Terms of Service

1. Acceptance of Terms

Welcome to the Discretionary Powers Tracker ("Platform," "Service," "we," "us," or "our"). By accessing or using this Platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using or accessing this Platform.

2. Definitions

For the purposes of these Terms, the following definitions apply:

"Platform" means the Discretionary Powers Tracker web application, including all related websites, software, applications, and services provided by us.

"User" means any individual or entity that accesses or uses the Platform, including but not limited to government officers, reviewers, administrators, auditors, and public users.

"Discretionary Power" means any legal authority granted to government officials to make decisions within the scope of applicable legislation and regulations.

"Content" means all information, data, text, documents, images, and materials submitted to, created within, or displayed on the Platform.

"Account" means the registered user account required to access certain features of the Platform.

"Authorized User" means a User who has been granted official access credentials by their government department or agency.

3. Eligibility & Account Registration

3.1 Eligibility Requirements

To create an account and use certain features of the Platform, you must:

• Be at least 18 years of age
• Be a government employee, official, or authorized representative with legitimate access rights
• Have received official authorization from your department or agency
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and current

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account
• Immediately notifying us of any unauthorized use of your account
• Ensuring you log out of your account at the end of each session
• Using strong, unique passwords and enabling multi-factor authentication when available

3.3 Account Verification

We reserve the right to verify your identity and eligibility at any time. You may be required to provide additional documentation or information to confirm your authorization to use the Platform.

4. Use of Platform

4.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for official government purposes in accordance with your assigned role and responsibilities.

4.2 Access Levels

The Platform provides different access levels based on user roles:

• Officers: Submit and manage discretionary power decision requests
• Reviewers: Review and provide feedback on submissions
• Administrators: Manage users, powers, and system configuration
• Auditors: Access audit trails and compliance reports
• Public Users: Search and view publicly available decision information

4.3 Intended Use

The Platform is intended solely for:

• Tracking and documenting discretionary power decisions
• Ensuring compliance with applicable legislation and regulations
• Facilitating transparency and accountability in government decision-making
• Providing public access to appropriate decision information
• Supporting auditing and reporting requirements

5. User Responsibilities

As a User of the Platform, you agree to:

5.1 Compliance

• Comply with all applicable laws, regulations, and government policies
• Use the Platform only for authorized and legitimate purposes
• Follow your department's or agency's internal procedures and guidelines
• Respect confidentiality requirements and data protection regulations

5.2 Accuracy

• Provide accurate, complete, and truthful information in all submissions
• Properly document all discretionary power decisions with adequate justification
• Promptly correct any errors or inaccuracies in your submissions
• Ensure all uploaded documents and attachments are legitimate and relevant

5.3 Professional Conduct

• Maintain professional standards in all interactions on the Platform
• Respect the roles and responsibilities of other Users
• Respond to review comments and requests in a timely manner
• Report any technical issues, security concerns, or policy violations

6. Intellectual Property Rights

6.1 Platform Ownership

The Platform and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Government of the British Virgin Islands. The Platform is protected by copyright, trademark, and other laws of the British Virgin Islands and foreign countries.

6.2 User Content

You retain ownership of any content you submit to the Platform ("User Content"). However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for the purposes of operating the Platform and fulfilling transparency and accountability requirements.

6.3 Government Work Product

Content created by government employees in the course of their official duties may be considered government work product subject to applicable public records and freedom of information laws.

6.4 Trademarks

All trademarks, service marks, logos, and trade names displayed on the Platform are the property of their respective owners. You may not use these marks without prior written permission.

7. Prohibited Activities

You agree NOT to engage in any of the following prohibited activities:

7.1 Security Violations

• Attempting to gain unauthorized access to the Platform or related systems
• Interfering with or disrupting the Platform's operation or servers
• Circumventing any security or authentication measures
• Probing, scanning, or testing the vulnerability of the Platform
• Using automated tools to access the Platform without permission

7.2 Misuse of Information

• Accessing or using data you are not authorized to view
• Sharing confidential or sensitive information inappropriately
• Using Platform data for personal gain or commercial purposes
• Scraping, data mining, or extracting data without authorization

7.3 Fraudulent Activities

• Submitting false, misleading, or fraudulent information
• Impersonating another user or government official
• Creating multiple accounts without authorization
• Manipulating decision records or audit trails

7.4 System Abuse

• Uploading viruses, malware, or malicious code
• Overloading or attempting to crash the Platform
• Modifying, adapting, or reverse engineering the Platform
• Using the Platform in any way that violates applicable laws

8. Data & Submission Guidelines

8.1 Submission Requirements

All discretionary power decision submissions must:

• Include complete and accurate information about the decision
• Provide adequate justification and supporting documentation
• Reference applicable legislation and ministerial powers
• Be submitted in a timely manner according to established procedures
• Comply with your department's submission standards

8.2 Document Upload Standards

• Upload only relevant, legitimate documents
• Ensure files are free from viruses and malicious code
• Use approved file formats and stay within size limits
• Properly label and describe all uploaded documents
• Redact sensitive personal information where appropriate

8.3 Data Quality

You are responsible for the quality, accuracy, and completeness of all data you submit. Poor data quality may result in submission rejection, delays, or requests for additional information.

8.4 Public Disclosure

Certain information submitted to the Platform may be made publicly available in accordance with transparency requirements. You should be aware that decisions may be published and should not include unnecessary sensitive or personal information.

9. Termination & Suspension

9.1 By You

You may discontinue use of the Platform at any time. If you wish to close your account, please contact your system administrator or our support team. Note that certain records may need to be retained for compliance and legal requirements.

9.2 By Us

We reserve the right to suspend or terminate your access to the Platform:

• If you violate these Terms or applicable laws
• If your employment or authorization ends
• If we detect suspicious or unauthorized activity
• If required for security, maintenance, or operational reasons
• At the request of your department or agency
• For any other reason at our sole discretion

9.3 Effect of Termination

Upon termination or suspension:

• Your right to use the Platform immediately ceases
• Your account credentials will be deactivated
• You must cease all use of and delete any Platform materials in your possession
• Certain provisions of these Terms will survive termination, including those related to intellectual property, disclaimers, and limitations of liability

10. Disclaimers & Warranties

10.1 "As Is" Basis

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Guarantee of Availability

We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content or data on the Platform.

10.3 Technical Issues

The Platform may experience downtime for maintenance, updates, or unforeseen technical issues. We are not liable for any loss or damage arising from such interruptions.

10.4 User Responsibility

You acknowledge that you are solely responsible for your use of the Platform and any consequences that may result from such use. You should maintain backups of important data and not rely solely on the Platform for critical records.

11. Limitation of Liability

11.1 No Liability for Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE GOVERNMENT OF THE BRITISH VIRGIN ISLANDS, ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content

11.2 Maximum Liability

Our total liability to you for all claims arising out of or relating to these Terms or your use of the Platform shall not exceed the amount, if any, paid by you to us for accessing the Platform.

11.3 Basis of the Bargain

The limitations of liability set forth above are fundamental elements of the basis of the bargain between us and you. The Platform would not be provided without such limitations.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be instituted exclusively in the courts of the British Virgin Islands, and you consent to the jurisdiction of such courts.

12.3 Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any disputes through informal negotiation with our designated representative. Contact information is provided in Section 14.

12.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

12.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Changes to These Terms

13.1 Right to Modify

We reserve the right to modify or replace these Terms at any time at our sole discretion. Changes may be necessary due to legal, regulatory, operational, or technical reasons.

13.2 Notification of Changes

When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page
• Notify Users through the Platform with a prominent notice
• Send email notifications to registered Users
• Provide a summary of key changes
• In some cases, require explicit acknowledgment or consent

13.3 Continued Use

Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

13.4 Review Responsibility

It is your responsibility to review these Terms periodically. We recommend checking this page regularly to stay informed of any changes.