Terms of Use

Welcome to the YourSAy website!     

 

Who are we?

 

The YourSAy website is provided by the Department of the Premier and Cabinet which is a department of the Government of South Australia. 

 

In these Terms of Use (including in the Community Guidelines and the Privacy Policy), a reference to “us”, “we” or “our” is a reference to the Crown in the right of the State of South Australia and includes its agents, instrumentalities, officers and employees from time to time.

 

The YourSAy website allows you to share your ideas and opinions, and comment on others’ ideas about current issues and the future of South Australia. Our goal is to involve everyday South Australians in the decisions that matter to them.

 

Granicus operates and hosts the YourSAy website. While all the questions, surveys, forums, discussions and other content on the YourSAy website is controlled by the Department of the Premier and Cabinet and the Government of South Australia; Granicus owns and operates the technology and intellectual property rights that power the website as per the Granicus Terms of Use.

 

By using this website, you are agreeing that you understand and accept these Terms of Use, which include our Privacy Policy and our Community Guidelines. Please read all of the terms carefully.

 

If you are under 18 years old, please ensure that your parent or guardian understands and accepts these Terms of Use (including the Privacy Policy and Community Guidelines).

 

Everyone who has internet access is able to browse the YourSAy website. However, if you would like to participate in the interactive components of the website such as commenting, filling out forms or surveys, voting on issues, or any other participation tool, you need to register.

These Terms of Use apply to everyone who uses the YourSAy website, regardless of whether it is a registered user

Registering with YourSAy website:

If you decide to register with the YourSAy website, you will be asked to provide information about yourself. You must only provide information which is complete, current and accurate. You must not provide misleading information and you must not misrepresent your identity.

We will rely on the information that you provide when you register. We will assume it is accurate unless you notify us that it has changed.

When you register we will ask you to choose a password. Please do not tell anyone else your password as you are solely responsible for all activities that occur on the website through your account, even if those activities occur through unauthorised use of your account.

Posting content on the YourSAywebsite:

If you have registered with the YourSAy website, you can participate in any consultation of your interest by posting comments, asking questions, uploading content, or using any other tools available on each project. This is your opportunity to have your say.

There are some rules about what you can and cannot post on the YourSAy website. These rules are explained in the Community Guidelines. By agreeing to these Terms of Use you also agree to comply with the Community Guidelines.


It is important to us that the YourSAy website is  suitable and safe for everyone who is using it. Therefore, if you violate these Terms of Use (including Community Guidelines) we may ban you from the YourSAy website or freeze your account.

Unless otherwise stated by us on the website, the content that you post on the YourSAy website will be visible to all users of the website. We do not guarantee any confidentiality in relation to the content that you post on the YourSAy website.

Do we monitor the content posted on the YourSAy website?

We do monitor the content posted on the YourSAy website from time to time, but we do not do so before the content is publicly displayed on the website. Although we monitor the YourSAy website, we do not assume responsibility for the content posted on it. We also do not have responsibility for the conduct of users who post or transmit content to the YourSAy website.

We do not make any warranties, express or implied, as to the timeliness, integrity, accuracy, appropriateness, legality, reliability or quality of the content posted on the YourSAy website.

The content posted does not necessarily reflect the position, policies or views of the Government of South Australia.

When will we remove content from the YourSAy website?

We have the right to remove content from the YourSAy at any time for any reason.

Without limiting this right, where we identify content on the YourSAy website that is inaccurate, offensive, inappropriate or contravenes the Community Guidelines or any other terms in these Terms of Use, we may delete the content.

 

If you violate these Terms of Use (including the Community Guidelines), then we can ban you from the YourSAy website.

Who is liable for the content posted on the YourSAy website?

All of the content that you post to the YourSAy website is your sole responsibility. All of the content posted by other users of the website is their sole responsibility.

We do not accept responsibility or liability for, arising from or in connection with the content posted on the YourSAy website.

The YourSAy website is provided to you on an “as is” basis and we make no statements, representations or warranties about the timeliness, accuracy, completeness or reliability of any part of the YourSAy website. If you want to use or rely upon content posted on the YourSAy website, it is your responsibility to independently evaluate the content and bear all risks associated with your use or reliance. You are responsible for ensuring by independent verification its accuracy, currency or completeness. You use the YourSAy website and rely on any information contained it at your own risk. 

What if you don’t like the content on the YourSAy website?

If you object to any content on the YourSAy website, your sole remedy is to stop using the website.

However, if you notice content on the YourSAy websites that is inaccurate, offensive, inappropriate or contravenes the Community Guidelines or any other terms in these Terms of Use, we want to know about it so please report it by contacting us at yoursay@sa.gov.au.

What if the YourSAy website isn’t  working?

Access to the YourSAy website rely on internet technologies outside of our control. We do not guarantee that you will be able to continually access the YourSAy, website without interruption.

We are not liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties or malfunction in equipment or software.

If you have difficulties accessing the YourSAy website please contact us during business hours at yoursay@sa.gov.au.

Cancelling your registration

If you have registered with the YourSAy website but you do not want to be registered anymore, you can cancel your registration by contacting yoursay@sa.gov.au.

Content that you have posted on the website may remain on the website even after you have cancelled your registration. You are not entitled to have it removed.

All of the terms in these Terms of Use (including the Community Guidelines and Privacy Policy) will survive the cancellation of your registration.

Cancelling your subscription to our newsletters

You can choose to receive newsletters and other updates from us by email. If you choose this but then change your mind, you can unsubscribe at any time by following the process set out in the emails that we send you. 

Links to other websites

The YourSAy website contains links to other websites which are not controlled or owned by us. Those other websites have their own terms and conditions of use and you should familiarise yourself with them. 

We are not responsible or liable for the availability or content of any website linked to or from the YourSAy website that is not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies or practice of any website that is not owned or controlled by us.

All websites linked to or from the YourSAy website is linked ‘as is’ and we do not:

  • sponsor, endorse or necessarily approve of any content on those websites;

  • make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any content on those websites;

  • make any warranties or representations that content on those websites does not infringe the intellectual property rights of any person anywhere in the world;

  • authorise the infringement of any intellectual property rights contained in material on those websites.

We do not agree to any conduct associated with a linked site which may be unlawful or an infringement of rights.

Other important terms

  • We make no representations, express or implied, as to the accuracy of the information and data contained on the YourSAy website.

  • We make no representations, express or implied, as to the accuracy or usefulness of any translation of the information on the YourSAy website or any linked website into another language.

  • We make no representation as to the availability of the YourSAy website and the availability of website linked from or to the YourSAy, website.

  • We accept no liability however arising for any loss resulting from the use of the YourSAy website and any information and data or reliance placed on it (including translated information and data).

  • We make no representations, either express or implied, as to the suitability of the said information and data for any particular purpose.

  • We accept no liability for any interference with or damage to your (or any other user’s) computer, software or data occurring in connection with or relating to the YourSAy website or its use or any website linked to it.

  • Without limiting the above, to the fullest extent permitted by law, in no event will we be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to:

- damages resulting from your access to, use of, or inability to access or use YourSAy website;
- damages for any lost profits, data loss, or cost of procurement or substitute goods and services; or
- damages for any conduct or content of any third party on the YourSAy website.

  • We do not become involved in disputes between you and other users of the YourSAy website or between you and third parties.

  • We specifically disclaim any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing or course of performance or use of the YourSAy website.

  • We do not provide any warranties around any information (oral or written) obtained by you from the YourSAy website.

  • We disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information on the YourSAy website being inaccurate, incomplete or otherwise misleading in any way.

  • We may use technology to protect the security of communications made through the YourSAy website. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communication made through the YourSAy website.

Indemnification and Release

If you do something which results in us being sued or if you do not comply with what you have agreed to in these Terms of Use (including the Community Guidelines and the Privacy Policy), you agree to indemnify and hold us and BTT and its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from all costs, losses, liabilities, claims, expenses and all other outgoings of whatever kind suffered or incurred by us (including our legal costs) that arise from or relate to your use of the YourSAy website.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnity clause. If we do so, you agree that you will cooperate and help us to assert any defences.

You agree to release and discharge us, to the full extent permitted by law, from all actions, proceedings, claims or demands for costs and damages howsoever arising which you may have at any time against us arising out of or related to your use of the YourSAy websites.

Termination

We can suspend or terminate your access to the YourSAy website at our sole discretion at any time with or without providing you with notice and we can do so for any reason.

Intellectual Property

All intellectual property in the content of the YourSAy website (except for the content submitted by you and other users) including without limitation the text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us and are protected by law, including but not limited to the Copyright Act 1968 (Cth). The YourSAy website may also contain third party material that is protected by law.

By agreeing to these Terms of Use, you agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fee-free licence to use, copy, modify and otherwise deal with the intellectual property (including but not limited to copyright) in all of the content submitted by you on the YourSAy website.

Moral Rights Consent

To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any content, to any act or omission that would otherwise infringe any moral rights in any content which is transmitted by you onto the YourSAy website, whether occurring before or after a consent is given.

You agree that you must not institute, maintain or support any claim or proceeding against us for infringement of any of your moral rights (or the moral rights of any third person) arising from the transmission of content through use of the YourSAy website.

You agree that you must sign documents and do all acts and things reasonably required by us for the purpose of giving effect to our rights in relation to your moral rights consent.

Applicable Laws

Your use of the YourSAy website and these Terms of Use (including the Community Guidelines and Privacy Policy) are governed by the laws of the State of South Australia, Australia. Any claim relating to use of the YourSAy website will be heard by the courts of South Australia.

If you access the YourSAy website from a location outside of South Australia, you do so on you own initiative and are responsible for compliance with applicable local laws.

Variation

We may revise these Terms of Use (including the Community Guidelines and the Privacy Policy) at any time and with or without notifying you. The updated Terms of Use (including the Community Guidelines and the Privacy Policy) will apply to you from the time that they are posted on the YourSAy website. You should visit this page from time to time and review the then current Terms of Use because they are binding on you.

We may modify or discontinue any information or features that form part of the YourSAy website at any time, with or without notice to you, and without liability.

Severance

If any part of these Terms of Use (including the Community Guidelines and Privacy Policy) is determined to be unlawful, void or for any reason unenforceable, then that part is deemed severable from these Terms of Use and does not affect the validity and enforceability of the remaining parts.

Entire Agreement

These Terms of Use (including the Community Guidelines and the Privacy Policy), as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of the YourSAy website.

Assignment

You cannot assign any of your rights to use the YourSAy website to anyone.

Questions

If you have any questions, feedback or complaints, please contact us at yoursay@sa.gov.au