Terms of Service

Last modified on June 5, 2018.

The Simply Voting online voting system (“VOTING SYSTEM”) consists of all public and restricted websites and software found at simplyvoting.com. VOTING SYSTEM is owned and operated by Simply Voting Inc. (“Simply Voting”).

This Terms of Service Agreement (“Agreement”) governs your use of VOTING SYSTEM. By using and/or accessing VOTING SYSTEM, you are agreeing to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you are prohibited from using and/or accessing VOTING SYSTEM.

Simply Voting may revise this Agreement at any time without notice, and such revisions will be effective upon being posted on www.simplyvoting.com. If we make any material changes we will notify our customers by email (sent to the e-mail address specified in the account) or by means of a notice on www.simplyvoting.com. By using and/or accessing VOTING SYSTEM you are agreeing to be bound by the then current version of this Agreement. It is important that you review this Agreement regularly to ensure that you are aware of any changes.

LIMITATION OF LIABILITY

Except as expressly set forth herein, Simply Voting will not be liable for any damages incurred in connection with the use of VOTING SYSTEM. This includes any direct, indirect, consequential or incidental damages that may arise from the use of VOTING SYSTEM, the failure of VOTING SYSTEM, or the termination of the access to VOTING SYSTEM. This limitation of liability will also apply to any loss of data, information or content through failure of VOTING SYSTEM or interruption of transmission. Simply Voting will not be liable for any harm or loss arising from unauthorized access to data, information or transmission, including, but not limited to tangible or intangible loss of revenues, profits, data or information.

Except as expressly set forth herein, you agree that Simply Voting is not liable for any damages arising from the interruption, cancellation or suspension of VOTING SYSTEM, regardless of whether the failure of VOTING SYSTEM is announced, justified, or negligent.

GENERAL DISCLAIMER

Except as expressly set forth herein, Simply Voting provides VOTING SYSTEM “as is” and without warranties of any kind, express or implied, to the fullest extent allowed by law. Simply Voting further disclaims all other warranties, including the implied warranties of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Simply Voting does not warrant uninterrupted or error free functions contained in VOTING SYSTEM or that VOTING SYSTEM or its servers are free of viruses or other harmful components.

You understand and represent that all data, information or other material collected by you through VOTING SYSTEM is your sole responsibility. Simply Voting is not responsible for any loss of data or harm done to your computer(s), systems or other equipment in conjunction with use of VOTING SYSTEM. You understand and agree that use of VOTING SYSTEM is done at your own risk and discretion.

INDEMNIFICATION

You agree that Simply Voting will not be held responsible for any claims, damages, demands or fees arising out of any breach by you of this Agreement, the Privacy Policy or infringements on the rights of any third parties related to your use of VOTING SYSTEM. You also agree to indemnify Simply Voting and its officers, directors, employees, agents, and partners for any and all claims that may arise.

Simply Voting agrees that you will not be held responsible for any claims, damages, demands or fees arising out of any breach by Simply Voting of this Agreement, the Privacy Policy or infringements on the rights of any third parties related to your use of VOTING SYSTEM. Simply Voting also agrees to indemnify you and your officers, directors, employees, agents, and partners for any and all claims that may arise.

DATA STORAGE

You understand and agree that all data collected using VOTING SYSTEM will be stored on Simply Voting servers. Simply Voting assumes no responsibility for your deletion of, or your failure to store any data or other information on VOTING SYSTEM.

WEBSITES OR EMAIL UTILIZING VOTING SYSTEM

Simply Voting does not review or monitor any user websites or email messages that utilize or link to VOTING SYSTEM and is not responsible for the content of any such websites or email messages.

YOUR CONDUCT

You agree to abide by all applicable laws and regulations in your use of VOTING SYSTEM, and you agree not to interfere with the use and enjoyment of VOTING SYSTEM by other users. You agree to be solely responsible for the actions and the contents of your use of VOTING SYSTEM.

You agree:
(1) not to use VOTING SYSTEM for illegal purposes;
(2) not to use VOTING SYSTEM for chain letters, junk mail, unlawful “spamming” solicitations (commercial or otherwise) or unlawful bulk communications of any kind, and
(3) not to use VOTING SYSTEM to send an excessive number of communications to the same recipient.

You agree not to post, promote or transmit through VOTING SYSTEM any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Simply Voting may, at its sole discretion, immediately terminate your access to VOTING SYSTEM should your conduct fail to conform to this Agreement.

SYSTEM INTEGRITY

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of VOTING SYSTEM. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

VOTING SYSTEM may contain robot exclusion headers, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy VOTING SYSTEM or the content contained therein without prior written permission of Simply Voting. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of VOTING SYSTEM.

NO RESALE OF THE SERVICE

Your right to use VOTING SYSTEM is granted to you on a non-exclusive basis and you may not resell all or any portion of VOTING SYSTEM or your use of or access to VOTING SYSTEM to any unauthorized persons. Known or suspected violations will be grounds for immediate termination of your use and access to VOTING SYSTEM, files and accumulated stored data, and, depending upon the circumstance, may be grounds for Simply Voting legal recourse.

PROPRIETARY RIGHTS TO VOTING SYSTEM

You are only permitted to use VOTING SYSTEM as expressly authorized by Simply Voting, and may not copy, reproduce, distribute, analyze, compare, demonstrate, reverse engineer, screen capture, print screen pages for purposes of distribution, or create derivative works from VOTING SYSTEM without express authorization from Simply Voting.

YOUR CONFIDENTIALITY RESPONSIBILITIES

You will not disclose Simply Voting’s proposals, pricing quotes, or any content designated as confidential by Simply Voting.

SIMPLY VOTING’S CONFIDENTIALITY RESPONSIBILITIES

Simply Voting will not disclose your private VOTING SYSTEM records or content, except that you agree that Simply Voting may do so in accordance with applicable laws as well as its then-current Privacy Policy or, following the provision of written notice to you sufficient to enable you to challenge such action, in the good faith belief that such action is reasonably necessary:
(a) to comply with any local laws, rules or regulations;
(b) to comply with any legal process;
(c) to enforce this Agreement; and
(d) to respond to claims that such data violates the rights of third parties.

You acknowledge and agree that Simply Voting may access any content, data, statistics and other tools of VOTING SYSTEM to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information may be required in the ordinary course of business.

YOUR SECURITY RESPONSIBILITIES

Each user has a password to access VOTING SYSTEM. You are responsible for keeping your passwords secure. Do not disclose or share your password with any third parties. You must notify Simply Voting without undue delay of any unauthorized access to your account of which you become aware.

Transfer of your confidential or personal electronic information to Simply Voting shall be done via secure and encrypted file transfer, or via email using password-protected attachments.

SIMPLY VOTING’S SECURITY RESPONSIBILITIES

All data collected by VOTING SYSTEM will be secured and backed up using industry standard security protocols and procedures.

All transfer of information to VOTING SYSTEM shall be encrypted via Transport Layer Security (TLS) technology.

All transfer of your confidential or personal electronic information by Simply Voting shall be done via secure and encrypted file transfer.

REPORTING SYSTEM FAILURES AND SECURITY BREACHES

Simply Voting will report to you as soon as reasonably practicable by email and in accordance with applicable law, of a material breach of the security of VOTING SYSTEM which results in unauthorized destruction, disclosure or alteration of your data of which we become aware. Upon request, we will promptly provide to you all relevant information and documentation that we have available to us regarding your data in connection with any such event.

Simply Voting will make commercially reasonable efforts to report to you of any emergency maintenance or unplanned system failure which affects your online voting event being conducted using VOTING SYSTEM for a period exceeding five (5) continuous minutes and provide updates regarding resumption of service, but shall have no liability for the manner in which we may do so or if we fail to do so.

100% AVAILABILITY GUARANTEE

Simply Voting endeavours to provide the most reliable infrastructure possible for VOTING SYSTEM. If you are in good financial standing with Simply Voting, Simply Voting guarantees that VOTING SYSTEM is available 100% of the time in a given month, excluding special planned maintenance. Available is defined as the ability for voters and election administrators to access the functionality of VOTING SYSTEM as intended. Special planned maintenance is defined as a finite period of unavailability where the customer has been notified by email at least one week in advance. Unavailability is measured from the moment you notify a VOTING SYSTEM support representative of unavailability to the time availability is restored. Notification of unavailability must occur at the time of the outage and not after the fact. We will credit your account 5% of your election fee for each 30 minutes of unavailability, up to 100% of your election fee. Election fee is defined as your Annual Plan fee or most recent Single Election fee, whichever applies. Credits shall not be provided to you if unavailability is the result of: a) special maintenance b) circumstances beyond Simply Voting’s reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labour disturbance, acts of government, acts of god or c) your breach of this Agreement.

PUBLICITY REFERENCES

You agree to allow Simply Voting to refer to your use of VOTING SYSTEM on its websites, in its press releases, and/or other promotional media, and make use of your logo for such purpose.

NO REFUNDS

Except as expressly provided herein, Simply Voting maintains a strict no-refund policy on VOTING SYSTEM fees.

GENERAL DATA PROTECTION REGULATION (GDPR)

This Agreement incorporates the Data Processing Addendum (“DPA”) when the GDPR applies to your use of the VOTING SYSTEM to process your data (as defined in the DPA).

GOVERNANCE

This Agreement constitutes the final agreement between you and Simply Voting. It is the complete and exclusive expression of your agreement on the matters contained herein. There are no conditions precedent to the effectiveness of this Agreement, other than those expressly stated in this Agreement.

You agree that this Agreement be governed by the laws of the Province of Quebec and shall be deemed to have been entered into at Montreal, Quebec. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction.

A party’s failure to exercise or enforce any right granted in this Agreement shall not constitute a waiver of such right.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it is agreed that such court should endeavour to give full effect to the parties’ intentions as reflected in such provision, and it is agreed that other provisions of the Agreement remain in full effect.

It is agreed that any claim or cause of action related to VOTING SYSTEM or this Agreement must be filed within one (1) year after such claim arose.

The headings employed to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.

The parties to the present Agreement agree that same be drawn up in the English language. Les parties aux présentes conviennent que la présente entente soit rédigée en langue anglaise.