1. Terms

Terms of Use

‘Yes, I read the Terms & Conditions.’ It must be one of the biggest lies on the Internet. We get it.

But as much as we like to challenge the status quo, Ts & Cs are a legal must-have.

Plus, it’s important to make clear what you can expect from us, and what we expect from you.

This page outlines the terms of use of the OnlyFacts website.

The first thing you need to know is that by using OnlyFacts, you’re agreeing to these terms. So, that means you need to read and understand them.

We want to help you do that. That’s why we’ve written an extra part under each section. It’s called ‘Basically’. The ‘Basically’ part is supposed to help you understand the Legal part (which you also need to read) and is not legally binding.

Introduction

The OnlyFacts website http://onlyfacts.io (hereinafter referred to as the “Site”) is designed to provide you with real-world data in relation to an array of issues that impact our communities, society and the built environment.

The Site is owned by Only Facts Pty Limited ACN 667 873 234. In these Terms of Use, “OnlyFacts”, “we” “us” and “our” refers to Only Facts Pty Limited ACN 667 873 234. These Terms of Use (these “Terms of Use”) apply to all the products and services offered by OnlyFacts (collectively, the “Service”).

Basically … whenever we refer to ourselves, we’re representing the company.

1. Acceptance of Terms

These Terms of Use set forth legally binding terms for your use of the Site. By using the Site, you agree to be bound by these Terms of Use, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered on the Site as a user). If you do not wish to accept these Terms of Use, you should leave the Site and discontinue use of the Service immediately.

Basically … by using OnlyFacts, you agree to all the terms below.

2. General Registration Requirements

In order to access the Services provided by Only Facts on the Website you must become a registered user by completing a registration form and providing certain information as set out on the Website’s membership/registration page.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

On registration we will provide you with a password.

Only Facts reserves the right to terminate your registration at any time if you breach these Terms of Use. You may access the Website as available:

  • for your information and personal use; and
  • as intended through the normal functionality of the Service.

3. Minors

OnlyFacts’ content are available to authorised representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 12 years old, and who are authorised to access the Site by a parent or legal guardian. If you have authorised a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

By using the Site, you are representing that you are eighteen (18) years of age or older, or at least 12 years and authorised to access the Site by a parent or legal guardian.

Basically … OnlyFacts is for adults or kids with permission.

4. Termination or Suspension of Account

You agree that OnlyFacts may at any time and for any reason, including a period of account inactivity, terminate your access to the Service, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

Basically … if we need to restrict access, we can.

5. Preservation/Disclosure

You acknowledge, consent and agree that OnlyFacts may access, preserve and disclose your account information if required to do so by law or if OnlyFacts, acting reasonably, considers that such access, preservation or disclosure is reasonably necessary to:

  1. comply with legal process nationally or internationally;
  2. enforce these Terms of Use;
  3. respond to claims that any Content violates the rights of third parties;
  4. protect the rights, property or personal safety of OnlyFacts; or
  5. pursuant to the terms of the Privacy Policy.

Basically … if the law says we have to disclose information, we can.

6. Proprietary Rights

All materials on the Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by OnlyFacts or by third parties that have licensed or otherwise provided their material to OnlyFacts. You acknowledge and agree that all Materials on the Site are made available for limited, non-commercial, personal use only. Except as specifically provided in these Terms of Use or elsewhere on this Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without OnlyFacts’ prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

Basically … please respect our stuff.

7. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by OnlyFacts. Unauthorised framing of or linking to any of the Site is prohibited and may result in termination of membership privileges.

Basically … you can’t make money from our work, unless we’ve agreed to it.

8. Other Sites

Our Site may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Site. OnlyFacts does not assume any responsibility or liability for the actions, product, and content of any such Site. Before you use any third-party Site, you should review the applicable terms of use and policies for such third-party Site. The inclusion of a link on the Site does not in any way imply OnlyFacts’ endorsement of such third-party Site. If you decide to access any such linked Site, you do so at your own risk.

Basically … there might be links to other sites but we’re not responsible for their stuff.

9. Privacy Policy

OnlyFacts respects your privacy and permits you to control certain aspects of the treatment of your personal information as set out in OnlyFacts’ Privacy Policy. A complete statement of the current privacy policy can be found in OnlyFacts’ Privacy Policy. The Privacy Policy is expressly incorporated into these Terms of Use by this reference.

Basically … we respect your right to privacy and there’s another policy about that.

10. Membership

No Sharing. Members of OnlyFacts may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by OnlyFacts as fraudulent use of the Site, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.

Fraudulent Use. OnlyFacts reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

The licence to access and use the information on our Site does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Site without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Site.

Basically … please don’t steal our work.

11. Disclaimer of Warranties

The Site is being made available by OnlyFacts for the purposes of communicating information for the benefit of the public.

You agree that your use of the Site shall be at your sole risk. The Site and the Materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, OnlyFacts, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.

OnlyFacts makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this Site and assumes no liability or responsibility for any:

  1. errors, omissions, mistakes, or inaccuracies of content;
  2. any unauthorised access to or use of OnlyFacts secure servers and/or any and all personal information and/or financial information stored therein;
  3. any interruption or cessation of transmission to or from the Site;
  4. any bugs, viruses, trojan horses or the like which may be transmitted to or through the Site by any third party; and
  5. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

OnlyFacts does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked Site or featured in any banner or other advertising and OnlyFacts will not be a party to or in any way be responsible for monitoring any transaction between You and any third party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You must exercise your own skill and care when using the Site and carefully evaluate the veracity and relevance of the Material for your own purposes.

This Site is not a substitute for independent professional advice and you must obtain any relevant professional advice relevant to suit your unique circumstances.

Basically … we get data from many places and even though we always try to be right, sometimes there might be mistakes.

12. Limitation on Liability

To the fullest extent permitted by law including, but not limited to, the Australian Consumer Law, in no event shall OnlyFacts, its officers, directors, employees or agent, be liable to you for any direct, indirect, incidental or consequential damages and OnlyFacts, to the fullest extent permitted, excludes and restricts the application of all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and the exercise of any right conferred by any such provision. You specifically acknowledge that OnlyFacts shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

No communication of any kind between You and OnlyFacts or a representative of OnlyFacts shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in these Terms of Use.

Basically … we are not liable if something goes wrong.

13. Indemnity

You agree to release, indemnify and hold harmless OnlyFacts, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees and costs) arising from:

  1. your use of or access to the Site;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or
  4. any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Site.

This release and indemnity is intended to be as broad and inclusive as permitted by the laws of the jurisdiction referred to in clause 20 of these Terms of Use if a portion of this release is held invalid, the balance shall remain in full force and effect. You may have rights under the Australian Consumer Law. This release and indemnity is not intended to restrict, modify or limit your rights under the Australian Consumer Law.

Basically … please don’t do the wrong thing.

14. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Site.

Basically … while it’s unlikely, sometimes our service might be interrupted.

15. Assignment

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnlyFacts without restriction.

Basically … these Terms are for you.

16. Waiver and Severability of Terms

The failure of OnlyFacts to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect.

Basically … we can choose if we want to enforce these Terms.

17. Amendment

We may modify these Terms of Use from time to time and without notice, and such modification shall be effective upon its posting on the Site. You accept, and agree to be bound by, any modification to these Terms of Use when you use the Site after any such modification is posted; it is therefore important that you review these Terms of Use regularly.

Basically … these Terms might change from time to time.

18. Compliance with International Law

To the extent required by law, including international law and treaties to which Australia is a party, these Terms of Use and the Website will comply with international law.

19. Privacy

When visiting this Site, a record of your visit is logged.

Depending on the information provided by your browser the following information may be collected:

  1. type of browser used
  2. server address (i.e. IP address which is stored anonymously)
  3. operating system (for example Windows, MAC)
  4. the date and time you visited the Site
  5. pages and links visited, and documents downloaded
  6. the path you took to get to the site
  7. region, country and preferred language settings.

We may use the above information to understand how our Site is being used. This helps us improve our Site and provide you with a better experience.

We will comply with all relevant laws, including the Privacy Act 1988 (Cth), that regulate the protection of personal information. Your personal information will not be disclosed to any person or entity except in the following circumstances:

  1. you give us permission;
  2. it is authorised or required by law; or
  3. it falls within an exception set out in the Australian Privacy Principles.

We store information in different ways, including:

  1. our document and records management systems;
  2. cloud storage;
  3. browser storage; and
  4. cookies.

We use cookies created both by us and third parties. If you prefer not to receive cookies, you can change your browser settings. However, you may not be able to use the full functionality of the Site.

Basically … we collect user data to make a better service.

20. Jurisdiction

These Terms of Use are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms of Use will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

If any provision in these Terms of Use is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms of Use and the remaining provisions will remain in full force and effect.

Basically … we follow NSW laws.

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