311 App Terms and Conditions of Use
1. Acceptance of Terms
The Corporation of the City of Windsor (“City”) provides the Windsor 311 mobile application (“311 App”) to you (“you” or “yours”) subject to the following Terms and Conditions of Use Agreement (“Agreement”). By installing, accessing and using the 311 App, you agree to be bound by this Agreement. Please review these terms carefully before installation and or/acceptance. If you do not agree with any part of this Agreement, do not install, or immediately discontinue use of the 311 App.
2. Modifications and Severability
The City reserves the right at any time, and from time to time, to modify the 311 App Agreement with or without notice. By continuing to use the 311 App after those changes are made, you are expressing and acknowledging your acceptance of the changes.
Your use of the 311 App is subject to this Agreement, as posted on the 311 App at the time of use. In the event any of the terms or conditions in this Agreement should be determined to be invalid, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
By installing and using the 311 App, you are confirming that you are at least 18 years of age and are fully able and competent to accept and be bound by the terms of this Agreement.
If you are under 18 years of age, you must review this Agreement with your parent or guardian before using the 311 App to make sure that you and your parent or guardian understand the terms and agree to them. By installing, accessing and using the 311 App, you are representing that you have the consent of your parent or guardian.
If you have agreed to allow your minor child or a child for whom you are a legal guardian to use the 311 App, you are solely responsible for (i) the online conduct of the minor, (ii) monitoring the minor’s access to use of the 311 App, and (iii) the consequences of any use of the 311 App by the minor.
4. Personal Information
For certain service requests, you must provide your name and contact information so the City can appropriately respond to your request. For other service requests, providing this information is optional.
By installing and using the 311 App, you agree that the City may collect and use information about your mobile device, including but not limited to your mobile telephone number. Additionally, the location of your device may be logged. You bear the sole risk of making Submissions through the 311 App, including submitting information that may identify you or your location.
The City may collect and use your personal information for the purpose of collecting Submissions, collating Submissions, and responding to Submissions. All personal information requested or required by the 311 App is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act (Ontario) for the purpose of responding to your service request and enforcing municipal by-laws. If you have any questions regarding the collection and use of this information please contact:
Contact Centre Manager
The Corporation of the City of Windsor
400 City Hall Square
Windsor, Ontario N9A 7K6
5. Description of 311 App
The 311 App provides you with an application to (i) report a service request to the City, (ii) submit photographs relating to the service request, (iii) check on the status of the service request you have submitted, (iv) share your service request with a third party, or (v) view a request that was submitted and shared by a third-party user of the 311 App (collectively, the “Submissions”).
The City has attempted to be as accurate as possible. However, it does not warrant that the Contents or Submissions are accurate, complete, reliable, current or error-free.
You are not permitted to submit, and the City reserves the option to refuse to accept, service requests containing photographs or other information containing offensive or inappropriate material or images of identifiable individuals or other personally identifying information.
The 311 App is made available to you for free. However, your access may involve third-party fees (such as those of an internet service provider) for which you are solely responsible.
6. Limitation of Liability and Disclaimer of Warranties and Conditions
Your use of the 311 App is at your sole risk.
While care has been taken in the preparation of the 311 App and the content, the 311 App is provided on an “as is” basis and on an “as available” basis without any representation, warranty or condition, whether express or implied, statutory or otherwise, as to quality, accuracy, completeness, legality, currency, reliability, efficacy, merchantability, fitness for a particular purpose, uninterrupted access, error-free operation, the absence of viruses and other harmful components, quality of date (corrupted or otherwise), or information included (directly or indirectly). The city does not assume responsibility for the content or quality of the 311 app or any content therein.
You expressly understand and agree that the City is not liable to you 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 311 App;
(ii) Any conduct or submissions of any third party using the 311 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 311 App;
(iv) Your failure to disable the location collection data feature in your electronic device or smart phone;
(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 311 App and that you bear the sole risk of accessing or using the 311 App and submitting or posting submissions to the 311 App, including for the posting of submissions that contain personal information which may identify you or your location.
7. Copyright and Intellectual Property Rights
The 311 App and the content are protected by Canadian and international copyright and trademark laws. This includes all text, graphics, images, HTML code, multimedia clips, icons, and the selection and compilation of the contents of the 311 App (collectively the “Contents”).
The City retains all copyright, trademark, and all other rights in the Content. No portion of this material may be used, copied, packaged, repackaged, distributed, redistributed, transmitted, modified, or "mirrored" in any form, in whole or in part, or by any means without prior written permission of the City.
The City grants you a limited, non-exclusive, non-transferable licence to access and make personal use of the 311 App for the non-commercial purpose of submitting and reviewing service requests. You are prohibited from modifying the 311 App or its contents in any manner whatsoever.
No derivative use of the 311 App or its Contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools are permitted. Any unauthorized use of the 311 App automatically terminates the licence granted by this Agreement.
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 or loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your use of the 311 App, including, but not limited to: (i) any infringement of copyright, trademarks, or other intellectual property; (ii) your connection to the 311 App; (iii) your use of the 311 App or any contents therein; (iv) any Submissions made to the 311 App by you or another user; or (v) your use of a third party’s Submissions to the 311 App.
9. User Conduct
You provide 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 as the City deems appropriate. 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. 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 through the 311 App.
You are not entitled to any compensation or reimbursement of any kind from the City for your Submissions under any circumstances.
You agree and acknowledge that the City does not assume responsibility to pre-screen service requests and that the displaying of a service request, including any related photographs or geographic locations in the 311 App does not imply that the City has confirmed or accepted the validity of the service request.
If your Submissions are deemed 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 reasonable grounds to suspect that such information is untrue, 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 future use of the 311 App (or any portion thereof) and immediately terminate this Agreement without notice to you.
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 311 App. In addition, the City has the right to remove any Submissions that violate this Agreement or are otherwise deemed objectionable by the City. 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.
The inclusion of any third party link to another website or any external content 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 such third party external links or websites, you do so entirely at your own risk.
Third party content or websites are independently developed by parties, and the City assumes no responsibility for the accuracy or appropriateness of the information contained in such content or websites.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the 311 App, so long as the link does not portray the City, its officials, its employees, or its Contents, products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic, copyright, or trademark as part of the link without express written permission of the City.
If you violate this Agreement or other policies and guidelines posted on this 311 App, your permission to use the Contents automatically and immediate terminates, and you must immediately destroy any copies you have made of the Contents or Submissions. The City reserves all of its rights at law and in equity.
12. Governing Law and Jurisdiction
The use of the 311 App is governed by the laws in the Province of Ontario and Canada. You agree to submit to the exclusive jurisdiction and venue of the courts located in Windsor, Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. Entire Agreement
This Agreement constitutes all the terms and conditions agreed upon by you and the City and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
The City’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.