Terms of service

(Last modified on June 18, 2021)

1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the Liberal Digital Portal and e-commerce Services. We thank you for choosing to use the Digital Portal.

By visiting the Digital Portal and / or using the Services (including but not limited to purchasing a Product), you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Digital Portal or Services, and if you are making a purchase, you should not proceed with your purchase. The TOU are a legal and binding agreement. between you and us.

If you are accepting or agreeing to these TOU on behalf of an organization or other legal entity, you represent and warrant that you have the authority to bind that organization or other legal entity to these TOU and, in such event, "you" and "your" will refer and apply to that organization or other legal entity.

Data Sciences (the owner and operator of the Digital Portal) reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Digital Portal or the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Digital Portal.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Digital Portal and Services.

If you have any questions about the TOU, please contact:

Data Sciences Legal

legal@datasciences.ca

or:

Data Sciences Legal

423, rue Saint-Nicolas, Suite 400

Montreal, QC

H2Y 2P4

If you have any questions about the Digital Portal itself or the Products available on the Digital Portal, please contact the Ontario Liberal Party Help Desk.

2. Definitions

These TOU cover several different situations, so please refer to the following definitions for clarification:

“Data Sciences” refers to Data Sciences Inc., a corporation in the Province of Quebec, Canada. Where the present TOU refer to “Data Sciences”, they may refer to Data Sciences and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Data Sciences.

“Digital Portal” refers to the Digital Portal and the Digital Portal located at the URL digital.ontarioliberal.ca which is owned and operated by Data Sciences, and includes all subpages, present and future.

“Products'' refers to any products or services that you can purchase through the Services on the Digital Portal. Products include but are not limited to “Email Plans'' which are a bundle of email deliveries to be used through the Liberalist platform and the “Digital Direct” which is an advertisement management service, as more fully detailed below.

“Services” are the e-commerce software services that Data Sciences has developed and / or licensed that allow you to purchase Products on the Digital Portal, and related functionalities.

“Users” refers to anyone visiting the Digital Portal or using the Services. In these TOU, a Digital Portal visitor or Services User may also be referred to as “you”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

3. General Code of Conduct for Use of the Digital Portal and Services

In addition to the more specific prohibitions found elsewhere in these TOU, by visiting the Digital Portal and / or using the Services, you agree to:

Not use the Digital Portal or Services in any manner that in any way violates these TOU or any other applicable policy posted on the Digital Portal by Data Sciences;
Not use the Digital Portal or Services in any manner that violates any intellectual property rights of Data Sciences or any third party;
Not use the Digital Portal or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing Digital Portal;
Not use the Digital Portal or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Data Sciences or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Data Sciences, other Users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by Data Sciences in its sole discretion) an unreasonable or disproportionately large load on Data Sciences’ (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Digital Portal or Services or any activities conducted through the Services; (3) bypass any measures Data Sciences may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Digital Portal or Services; or (5) harvest or scrape any content from the Digital Portal or Services in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Digital Portal or Services;
Not use the Digital Portal or Services to in any way collect information (whether Personal or not) of any third party or in violation of Data Sciences’ Privacy Policy;
Not interfere with any third party’s use or enjoyment of the Digital Portal or Services;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Digital Portal and Services in good faith, and in compliance with all applicable local, provincial, national, and international laws.

4. Products, Pricing, Taxes and Payments

1. Products for Sale through the Services

While the Digital Portal attempts to be accurate in its product descriptions, Data Sciences does not represent or warrant that Product descriptions or other content on the Digital Portal is accurate, complete, reliable, current, or error-free.

2. Pricing and Payments

Prices displayed on the Digital Portal are firm and are listed in Canadian dollars. The price may be converted to other currencies at the time of payment processing, depending on your credit card account agreement. Prices do not include applicable sales taxes or any applicable fees, which shall be displayed during the checkout process, depending on your location and any selections you have made.

By confirming your purchase at the end of the checkout process by clicking the “CHECK OUT” button, you agree to pay Data Sciences the amount set out as the Total on the checkout page. The Total is quoted in Canadian dollars and includes any additional fees, and all applicable taxes.

While we strive for accuracy in the pricing displayed on the Digital Portal and the other Product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Data Sciences reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Data Sciences reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Data Sciences shall issue a credit to the credit or debit card account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).

3. Billing Information and Payment Processing

In order to make a purchase of Products through the Services, you will be required to enter your first name, last name, billing address, email address, and phone number. This may be referred to in these TOU as “Billing Information”.

All payments for Products purchased through the Services are processed using a secure https:// connection and payment processing is handled through the “Third-Party Payment Processor” Shopify Payments. The Third-Party Payment Processor currently accepts certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options but these are subject to change without notice. Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. Data Sciences and the Third-Party Payment Processor are unaffiliated companies and Data Sciences has no influence on the operations of the Third-Party Payment Processor. Data Sciences and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processor.

All Billing Information and credit card information is collected by the Third-Party Payment Processor, on their own secure servers. Data Sciences does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Data Sciences for data-keeping purposes. While Users can store Billing Information for future purchases, credit card information is not available to Data Sciences.

5. Return and Refund Policy

Please note that unless otherwise indicated, all purchases on the Digital Portal are non-refundable. If for some reason you have an issue with your purchased Product, please contact the Ontario Liberal Party Help Desk who may be able to arrange a refund depending on the circumstances.

In the event that “Liberalist”, the online platform owned and operated by NGP VAN Inc. (“NGP VAN”) which licenses its use to the Ontario Liberal Party, ceases to be operational, you may also be entitled to a partial refund of unused portions of your Email Plan. Please contact the Ontario Liberal Party Help Desk in such circumstances.

6. Use of Email Plans

1. Generally; Use of Liberalist

Please note that to use the Email Plans purchased through the Platform you must have access to Liberalist. You do not need to be logged in to Liberalist to make a purchase of Products.

Please note that Email Plans do not include actual email addresses, only the ability to send emails to addresses already in your possession.

Access to Liberalist is controlled by the Ontario Liberal Party according to its own policies and practices. Without limiting the generality of the disclaimers found further in these TOU, Data Sciences and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from the Ontario Liberal Party denying or terminating your access to Liberalist, including but not limited to your inability to use purchased Products.

Liberalist is owned and operated by NGP VAN. When you use Liberalist, you are subject to a separate Terms and Conditions document which governs your use of Liberalist beyond the purchase of Products. Without limiting the generality of the disclaimers found further in these TOU, Data Sciences and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from your temporary inability to use Liberalist resulting from a failure by NGP VAN, including but not limited to your inability to use purchased Products.

2. Acceptable Use Policy

In addition to any rules and regulations regarding emails available on Liberalist or from the Ontario Liberal Party, you acknowledge and agree that you will not send any emails that:

are threatening, abusive, harassing, stalking, or defamatory;
are deceptive, false, misleading, or fraudulent;
are invasive of another's privacy or otherwise violate another's legal rights (such as rights of privacy and publicity);
contain vulgar, obscene, indecent, or unlawful material;
encourage, promote, facilitate, or instruct others to engage in illegal activity;
promote, encourage, or facilitate: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law; or
are in violation of any local, provincial, or Federal law, including but not limited to Canada's Anti-Spam Legislation and any applicable privacy laws.

Violation of this Acceptable Use Policy may lead to Data Sciences refusing to sell you any additional Email Plans, or banning you from any other use of the Digital Portal, at our sole discretion.

7. Confidentiality

“Confidential Information” means any and all information of a confidential nature that is disclosed either directly or indirectly, in writing, orally or by inspection of tangible objects, by the “Disclosing Party'' to the “Receiving Party”. In the case of Data Sciences, Confidential Information includes methods, software, technologies, practices, reports, reports and procedures employed by Data Sciences in the course of offering the Services or any of its obligations under these TOU, including but not limited to in the course of the delivery of any Products. The Receiving Party shall not: (a) use the Disclosing Party’s Confidential Information except as reasonably necessary to exercise its rights or perform its obligations under these TOU; or (b) disclose the Disclosing Party’s Confidential Information to any third party except to those of its employees and subcontractors that need to know such Confidential Information for the purposes of the TOU, provided that each such employee and subcontractor is subject to confidentiality obligations not materially less protective than those of this Section 7. The Receiving Party will use all reasonable efforts to maintain the confidentiality of all Confidential Information of the other party in its possession or control.

For the avoidance of doubt, you acknowledge that the reports constitute Data Science’s Confidential Information and said reports shall only be shared on your LPC Campaign Dashboard.
The confidential obligations of both parties will remain in effect for as long as the information is deemed confidential by the Disclosing Party.

8. Proprietary Rights

1. Intellectual Property Rights

You acknowledge that: (a) the Digital Portal and Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) Data Sciences and/or third parties (via license) own all right, title and interest in and to the Digital Portal and Services and content that may be presented or accessed through the Digital Portal and Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Data Sciences and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Digital Portal or Services, or content that may be presented or accessed through the Digital Portal or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Digital Portal or Services; or (iii) remove, obscure, or alter Data Sciences’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Digital Portal or Services.

The content, arrangement and layout of the Digital Portal and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Data Sciences, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Data Sciences, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Digital Portal or Services, Computer Code, images, logos, videos, audio or trademarks found in the Digital Portal or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Data Sciences may take action accordingly.

The above paragraph further applies to third party property used as part of the Services or Digital Portal, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

2. Submitted Information

If you choose to communicate to Data Sciences (via any means) suggestions for improvements to the Digital Portal or Services or Data Sciences’ business generally (collectively, “Feedback”), Data Sciences shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Data Sciences and waive in favor of Data Sciences, its successors and assigns all your moral rights in the Feedback, and agree to provide Data Sciences such assistance as Data Sciences may require to document, perfect, and maintain Data Sciences’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Data Sciences, you are not entitled to any compensation or reimbursement of any kind from Data Sciences under any circumstances.

9. Interruption of Service

From time to time, the Digital Portal or Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Digital Portal or Services. While we will endeavour to make this unavailability as brief as possible, Data Sciences and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Digital Portal or Services, and disclaims any responsibility thereto.

10. Suspension or Termination of your Access to the Digital Portal; Termination of the Services and the TOU

You agree that Data Sciences, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise suspend or terminate your access to or use of the Digital Portal and / or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Data Sciences believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

Data Sciences may also, in their sole discretion and at any time, discontinue providing the Digital Portal and / or Services, or any portion thereof, with or without notice. You agree that Data Sciences shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Digital Portal or Services, or from Data Sciences’ termination of the Digital Portal and / or Services or any part thereof.

Termination of the Digital Portal and / or Services or your access to the Digital Portal and / or Services shall terminate the present TOU as between you and Data Sciences. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

11. External Links

From time to time Data Sciences may provide links to other websites or services. Links from the Digital Portal or Services may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. Data Sciences provides those links as a convenience to you and Data Sciences takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Data Sciences does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will Data Sciences or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the websites or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

12. Disclaimer of Warranties

You expressly understand and agree that your use of the Digital Portal or Services, the information or material thereon (whether provided by Data Sciences or third parties) or any activity arising from your use of the Digital Portal or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Digital Portal and Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Digital Portal or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Digital Portal or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Digital Portal or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Digital Portal or through the Services, written or produced by Data Sciences staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Digital Portal or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Data Sciences and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Digital Portal or Services.

Data Sciences expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Digital Portal or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Data Sciences and its Representatives do not warrant that: (i) the Digital Portal and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Digital Portal or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Digital Portal or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

13. Limitation of Liability

Data Sciences shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Digital Portal or Services or downloaded therefrom, the use of the Digital Portal or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Digital Portal or available through the Services.

To the maximum extent permitted by law, in no event will Data Sciences or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Digital Portal or Services or your use, misuse or inability to use the Digital Portal or Services, even if Data Sciences has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

14. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Data Sciences or its Representatives, you agree to indemnify, defend and hold harmless Data Sciences and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Digital Portal or Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

15. Governing Laws and Jurisdiction

These TOU, and your use of the Digital Portal and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Data Sciences shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, Data Sciences shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

16. Miscellaneous Provisions

The TOU in conjunction with the Privacy Policy constitutes the entire agreement between you and Data Sciences with respect to your use of the Digital Portal and Services, superseding any prior agreements between you and Data Sciences, its predecessors, affiliates or subsidiaries.
Data Sciences shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Data Sciences’ reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The failure of Data Sciences to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Data Sciences.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.