Terms of Use

EngageMB – TERMS OF USE

Revised as of July 15, 2020

The Government of Manitoba (“Manitoba”) through the Department of Finance has established and maintains a website known as EngageMB (“Site”). The purpose of the Site is to proactively engage Manitoba citizens in meaningful dialogue and garner input on emerging topics to better support government decision-making. This Site is hosted for Manitoba by Bang the Table Pty Ltd., (“Bang the Table”).

In these Terms of Use, “we”, “us” and “our” refers to Manitoba and Bang the Table and “you” refers to any person or entity using the Site.

BY USING THE SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN DO NOT USE THE SITE.

1. Information at the Site

The Site presents information provided by users of EngageMB. We make no representations as to the accuracy of the information presented at or via the Site that has not expressly originated with us.

By using the Site, you agree that we and our officers, employees and agents are not responsible for:

the accuracy or otherwise of the information displayed or omitted from the Site or any Linked Sites;
any person’s reliance on the information presented on the Site or any Linked Sites;
any loss in connection the use of the Site or any Linked Sites.

2. Registration Information

You agree to:

submit only true, accurate, current and complete information about yourself as prompted by the Site’s registration procedure (the “Registration Data”); and
maintain and regularly update the Registration Data to keep it true, accurate, current and complete.

As part of the Registration Data, you must provide us with your name and email address. If you provide information that is untrue, inaccurate, not current or complete, or we suspect that you have provided such information falsely, we may suspend or terminate your account and refuse any and all current or future use of the Site, or part of it.

3. Privacy Policy

Registration Data and certain other personal information about you is subject to our Privacy Policy. For more information, please see our full privacy policy here.

4. User Account, Password and Security

After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You agree that:

you are responsible for maintaining the confidentiality of your password and account;
you are fully responsible for all activities that occur under your password or account;
you must immediately notify us of any unauthorized use of your password or account or any other breach of security;
you must create no more that one user account at the Site;
we, or our agents, may require access to your user account to respond to service or technical issues; and
subject to any requirements at law, we or any providers of Linked Sites or other services offered from the Site may send emails, newsletters or other information to your user account.

5. User Conduct

You understand and agree that:

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;
you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these Terms of Use;
you do not have the right to:
- post Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, surveys, contests or any of the form of solicitation;
- transmit Content that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment;
- transmit content that harms minors in any way;
- impersonate any person or entity, including without limitation, one of our representatives or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- create a false identity for the purpose of misleading others as to your identity or the originator of a message;
- 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;
- attempt to gain unauthorized access to the Site, other user accounts, computer systems or networks, through password mining or any other means;
- intentionally or unintentionally violate any applicable laws and any regulations having the force of law in Canada;
- “stalk” or otherwise harass another user; or
- interfere with another user’s use and enjoyment of the Site.

You also agree and acknowledge that:

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;
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;
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:
- comply with an obligation;
- enforce the Terms of Use;
- respond to claims that nay Content violates the rights of third parties; or
- protect the rights, property, personal safety, or business interests of us, users of the Site or the public,
the technical processing and transmission of the Site, including your Content, may involve transmission over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

6. Indemnity and Release

In many situations, we allow users the freedom to use the Site and therefore have no control over the Content of the Site. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, as well as our officers, employees and agents, harmless from any claim or demand, including reasonable legal fees, made by a third party due to or arising out of:

Content you submit, post to or otherwise transmit through the Site;
your use of or connection to the Site;
your violation of these Terms of Use; or
your violation of any other’s rights.

7. General Practices Regarding Use and Storage

You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site.

You acknowledge that we:

are entitled to log off any account that is inactive for an extended period of time;
are entitled to change these general practices and limits at any time; and

may, in our 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.

8. Modifications

We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part thereof), with or without notice, temporarily or permanently without liability to you or any third party.

9. User Account Termination

You agree that we may, in our sole discretion and with or without notice to you, terminate your password, account or use of the Site (or any part thereof), and remove and discard any Content within the Site for any reason, including without limitation, where a breach of copyright has been recorded.

You agree that we may, in our sole discretion and at any time, discontinue providing this Site (or any part thereof) to you, with or without notice, and without any liability to you or any third parties.

You agree that termination of your access to the Site under any provision of these Terms of Use 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, including barring any further access to such files or the Site.

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.

10. Dealings with Third Parties

Your communications or dealings with third parties found at or via the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third parties.

11. Proprietary Rights

You acknowledge and agree that:

the Site and any necessary software used in connection with the Site, including but not limited to software known as Engagement HQ™, (the “Software”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and
the Content contained in the information presented to you via the Site or via third parties is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by us 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.

You agree not to access the Site by any means other than through the website and interfaces that are provided by us for use in accessing the Site.

12. Disclaimer of Warranties

You expressly understand and agree that:

your use of the Site is at your sole risk; and
the Site is provided on an “AS IS” and “AS AVAILABLE” basis.

We expressly disclaim all warranties of any kind capable of exclusion, whether express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purposed and non-infringement.

We make no warranty that:

the Site will meet your requirements;
the Site will be uninterrupted, timely, secure or error-free;
the results that may be obtained from the use of the Site will be accurate or reliable;
the quality of any products, services, information or other material purchased or obtained by you through the Site will meet with your expectations; or
that any errors in the Software will be corrected.

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.

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 these Terms of Use.

13. Limitation of Liability

You understand and agree that we, our related bodies corporate and the officers, employees and agents of each are not liable for any damages, or economic or other loss or damage, whether direct, indirect, incidental, special, consequential or exemplary, even if we have been advised of the possibility of such damages, arising out or any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including, without limitation, loss of profits, goodwill, use, date or other intangible losses) or in respect of:

the use of, or inability to use the Site;
messages received of transactions entered into with third parties via or from the Site;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Site; or
any other matters relating to the Site.

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.

In no event will we, or any of our officers, employees or agents, 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 under any theory of liability (including negligence) arising out of or related to your use of the Site.

14. Notice

Notices must be in writing and may be given by hand, ordinary pre-paid post, facsimile or email. A notice by us to you is taken to be given and received:

if delivered by hand, when delivered;
if delivered by pre-paid ordinary post, on the second business day after posting;
if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
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.

15. Trademark Information

The Government of Manitoba’s official mark (bison) and other Manitoba logos and product and service names are trademarks of Manitoba.

The Bang the Table trademark and other Bang the Table logos and products and service marks are trademarks of Bang the Table.

You agree not to display or use the Manitoba or Bang the Table trademarks in any manner without our prior permission.

16. Copyright

We respect the intellectual property of others, and we ask our users to do the same.

When using the Site you may provide us with information about yourself and other matters. You grant us rights to use or otherwise exploit all of this information and all information derived or generated from it, in all existing or future media. These rights include without limitation the right to search the information, and consistent with our privacy policy, to repackage and market it to anyone for any reason.

For the purposes of this clause 16, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback and other information or data displayed or presented by you on the Site.

17. Consent to Receive Email Updates

From time to time, Manitoba may send you emails providing you with information about consultations in which you have participated or consultations and websites in which you may be interested based upon your past site activities.

Your consent to receive these emails does not affect your ability to opt out of receiving emails by activating the ‘opt out’ option included in each email.

18. General Information

These Terms of Use constitute the entire agreement between you and us, and governs your use of the Site, superseding any prior agreements between you and us.

You will be subject to additional terms and conditions that may apply when you use Linked Sites, affiliate services, third party content or third party software.

These Terms of Use and the relationship between you and us is governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You and we agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within Manitoba.

Our failure to exercise or enforce any right or provision of these Terms of Use must not be treated as a waiver of the right or provision.

If any provision of these Terms of Use are 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 any other provisions of these Terms of Use will remain in force and effect.

You agree that regardless of any laws to the contrary, any claim or cause of action arising out of or related to the use of this Site or these Terms of Use must be filed within one (1) year after the claim or cause of action arose, or be forever barred.

Your rights and obligations under these Terms of Use 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.

Headings used in these Terms of Use are for convenience only and do not affect interpretation. Please check the EngageMB website for any updated versions of these Terms of Use.

We reserve the right to change these Terms of Use and conditions from time to time without prior notification to users.

This Site is hosted for Manitoba by Bang the Table Pty Ltd.

Last modified: July 15, 2020