Welcome to Consensus. The Consensus.ai website (the "Website") and the Consensus mobile application(s) made available on the Apple AppStore, Google Play and other app stores (the “App”) are owned, operated and provided by Consensus Inc. ("Consensus", “we”, “our” or “us”). Through the Website and the App, Consensus makes available services (“Services”) that allow eligible citizens to vote on polls, surveys, or other democratic decision making processes (each a “Vote”) that are hosted through the Service by Consensus’ partners or clients (“Poll Requestor”).
Use of the Website and App including participating in any eligible voting activities (together, the “Services”) is governed by these terms and conditions of use (the "Terms").
1. ACKNOWLEDGEMENT AND ACCEPTANCE
1.1. By registering an account in order to access the Services or by simply accessing and using the Website or App or participating in a Vote, you agree to be bound by these Terms. Should you not wish to accept these Terms, you must exit the Website immediately and/or not install or delete any installation of the App on your personal devices.
1.2. Subject to applicable law, Consensus reserves the right from time to time, to modify or amend these Terms or any part of them. Your continued use of the Services or accessing the Website or App Activities once the changes take effect shall constitute an affirmative acknowledgement of any modification and your continued agreement to be bound by the modified Terms.
2.1. End User License
Except for User Content, the App, and the information and materials that it contains, are the property of Consensus and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Consensus grants you a non-transferable, non-exclusive, license to use one copy of the Application on the mobile device on which it has been installed by Consensus (the “License”). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Consensus or Consensus names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms.
2.2. Use of Service
Where you have subscribed for any Services, then Conditioned on the provisions of these terms Consensus shall make the Service available to you at its discretion.
3. TERMS OF PARTICIPATION
3.1. Consensus Registration Process
3.1.1. To use the Services, you need to register with Consensus and create a Voter Profile following the registration process set out below (the "Consensus Registration Process").
3.1.2. Prospective Voters must complete the Consensus registration process when registering for the Service, and may need to submit additional details if (i) they wish to take part in certain votes; and/or (ii) sufficient time has elapsed since the last date of validation of details. Registration process includes:
(a) Completing the form available on the Website and App, but may also include registration forms hosted on third party websites; and
(b) such other steps as Consensus may require from time to time.
3.1.3. During each Consensus Registration Process prospective Voters will be notified of any terms in addition to these Terms which shall apply to participation in any Vote.
3.1.4. You have to be 18 years or older to register for the Services.
3.2. Information you provide to us
In return for Consensus granting you access to the Services you agree to:
3.2.1. Provide true, accurate, current and complete information about yourself as prompted by the Consensus Registration Process;
3.2.2. Maintain and promptly update your personal details including the Voter Profile (defined below) so as to keep it true, accurate, current and complete; and
3.2.3. Provide, current and complete information about your cell number as prompted by Consensus whilst participating in any voting through the Services, or such other information as Consensus may reasonably require from time to time.
If you provide any information that is untrue, inaccurate, not current, incomplete or inconsistent with prior answers to identical questions, or Consensus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Consensus has the right to suspend or terminate your current access to, use of, and/or participation in the Services.
3.3. Your Voter Profile and Consensus Account
3.3.1. Once they have completed the Consensus Registration Process, Voters will be provided with a profile ("Voter Profile") and an account ("Consensus Account") for the Votes for which you are eligible to participate. Details of your profile such as location will determine your eligibility to participate in certain Votes.. Poll Requesters set the eligibility criteria for Votes, not Consensus.
3.3.2. Only one Voter Profile is permitted per individual.
3.3.3. A unique cell phone number must be used by each Voter.
3.3.4. Each Voter Profile and Consensus Account must only be accessed by an individual Voter, and may not be accessed by any other individual without the express permission and authorisation of Consensus. You agree to notify Consensus immediately you become aware of, or suspect any unauthorised use of your login information, Voter Profile and/or Consensus Account, or any other breach of security.
3.3.5. In the event of access to your Consensus Account by another individual, Consensus reserves the right to suspend your and/or that other individual’s account until a resolution has been reached.
3.3.6. Consensus reserves the right to terminate any Consensus Account that has been dormant for a period of 12 months or more. By ‘dormant’ we mean, where the Voter has not participated in the Consensus Panel or any related Consensus Activity within the preceding 12-month period.
3.4. Vote invitations
You acknowledge that:
3.4.1. if you register to the Services, we may send you notifications inviting you to participate in Votes, whether via sms, the Website or App;
3.4.2. if you wish to stop receiving such emails and notifications, you may terminate your account in accordance with paragraph 5.1 of these Terms; and
3.4.3. the content of any Vote is the sole responsibility of the Poll Requester, and is not administered, controlled or moderated in any manner by Consensus. Without limiting any other provision of these terms, Consensus disclaims any and all responsibility in respect of any Vote.
4. USER CONTENT
4.1. Use of the Services and participation in any Vote may involve you submitting responses and other content to us ("User Content") which may be visible to other users of the Services.
4.2. You acknowledge that User Content provided by you is your sole responsibility. This means that you, and not Consensus, are entirely responsible for all User Content you upload, post, link to, email or otherwise transmit via your use of the Services or your participation in any of the Consensus Activities or the Consensus Panel.
4.3. Consensus does not control or pre-screen the User Content posted on the Services and does not guarantee the accuracy, integrity or quality of such User Content, and therefore assumes no liability in respect of the User Content.
4.4. You understand that by using the Services, you may be exposed to User Content, and you agree that you must evaluate, and bear all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness. Notwithstanding the foregoing Consensus shall have the right in their sole discretion to refuse, edit, move or remove any such User Content, whether or not that content violates these Terms.
4.5. With respect to all User Content you elect to transmit to us (including User Content you post on the Services), you grant Consensus a royalty-free, perpetual, irrevocable, non-exclusive licence (with the right to sublicense) to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, exploit, perform and display such User Content (in whole or part) throughout the world and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purposes.
4.6. In the course of using the Services and/or participating in any Vote, you agree not to:
- Upload, post, link to, email or otherwise transmit any information that is unlawful in any way in the jurisdiction where you reside;
- Upload, post, link to, email or otherwise transmit any information that is defamatory, abusive, defamatory, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or is otherwise objectionable as determined by us in our sole discretion;
- Impersonate any person (whether living or dead) or entity;
- Forge headers or otherwise manipulate identities in order to disguise the origin of any content transmitted through the Services or provided through participation in a Vote;
- Upload, post, link to, or otherwise transmit any information that you do not have a right to transmit;
- Upload, post, link to, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "phishing emails", "pyramid schemes", or any other form of solicitation;
- Upload, post, link to, email or otherwise transmit any material that contains software viruses or any other computer, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Collect or store personal data about other individuals; or
- Attempt to submit more than one vote per survey or do any other act that may affect the validity of any result obtained through any Vote.
5. TERMINATING YOUR ACCOUNT
5.1. If you no longer wish to be use the Services please contact Consensus. Consensus will terminate your account and cease to contact you within 7 days of receiving notice from you that you wish to terminate your Account. You therefore acknowledge and agree that if you terminate your Account you may receive notifications from Consensus for a period of 7 days after the date of your notice. If you decide to terminate your account, we will erase all records as requested except to the extent local law requires retention.
5.2. You agree that, to the extent permitted by law, Consensus, in its sole discretion, may terminate or suspend your Consensus Account, or participation in any Vote, or remove or discard any User Content, for any reason, including, without limitation, for lack of use, or if Consensus believed that you have violated or acted inconsistently with the letter or spirit of these Terms.
5.3. You agree that, to the extent permitted by law, Consensus may terminate your access to Votes under any provision of these Terms without notice, and acknowledge and agree that Consensus may immediately deactivate your registration as a Voter and/or bar access to the Services. Further, you agree that Consensus shall not be liable to you or any third-party for any termination of your access to any Votes or the Service.
5.4. To the extent permitted by law, Consensus reserves the right to terminate the Services at any time.
6. THIRD PARTY WEBSITES AND SERVICES
6.1. Links included within the Services may let you leave the Services and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of Consensus and Consensus is not responsibility and nor shall it be liable for the contents of any Linked Sites or any links contained in a linked site or any changes or updates to such sites. Consensus is not responsible for webcasting or any other form of transmission received from any Linked Site. Consensus is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Consensus of the site or any association with their operators.
7. INTELLECTUAL PROPERTY
7.1. The Website and App and all pages and content within the Services, including, but not limited to, text, graphics, audio, video, photographs, software, inventions, surveys, logos or other materials (“Materials”) are the intellectual property of, or are authorised for use by, Consensus and its licensors, business partners and affiliates, including all trademarks, service marks, copyrights, patents, database rights and trade secrets contained therein. The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Services are the exclusive property of Consensus. Except as expressly permitted in these Terms, you may not modify, copy, reproduce, create derivative works, republish, display, upload, post, transmit, distribute or use in any way content available on the Website or App without the prior written consent of Consensus.
7.2. If You provide Consensus with any suggestions, comments or other feedback relating to any aspect of the App and/or Service ("Feedback"), Consensus may use such Feedback in any Consensus products or services (collectively, "Consensus Offerings"). Accordingly, You agree that: (a) Consensus is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Consensus, (c) Consensus (including all of its successors and assigns and any successors and assigns of any of the Consensus Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Consensus Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Consensus or any of the other users of the Website in respect of the Feedback.
7.3. In using the App, Website and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- register for the Service on behalf of a group or corporate entity.
8. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
The website, service, app and all materials provided therein are provided "as is." Consensus specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Consensus does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and Consensus shall not be a party to any transaction that you may enter into with any such third party. Consensus will not be liable for any type of content exchanged by means of the service. Consensus will not be liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
9. LIMITATION OF LIABILITY
Under no circumstances shall Consensus be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this website, app or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the website, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website or app, or (v) any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the website. These limitations shall apply even if Consensus has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Consensus’s liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty u.s. dollars ($50) or (b) amounts you’ve paid to Consensus in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
11. AVAILABILITY & UPDATES
Consensus may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Consensus may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and Consensus cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Consensus will not be liable for any loss or damage arising from your failure to comply with these requirements.
13. OTHER IMPORTANT TERMS
13.1. Notices relating to these Terms. All notices given by Consensus to Voters will be sent to their designated email address provided by them during the Consensus Registration Process.
13.2. If a court finds part of these Terms illegal or otherwise invalid, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.3. Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any agreement between us. We and you will be legally bound by these Terms.
13.4. Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, our inability or delay in performing our obligations will not be deemed to be in breach of these Terms. Examples of such events and circumstances include fire, flood and other force majeure, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
13.5. References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
13.6. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will use commercially reasonable efforts to contact you to let you know of such transfer. If you are unhappy with the transfer you may contact us to end your Account within 14 days of us telling you about the transfer.
13.6. Nobody else has any rights under these Terms. The agreement made under these Terms is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement between us or to make any changes to these Terms.
13.6. Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. The parties hereto have expressly requested that these Terms be drafted in English. Les parties aux présentes ont expressément requis que les présentes modalités soient rédigées en langue anglaise.
13.6. Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6. Governing Law and Forum. To the extent permitted by applicable law, this Agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. You agree to bring any claims against Consensus, in any court of competent jurisdiction in the Province of Ontario.
Last updated: August 25, 2019