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Terms of Use for the City of Cape Town Collaboration Platform

The City of Cape Town (“CCT”) encourages you to read these terms ("Terms of Use"; "Terms") carefully. Any and all use of the CCT Collaboration Platform (the “Platform”), including without limitation their related pages or any other content, constitutes your acceptance of the Terms of Use.

1.         The scope of the CCT Collaboration Platform

1.1.  The terms cover all the departments of the CCT and in particular the Platform for your submission of ideas, innovations and service improvement proposals (“Ideas”) through the Platform. By using the Platform and submitting an Idea, you agree to these terms and conditions .

1.2.   The CCT in accordance with its Integrated Development Plan (IDP) Strategic Focus Areas 4 (Inclusive City) and 5 (A Well-Run City) creates a platform for members of the community, scholars and research institutions to share their innovative Ideas to help shape the manner the CCT provides its service to the community.

1.3.  All Ideas and related content (for example, notes, drawings, concepts) are submitted on a voluntary basis, but the CCT’s Supply Chain Management Policy will be applied and must be complied with, where applicable.

1.4.   The CCT is under no obligation to use or make available for public use any Idea submitted by you. The CCT shall not be obliged to pay any consideration to you in relation to any Idea or the use thereof unless determined otherwise by the CCT.

2.         Confidential and proprietary information

2.1.   If your submission contains confidential or proprietary information, you should not submit it through the Platform if you would like for the submission to remain confidential and proprietary.

2.2.    All Ideas, content and material submitted will be deemed non-confidential and non-proprietary and you agree that the CCT is free to use any Ideas, materials, concepts, knowhow, or techniques that you submit in accordance with the purpose of this Platform.

2.3.    You acknowledge that you are responsible for any material you may submit via the Platform. You warrant that the Idea that you submit and any related materials and content is your own, that it is original, lawful, does not infringe upon any third party’s rights and that you have the rights to submit same.

2.4.    You agree to defend, indemnify and hold harmless the CCT, its officials, employees and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s and advocate’s fees) arising due to your Idea or any related content or material infringing any third-party right, including without limitation any intellectual property or other right or any claim that your content caused damage or harm to a third party.

3.         Content of the CCT Collaboration Platform

3.1.   The information on the Platform, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, material, interactive features, and files (collectively referred to as “Content”) is selected on the basis of the CCT’s own criteria and at its sole discretion. The CCT reserves the right to change, modify, add, or remove the Content at any time and without notice.

3.2.   The Platform may embed content from third party websites and/or services, discussion boards, mailing lists, or other communication and social media platforms which are not owned or controlled by the CCT.

3.3   The Platform may contain additional guidelines, rules, or conditions applicable to specific services and features (collectively referred to as the “Guidelines”) which may be posted, modified or removed at any time and without notice.

4.         Disclaimer of Warranties

4.1.    You expressly understand and agree that your use of the Platform is at your own risk. The Platform is provided on an "as is" and "as available" basis. The CCT, its officials, and persons providing services to the CCT don’t make warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from the CCT, its officials or persons providing services to the CCT, or through or from the Platform shall create any warranty not expressly stated in the terms.

4.2.  The CCT, its officials, and persons providing services to the CCT specifically make no warranty or representation that:

         i)       the Platform will meet your requirements;

ii)      the Platform will be uninterrupted, timely, secure or error-free;

iii)     the information that may be obtained from the Platform will be accurate, complete or reliable;

iv)     the quality of information obtained by you through the Platform will meet your expectations;

v)      any file available for downloading through the Platform will be free of infection by software viruses or other harmful computer code, files, or programs; and

vi)     any errors in the Platform will be corrected.

4.3.  Unless expressly stated otherwise, the findings, interpretations and conclusions expressed on the Platform are those of the various CCT officials and persons providing services to the CCT who prepared the work and do not necessarily represent the views of the CCT.

4.4. The content embedded from third-party websites does not represent the views of or constitute endorsement by the CCT. Likewise, any user-generated content shall in no way be attributed to or represent views of the CCT.

5.         Limitation of Liability 

5.1.   Any Content downloaded or otherwise obtained from the Platform is accessed at your own discretion and risk. You expressly understand and agree that the CCT, its officials, and persons providing services to the CCT shall not be liable for any damages (including, but not limited to direct, incidental, consequential, and indirect damages), obligations, losses, liabilities, legal costs and expenses (even if the CCT has been advised of the possibility of such damages), arising out of or in connection to the use of the Platform.

5.2.    The CCT is not liable or responsible for the content of any third party website. It is your responsibility to access and abide by the policies and terms of any third party website.

5.3.    The CCT shall not be liable for any user-generated content on the Platform.

6.         Indemnity

6.1.  You agree to defend, indemnify, and hold harmless the CCT, its officials, and persons providing services to the CCT from and against any and all claims, damages, obligations, losses, liabilities, or costs (including, but not limited to, direct, incidental, consequential, and indirect damages), legal expenses resulting from (i) your use of and access to the Platform; (ii) your violation of any of the terms; (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right; or (iv) any claim that your user submissions caused damage to a third party.

7.         Prohibited practices

7.1.    The following conduct shall be prohibited when using the Platform:

7.1.1.  Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;

7.1.2.  Publishing, posting, distribution or dissemination of any defamatory, infringing, obscene, indecent or unlawful material or information; 

7.1.3.  Uploading or attaching files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all consents therefor as may be required by law;

7.1.4.  Uploading or attaching files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; 

7.1.5.  Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

7.1.6.  Falsifying the origin or source of software or other material contained in a file that is uploaded;

7.1.7  Advertisement or offer to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, or downloading any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner. 

8.         Privacy Notice

8.1.    Hereby, you give your consent to our ‘Privacy Notice’.

9.         Copyright Policy

9.1.    Content provided on the Platform is subject to the CCT ‘Copyright Policy’

10.      Linking Policy

10.1. Subject to the CCT’s consent, you may provide on your website a link to the Platform, if you share the CCT's values or contribute to the CCT's work. The content of your site must be relevant, add value and be useful to our audience. The CCT reserves the right to reject at any time any external link if it is considered to be inappropriate. In such case you shall immediately remove the link to the Platform from your website.

10.2. For your convenience and information, the Platform may contain links to other external websites over which the CCT does not exercise control. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. The CCT is not and shall not be responsible for the content of and activities on third party websites.

10.3. In order to guarantee the quality of our linking services in a safe way to you, we encourage you to report broken links or links to a website with a doubtful reputation to us via our ‘Contact Us’ link on the CCT internet web page. 

11.      Waiver

11.1. The failure of the CCT to enforce any right under the Terms does not constitute a waiver of this right or provision, and the other provisions of the Terms shall remain in full force and effect. If any provisions or part(s) of the Terms are held to be invalid, illegal or unenforceable by a competent authority, the remaining provisions shall be unaffected and shall remain in full force and effect.

12.      Updates to the Terms of Use

12.1. The CCT reserves the right, at its discretion, to change or modify all or any part of the Terms at any time without notice to you. Your continued use of the Platform constitutes your binding acceptance of any such changes to the Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the Platform.

13.      Privileges and Immunities

13.1. Nothing in the Terms shall deem or be interpreted as a waiver, express or implied, of any of the privileges or immunities enjoyed by the CCT, its officials or persons providing services to the CCT.

14.      Termination of access

14.1. If we detect prohibited conduct, as specified in Paragraph 7 above, or other malicious activities from your origin, the CCT reserves the right to  block your access to the Platform without further notification. If you believe that our actions are unjustified, please do not hesitate to  ‘Contact Us’  via the link on the CCT internet web page.

15.      Communication

15.1. By engaging on the Platform, you fully understand and clearly consent to receive email updates on Platform activity or other forms of communication. 

16.      Privacy Notice

16.1. The CCT is committed to safeguarding your privacy and security of your information. We want you to be familiar with how we collect, use and disclose information. 

16.2. By accessing the Platform, certain information about you, such as Internet protocol (IP) addresses, geographical location, navigation through the Platform, the software used, and the time spent, along with other similar information, will be collected by the CCT. The collected information will not be personally identifiable. This information will be used for administrative purposes, to help diagnose problems, provide a personalised service, evaluate the success of our communication campaigns, to ensure the uninterrupted operations and improve the quality of provided services.

16.3. Your personal data (such as your name, address, occupation, etc.) may be collected in connection to some of the CCT’s services (for example, e-mail newsletters, requests for information, registration forms, etc.). By submitting your personal data for such services, you consent to the processing of your personal data by the CCT in accordance with the applicable CCT policies and procedures.

16.4. The CCT reserves the right to access, read, preserve and disclose information that is reasonably necessary to (i) enforce the Terms, including investigation of potential violations hereof; (ii) detect, prevent, or otherwise address fraud, security or technical issues; (iii) respond to user support requests; (iv) protect the rights, property or safety of the CCT, its users and the public.

Ø How can you contact us in case of privacy issues?

If you have any questions or concerns, please use our ‘Contact Us' link on the CCT internet web page.

17.      Copyright Policy

17.1. The Content of the Platform or its related pages is owned or licensed by the CCT, subject to copyright and other intellectual property rights under South African law.

Ø Are you permitted to use CCT branding?

The CCT’s name and emblem in all official languages of the Municipality are the exclusive property of the CCT. They may not be copied, reproduced, displayed or used without the express, prior written permission of the CCT.

Ø Under what conditions may you use CCT content?

Written content owned by the CCT may be used freely for personal or educational purposes, under the condition that the CCT is informed and appropriately credited. For all other purposes, content may not be reproduced, copied, distributed, transmitted, broadcast, sold, licensed, or exploited in any way without the express prior written permission of the CCT.