Introduction
These Terms and Conditions govern your use of the OnSite property photo verification platform at https://onsitedata.com.au (the "Platform"). The Platform is operated by Cameron Panagis trading as OnSite Data (ABN 31 328 549 540) ("OnSite Data", "we", "us" or "our").
By creating an account or using the Platform, you agree to be bound by these terms. If you accept them on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.
These terms apply to organisations with an OnSite Data account, such as lenders, mortgage brokers, valuers and other property professionals, and their team members (collectively "Subscribers"), as well as Points of Contact (POC) who receive a verification link and submit photos. The Points of Contact section below applies specifically to Points of Contact.
The Platform
The Platform lets Subscribers send a verification link to a Point of Contact, who uses it to submit geotagged photos of a property. The Platform records location data, timestamps and other evidence about the submission, and produces a report for the Subscriber.
OnSite Data provides technology only. We do not provide property valuations, inspections, or legal, financial or other professional advice. The Platform is a tool to support your own due diligence, and you remain responsible for your own decisions.
GPS and location data depend on the Point of Contact's device and network, and may be inaccurate. A location result supports, but does not prove, that a person was at a property.
Account Registration
You must give accurate and complete information when you register, including a valid Australian Business Number (ABN), and keep it up to date.
Applications are reviewed before an account is activated, and we may decline an application.
You are responsible for keeping your login details secure, for all activity under your account, and for the conduct of your team members. Tell us promptly at hello@onsitedata.com.au if you suspect unauthorised access.
The number of team members you can add depends on your plan.
Subscriber Obligations
As a Subscriber, you agree to:
- Use the Platform only for lawful purposes and in accordance with these terms
- Only request photos of a property, and contact a Point of Contact, where you have a genuine reason and the right to do so
- Make sure each Point of Contact understands what they are being asked to do and how their information, including their location and photos, will be used
- Comply with all applicable Australian laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)
Restrictions on Use
You must not:
- Use the Platform to harass, deceive, or unlawfully track or surveil any person
- Send verification links to people you have no legitimate reason to contact
- Copy, modify, reverse engineer or attempt to extract the source code of the Platform
- Use the Platform, its outputs or any non-public information about it to build or support a competing product or service
- Interfere with the security or operation of the Platform
Plans and Fees
Current plans and fees are shown on our pricing page and in your account. The fee that applies to a charge is the one shown at the time the charge is made.
On pay as you go, you are charged the per-job fee when you approve a job. You are not charged for jobs you reject, cancel or leave unapproved.
A subscription is charged monthly in advance, starting on the day you subscribe, and renews automatically on the same day each month until you cancel it. Each plan includes a monthly allowance of approved jobs. Jobs approved beyond that allowance in a billing period are charged at the per-job fee, and we show you the charge before you confirm the approval.
An upgrade takes effect immediately, and you are charged the difference for the rest of the current billing period. A downgrade or cancellation takes effect at the end of the current billing period.
Free Trials
We may offer a free trial at our discretion. The length and conditions of any trial are set out when it is offered. No payment card is needed during a trial, and jobs approved during a trial are not charged.
When a trial ends, your account moves to pay as you go unless you have chosen a subscription.
Payment and GST
Fees are payable by the card saved in your account, and you authorise us to charge that card for fees as they fall due. Payments are processed by Stripe.
All fees are in Australian dollars. OnSite Data is not currently registered for GST, so no GST is charged. If we become registered, GST may be added to fees, and we will give notice in the same way as for a price change.
Failed Payments
If a payment fails, we will try again and let you know. If it is still unpaid three days after it first failed, your account will be restricted until it is paid.
While restricted, you can still view your jobs, history and reports, but you cannot create or send verification links or approve jobs. Full access returns as soon as payment succeeds.
Price Changes
We will give you at least 30 days' notice, or one full billing period's notice if that is longer, before increasing a fee. If you do not want to continue at the new price, you may cancel before it takes effect without penalty.
Refunds
You are only charged when you approve a job, so approving a job is how you accept it. If you are not satisfied with a submission, reject it and you will not be charged.
We do not give refunds for a change of mind. This includes jobs that have been approved and downloaded, and the unused part of a subscription period after you cancel. You keep access until the end of that period.
This does not limit your rights under the Australian Consumer Law. If our service fails to meet a consumer guarantee, for example because a report does not generate correctly due to a fault on our side, we will fix or re-supply it, or refund the fee for that job. Where the law allows, our liability for such a failure is limited to supplying the service again or paying the cost of having it supplied again.
If we end your subscription for a reason other than your breach of these terms, we will refund the unused part of the current billing period.
To raise a billing concern, contact hello@onsitedata.com.au within 30 days of the charge.
Data Retention
We handle personal information in line with our Privacy Policy at https://onsitedata.com.au/legal/privacy.
Approved jobs are removed from your dashboard after the retention period set by the team member who created the job, counted from approval. The periods available are 7, 30, 90, 180 or 365 days. Photographs and reports are permanently deleted 60 days after the job leaves the dashboard, so there is time to download anything you need.
Photographs from jobs that are not approved are permanently deleted 60 days after the verification link closes, whether it was cancelled or reached its expiry date.
We keep a record of each job, including the property address, loan reference, approval details, location verification results and a digital fingerprint of each photograph, for 7 years. After that, personal information is removed from the record, and we keep only what we need for billing and financial records. We email the organisation owner at least 30 days before this happens.
If a job is needed for a legal matter or dispute, contact us at hello@onsitedata.com.au and we can place it on legal hold. While a job is on hold, nothing in it is deleted or de-identified.
Approved jobs cannot be edited. This protects the evidential value of the record for everyone involved.
Intellectual Property
We own, or are licensed to use, all intellectual property in the Platform, including its software, design and content. We grant you a limited, non-exclusive, non-transferable right to use the Platform for its intended purpose while your account is active.
Photos remain owned by the Point of Contact who took them, as set out under Points of Contact below.
Confidentiality
Non-public parts of the Platform, including its features and workflows, are our confidential information. You must not disclose or use them except as needed to use the Platform.
We will keep your non-public business information confidential and use it only to provide the Platform, except where the law requires us to disclose it.
Points of Contact
If you have received a verification link, the following applies to you:
- You are submitting photos at the request of a Subscriber, not OnSite Data. Questions about why you have been asked should go to that Subscriber
- The Platform collects your device's location while you use the link, to check that you are at the property. You can decline location access, and the Subscriber will be able to see that you declined
- You keep ownership of the photos you take. By submitting them, you allow the Subscriber to use them for verification and due diligence, and allow us to store and process them to operate the Platform
- You must only submit genuine, current photos of the property you have been asked about
Points of Contact act independently. They are not agents, employees or representatives of OnSite Data, and we are not responsible for what they submit.
Availability and Changes to the Platform
We aim to keep the Platform available and reliable, but we do not guarantee it will be uninterrupted or error-free. We may carry out maintenance and will try to give notice of planned downtime.
We may improve or change the Platform. If a change significantly reduces what your paid plan provides, we will give you notice, and you may cancel without penalty.
Limitation of Liability
Nothing in these terms excludes, restricts or modifies any right you have under the Australian Consumer Law or any other law that cannot be excluded.
Subject to that, neither of us is liable to the other for indirect or consequential loss, including lost profits, revenue or data. Each party's total liability to the other under or in connection with these terms is limited to the fees you paid in the 12 months before the event giving rise to the claim.
These limits do not apply to your obligation to pay fees, or to either party's liability for fraud, wilful misconduct or breach of confidentiality.
Indemnity
You are responsible for claims made against us by third parties, including a Point of Contact or anyone whose information you have submitted, to the extent they arise from your unlawful use of the Platform, your breach of these terms, or your breach of privacy law. This responsibility is reduced to the extent the loss was caused by our own act or omission.
Cancellation
You can cancel a subscription or close your account at any time from your account settings. A cancellation takes effect at the end of the current billing period.
Suspension and Termination
We may suspend or end your access if:
- You materially breach these terms and do not fix the breach within 14 days of our notice
- A payment remains unpaid after the restriction period described under Failed Payments, and we have notified you
- We reasonably believe immediate action is needed to prevent unlawful use, fraud, or harm to the Platform, Points of Contact or other users, in which case we will tell you as soon as practicable
We may also end our arrangement with you for any other reason by giving at least 30 days' notice, and we will refund the unused part of any prepaid period.
After your account ends, photographs, reports and job records are deleted or de-identified on the schedule described under Data Retention. Fees owing up to the end date remain payable.
Changes to These Terms
We may update these terms from time to time. For changes that materially reduce your rights or increase your obligations, we will give at least 30 days' notice by email or through the Platform, and you may close your account before they take effect without penalty. Other changes take effect when published here.
The current version will always be available at https://onsitedata.com.au/legal/terms.
Transfer
We may transfer our rights and obligations under these terms to a company we control, for example if OnSite Data becomes a company, and we will notify you if we do. You may not transfer your account without our written consent.
Notices
We may give you notices by email to your account's contact address or through the Platform. You can give notices to us at hello@onsitedata.com.au.
Disputes
If a dispute arises, we will both first try in good faith to resolve it by discussion before starting proceedings, except where urgent relief is needed.
Governing Law
These terms are governed by the laws of Victoria, Australia. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria.
Entire Agreement
These terms, together with our Privacy Policy and the plan details shown when you subscribe, are the entire agreement between us about the Platform. If any part of these terms is unenforceable, the rest continues to apply.
Contact Us
Cameron Panagis trading as OnSite Data (ABN 31 328 549 540)
Email: hello@onsitedata.com.au
Website: https://onsitedata.com.au