Website Use and Privacy Terms
1. Introduction
These Terms ("Terms") govern your access to and use of the PublicGate website ("Site"), including all associated services, features, and functionalities provided by PublicGate ("Provider"). By accessing or using the Site, you agree to comply with these Terms.
If you do not agree with these Terms, you must not use the Site.
2. Definitions
"Users" shall refer to individuals or entities that access, browse, or use the Site. The term "you" is used interchangeably with "Users" in these terms and conditions.
"Client" shall mean the organisation or individual utilising the Software Service to create, manage, and schedule rounds of public participation in project developments.
"Software Service" shall refer to the online platform and its associated services, including functionalities for managing and scheduling public participation rounds.
"Public Participant Data" shall refer to the comments, supporting documentation, and any personal information provided by an individual (or group of individuals) through the Site.
3. Acceptance and Changes of Terms
By accessing or using the Site, or submitting Public Participant Data, you agree to abide by these Terms.
The Provider reserves the right to modify these Terms at any time. You will be notified of any changes through the Site or via email. Continued use of the Site after such changes constitutes acceptance of the modified Terms.
4. Data Collection and Use
The Site collects Public Participant Data on behalf of the Client and uses it exclusively for facilitating public participation in Projects.
The Provider will handle all Public Participant Data in accordance with applicable data protection laws.
Public Participant Data will be displayed exactly as provided and will not be altered or modified by the Provider.
5. Data Protection and Retention
The Provider implements appropriate technical and organisational measures to protect Public Participant Data against unauthorised access, loss, or destruction.
Public Participant Data will be retained for an indefinite period to ensure the integrity and accuracy of the data as originally submitted. This retention is essential for the Provider to verify the content and prevent any alterations. Additionally, the retention of Public Participant Data will comply with applicable legal requirements.
6. Confidentiality
The Provider acknowledges and agrees that any Public Participant Data received will be handled with the utmost confidentiality and will not be disclosed to any third parties without prior consent, except as required by law or necessary for providing the Software Services.
While the Provider implements reasonable security measures to protect Public Participant Data and confidential information, the Provider cannot guarantee absolute confidentiality.
By submitting Public Participant Data or other confidential, sensitive or personal information to the Site, you acknowledge and agree that:
The Provider is not responsible for any unauthorised access, disclosure, or use of such information that occurs despite reasonable security measures.
You are responsible for ensuring that any Public Participant Data submitted does not contain confidential or sensitive information that you do not wish to be disclosed.
Public Participant Data submitted to the Site may be shared with Clients for the purpose of facilitating public participation and may be subject to public disclosure as part of the consultation process as required by relevant laws.
Clients are responsible for handling any Public Participant Data they receive in accordance with applicable confidentiality and data protection laws.
The Provider will not be liable for any loss, damage, or harm resulting from the disclosure of confidential information through the Site, except as required by law.
7. Access and Use of the Site
You are granted a non-exclusive, non-transferable right to access and use the Site solely for the purpose of viewing and/or participating in public consultations and submitting Public Participant Data.
You agree to use the Site solely for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site.
Prohibited activities include, but are not limited to:
Posting or transmitting any material that is unlawful, fraudulent, defamatory, obscene, threatening, invasive of privacy, infringing on intellectual property rights, or otherwise objectionable.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Engaging in any form of automated data collection, such as scraping, data mining, or harvesting, without prior written consent.
Interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available.
You are responsible for ensuring that any Public Participant Data submitted is accurate, reliable, and relevant to the purpose and substance of public participation. Public Participant Data must not contain profane, obscene, or otherwise inappropriate content.
You must ensure that your use of the Site does not violate any applicable local, national, or international laws or regulations.
The Provider reserves the right to remove any content that violates these Terms or is deemed inappropriate, without prior notice.
The Provider reserves the right to suspend or terminate access to the Site for anyone who violates these Terms or engages in behaviour that is deemed harmful to the Site or its Users.
8. Intellectual Property
All intellectual property rights in the Site, including software, content, and associated materials, are owned by the Provider or its licensors. Users do not acquire any rights to such intellectual property other than the right to access and use the Site as specified in these Terms.
All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of the Provider or its licensors and is protected by copyright laws. Unauthorised use, reproduction, modification, distribution, or display of any content is strictly prohibited.
9. Disclaimers and Limitation of Liability
The Provider does not endorse or take responsibility for the content, accuracy, reliability, or legality of any Public Participant Data. The views expressed in Public Participant Data are those of the individuals (or group of individuals) submitting them and do not reflect the views of the Provider. The Provider does not review or control Public Participant Data and is not liable for any defamatory, offensive, or illegal content submitted.
The Provider disclaims all responsibility for any actions taken based on Public Participant Data. Users should exercise caution and discretion when interpreting or relying on Public Participant Data.
The Provider is not responsible for the content published by Clients on the Site. The Provider does not review or control such content and is not liable for any defamatory, offensive, or illegal content posted by Clients.
The Site may contain links to third-party websites or services that are not owned or controlled by the Provider. The Provider is not responsible for the content or privacy practices of those websites or services and disclaims any liability for any damages or losses arising from your use of them.
The content on this Site is for informational purposes only and does not constitute legal, financial, or professional advice. Users should consult with a professional before making any decisions based on the information provided on the Site.
The Provider does not warrant that the Site or Software Service will be available at all times or that they will be free from errors or interruptions. The Provider is not responsible for any loss or damage resulting from any downtime or service interruptions.
The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits, data, or goodwill, arising from the use of or inability to use the Site or Software Service.
The Site may contain content not authorised for use by its owner and may be used under the principles of "fair use" as defined by applicable copyright laws, including use for purposes of commentary, criticism, news reporting, teaching, scholarship, or research. Such uses are permitted only to the extent they qualify as fair use under the law. You are responsible for ensuring that your use of any such content complies with the fair use requirements.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or related to these Terms or the use of the Site shall be subject to the exclusive jurisdiction of the courts in South Africa.