Introduction
These Terms and Conditions govern your use of the OnSite property photo verification platform operated by OnSite Data (ABN 31 328 549 540) at https://onsitedata.com.au (the "Platform"). By registering for or using the Platform, you agree to be bound by these terms.
These terms apply to all users of the Platform, including lenders, mortgage brokers, valuers, property managers, insurers, conveyancers and their team members (collectively "Subscribers"), as well as Points of Contact (POC) who complete property verifications.
The Platform
OnSite Data provides a SaaS platform that enables Subscribers to send property photo verification requests to Points of Contact. The Platform facilitates the collection of geotagged property photos as part of due diligence workflows.
OnSite Data is a technology platform only. We do not provide property valuations, legal advice, financial advice or any professional assessments. The outputs of the Platform are tools to assist Subscribers in their own due diligence processes.
Account Registration
To access the Platform, Subscribers must register and provide accurate, current and complete information including a valid Australian Business Number (ABN). You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
OnSite Data reserves the right to suspend or terminate accounts that provide false information, breach these terms or are used for any unlawful purpose.
Subscriber Obligations
As a Subscriber, you agree to:
- Use the Platform only for lawful purposes and in accordance with these terms
- Obtain all necessary consents before sharing a verification link with a Point of Contact
- Ensure that Points of Contact are made aware of how their data (including GPS location and photos) will be used
- Not use the Platform to harass, deceive or unlawfully surveil any person
- Keep your account credentials secure and notify us immediately of any unauthorised access
- Comply with all applicable Australian laws, including the Privacy Act 1988 (Cth)
Restrictions on Use
The Subscriber must not:
- Copy, reproduce, modify or create derivative works of the Platform
- Reverse engineer, decompile or attempt to extract the source code or underlying logic of the Platform
- Use the Platform or any non-public aspects of it to develop, support or operate a competing product or service
- Use any outputs, reports or data generated by the Platform to replicate, train or develop competing systems or workflows
- Disclose or exploit confidential aspects of the Platform for competitive purposes
Confidentiality
The Platform, including its structure, workflows, features and non-public functionality, constitutes confidential information. The Subscriber must not disclose or use such information except as necessary to use the Platform.
Intellectual Property
All intellectual property in the Platform, including software, design, trademarks and content, is owned by or licensed to OnSite Data. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose.
Points of Contact retain ownership of submitted photographic content. By submitting content via the Platform, the Point of Contact grants: (a) the relevant Subscriber a non-exclusive licence to use the content for verification and due diligence purposes; and (b) OnSite Data a non-exclusive licence to store, process and display the content for the purpose of operating the Platform.
Payments and Billing
Access to certain features of the Platform is subject to payment of fees as set out in the applicable subscription or per-job pricing at the time of use. All fees are in Australian dollars. The standard rate is $15.00 per approved job, inclusive of GST. No additional charges apply unless pricing is expressly updated by OnSite Data.
OnSite Data reserves the right to change pricing with reasonable notice. Continued use of the Platform after a pricing change constitutes acceptance of the new fees.
Limitation of Liability
To the maximum extent permitted by law: (a) OnSite Data excludes all liability for indirect, consequential, incidental or special loss or damage arising from use of the Platform; and (b) OnSite Data's total liability to a Subscriber for any claim is limited to the total fees paid by that Subscriber in the 12 months preceding the claim.
Nothing in these terms excludes any liability that cannot lawfully be excluded under the Australian Consumer Law.
Data Retention
Verification records are retained on a tiered basis. Raw photographs are deleted after 2 years from the date of submission unless retained due to an active dispute or legal hold. Verification metadata (including GPS coordinates, timestamps, anomaly flags and job status) and generated PDF reports are retained for a minimum of 7 years for audit, compliance and evidentiary purposes.
Approved verification records are immutable. Subscribers may not edit or delete approved records. This protects the evidentiary integrity of the record and the interests of all parties.
Indemnity
The Subscriber indemnifies OnSite Data against any claims, losses, damages, costs or liabilities (including legal costs) arising from or in connection with: (a) misuse of the Platform by the Subscriber or any Point of Contact engaged by the Subscriber; (b) unlawful collection or use of personal information; (c) breach of these Terms; or (d) any act or omission of a Point of Contact in connection with a verification request.
Points of Contact — No Agency
Points of Contact act independently and are not agents, employees or representatives of OnSite Data. OnSite Data is not responsible for the conduct, accuracy or reliability of any Point of Contact. Subscribers are solely responsible for selecting, engaging and instructing Points of Contact.
Termination
OnSite Data may suspend or terminate your access to the Platform at any time, with or without notice, if you breach these terms or if we determine that continued access poses a risk to the Platform or other users.
You may cancel your account at any time by contacting us. Upon termination, your data will be retained for a reasonable period before deletion in accordance with our Privacy Policy.
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.
Changes to These Terms
We may update these terms from time to time. We will notify Subscribers of material changes by email or via the Platform. The current version will always be available at https://onsitedata.com.au/legal/terms.
Contact Us
OnSite Data (ABN 31 328 549 540)
Email: hello@onsitedata.com.au
Website: https://onsitedata.com.au