty Ltd.