Freedom of Information Activists

Terms of Use

1. Introduction
   1. In these terms of use, "we", "us" and "our" means Freedom of Information Activists. Please read these terms of use carefully as they apply to your use of this website including any website content (Website). By accessing or using the Website you agree to be bound by these terms of use.
   2. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
   3. These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
   4. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
   5. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
   6. The word "including" when used in these terms of use is not a term of limitation.
   7. We may revise these terms of use from time to time, and we will note the date of the most recent revision at the bottom of the terms of use when such revisions are made.
   8. These terms of use are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
2. Copyright and other rights
   1. The Website is subject to copyright and possibly other intellectual property rights.
   2. The text, images, works and all data (Website Content) featured on the Website are also protected by copyright.
   3. Subject to the terms of clause 3 (Licence to use the content on the Website), any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on the Website
   1. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
   2. We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.
   3. Except as provided in these terms of use, permission to use or copy the Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may email admin@foia.org if you wish to seek such consent.
   4. Subject to applicable law, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.
4. Linking to the Website
   1. Linking to the Website for any purpose is expressly prohibited unless prior written consent is obtained from us. You may email admin@foia.org if you wish to seek such consent.
   2. You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us.
   3. If we notify you that we object to the manner in which you provide links to the Website, you must immediately cease providing such links.
5. Accuracy of content
   1. Some of the information on the Website may be provided by third parties, including the contributions by other users of the Website. We cannot guarantee that this information is accurate, up-to-date or complete, and any representations on the Website about such information are provided for entertainment purposes only.
6. Registration
   1. You are not required to register to use the Website.
   2. However, certain features on the Website will only be available if you do register. You must keep any pseudonym and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a password reset hyperlink to your registered email address so that you may reset your password.
   3. You may cancel your registration by notifying us at admin@foia.org and providing your pseudonym and registered email address.
7. Email communications
   1. We may communicate with you electronically for all aspects of your use of the Website, including by sending you electronic notices.
   2. You may receive email messages from us, such as alerts when new contributions are made by other users to the Website, or when other users send private messages to you.
   3. If you send a private message, you are responsible to ensure that the recipient is open to receiving your communications.
   4. We cannot prevent undersirable actions by users of the Website and we cannot be held responsible for messages that may be sent to you, or by you, in this manner.
   5. You can elect not to receive email messages from us by adjusting your Website preferences. Should you require any assistance with this, you may email admin@foia.org.
   6. We are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
8. Website access
   1. When registering to use the Website, you must provide information such as your pseudonym, password and email address. We will deal with this information pursuant to clause 14 (Privacy).
   2. You must not share your pseudonym and password with anyone else.
   3. We may, without notice to you, review, modify or remove any material which you contribute, in our absolute discretion, including where we believe it violates these terms of use.
   4. We may suspend or cancel your use of the Website or any of its features, temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these terms of use.
   5. The material provided and views expressed by users are the materials of those users and are not ours.
   6. By using the Website, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
9. Contributing to the Website
   1. You must not contribute to the Website any material (Your Content) that is, or otherwise would be:
      1. false, misleading or deceptive;
      2. defamatory, or in breach of any rights (including intellectual property rights) of another person;
      3. unlawful, or a cause of legal liability for you or us; nor
      4. contrary to the etiquette espoused by us on the Website from time to time.
   2. By contributing Your Content to the Website, you:
      1. grant us a non-exclusive, worldwide, royalty-free and perpetual licence (including a right of sub-licence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
      2. warrant that you have the right to grant us such licence.
   3. You agree to indemnify and hold us harmless from any claim made by any third party arising out of Your Content.
10. General restrictions
    1. You understand and agree that the Website is used electronically, and that in using the Website you must not:
       1. provide us with inaccurate or incomplete information;
       2. violate any applicable laws, or use the Website for any purpose that is unlawful;
       3. use any functionality of the Website to send unwanted emails or spam;
       4. distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
       5. collect or store personal data about other users of the Website; nor
       6. engage in any conduct that inhibits any other person from using or enjoying the Website.
11. Warranties and liabilities
    1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
    2. In particular, and without limiting clause 11.1:
       1. while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
       2. we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
    3. We recommend that you use up-to-date anti-virus, anti-spy-ware and firewall tools if you access or use the Website.
    4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website is limited to AUD $100 and we are not liable for, and no measure of damages will under any circumstances include damages that are:
       1. special, indirect, consequential, incidental, or punitive;
       2. for loss of profits, revenue, goodwill, bargain, data or anticipated savings;
       3. in contract, tort (including without limitation negligence) or equity;
       4. under statute or indemnity;
       5. based on a fundamental breach, a breach of a fundamental term or any other basis; nor
       6. forewarned or foreseeable.
    5. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
12. Variation of the Website
    1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
13. Linked sites
    1. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link on the Website does not imply that we endorse the linked site or its subject matter.
14. Privacy
    1. Your site access or usage data, including your interactions with the Website, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms of use.
15. Force majeure
    1. No party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
16. Infringing or objectionable content
    1. If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please email admin@foia.org to report the matter.

• These terms of use were revised by us on May 3, 2023.