Terms and Conditions

The Platform Terms of Use

Updated 11th January 2020


Introduction
Thank you for visiting this consultation platform, OpenConsult, which is provided by Aphelion Limited trading as CiviQ. CiviQ is acting as data processors for the organisation that is the data controller for this platform, Galway City Council.  These terms relate to how the platform should be used to provide a safe and positive environment for everyone.

By registering with the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree you may not use the Platform and should close your account (see below).

About OpenConsult
OpenConsult consultation portal  (hereinafter referred to as “the Platform")  is a platform to create online consultation documents, participate in these consultations by making submissions, commenting, sharing and supporting others submissions where relevant, using text, links, profiles, audio, pictures, videos and other media (hereinafter referred to as “Material") appropriately.


Privacy
Your privacy is very important to us. Please read the Privacy Policy to see how Aphelion Ltd (t/a CiviQ) collects, use and protect your personal information as data processors on behalf of the Consulting Body. We recommend that you read this before you use or register with the Platform.

Changes to these Terms of Use
We may change, modify, add to, or delete portions of these Terms of Use. The site will indicate when the Terms have been updated and we encourage you to inform yourselves of the updates. Your use of the platform implies acceptance of the Terms of Use. 

Your use of the Platform

Representing a company or other entity
If you are using the Platform as a representative of a company or other entity (including, but not limited to Charity or Volunteer organisations, Student’s Unions, Trade Unions, Academic Institutions, Chambers of Commerce, Departments of Government) you represent that you have the authority to enter into these Terms of Use on behalf of that company or entity, and agree that the terms “you” and “your” in this agreement refers to your company or other entity

What you agree to when joining the Platform
It is your responsibility, bearing in mind the global nature of the Internet, to comply with all applicable laws which may apply to your use of the Platform and to the material you post.

Aphelion Limited t/a CiviQ accepts no liability for any Material posted on the Platform by users. Aphelion Limited is not responsible for and does not endorse the contents of user’s comments or warrant the accuracy, truthfulness, legality or reliability of comments.
 

Engaging responsibly

To ensure fair use, and safe community space, you agree to NOT use the Platform to:

  • post illegal or abusive Material
  • treat others with disrespect
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights
  • (such as rights of privacy and publicity) of others
  • identify or speculate as to the identity of any anonymous or pseudonymous user
  • solicit personal information from anyone under 18
  • harm minors in any way
  • solicit passwords or personally identifying information
  • attempt to gain unauthorised access to the Platform administrative areas or interface, to user accounts, computer systems or networks connected to the the Platform site, through password mining or any other means
  • post Material that contains violence, or offensive subject matter or contains a link to an adult website
  • post Material that promotes or encourages illegal activity facilitate or encourage any
  • post Material that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right or intellectual property right of any party
  • post Material that contains software viruses or harmful programs



Your account and its details
As part of the registration process, you will be asked to create a password and you will be responsible for all activities occurring under your username and for keeping your password secure. We strongly recommend you do not reuse a password which you also use elsewhere.

You agree not share your account with anyone. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You may change your password or profile by following instructions on the site .

Aphelion  Limited will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.


Posting on the Platform
You are solely responsible for your conduct and any Material that you submit, post, and/or display on the Platform. You agree not to post Material contrary to the Moderation policy.


Defamatory Content
the Platform Limited operates on a "notice and takedown" basis. If you believe that any content on the Platform contains a defamatory statement, please raise it immediately with the official body or department responsible for the consultation to which the content relates.


Rights of Aphelion Limited

Indemnity and waiver
You agree to indemnify, defend (at the request of Aphelion  Limited), and hold harmless Aphelion  Limited our contractors, employees, technology providers, from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:
1.    Your use of the Platform or any part thereof,
2.    The violation of these Terms of Use, our Privacy Statement, our Moderation policy by you,
3.    The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Platform,
4.    The infringement of any intellectual property rights of any person or entity.


Governing law
The agreement shall be governed by Irish law.


About Aphelion  Limited
Aphelion Limited is an Irish company Registered No. 518067

Contacting Aphelion Limited T/A  CiviQ.EU
You can contact us at info@civiq.eu