Ask Parliament App
Terms & Conditions
Last updated: 21 February 2023
We (Democracy Developers Ltd ABN 80 656 928 415) are a special purpose not-for-profit public company. We enter into these Terms (defined below) with you. “You” means you personally, unless: (a) you validly represent another person or entity with written authority to enter into these Terms on their behalf (you are a “Representative”), in which case, it means the person or entity you represent (but you personally warrant that you are authorised to represent and bind the person or entity), or (b) otherwise provided in these Terms.
We operate the “Ask Parliament” mobile app (the App) which is intended to facilitate democratic communication on important political topics between Australian citizens and their elected parliamentary representatives. General users of the App can post and “up-vote” or “down-vote” questions to Members of Parliament (MP’s). A question may request a response via the App or request that an issue be raised with public authorities and parliamentary committees for their response. MP users can then post responses or updates via the App. This is the limited purpose for which we make the App available.
By accessing and/or using the App, you’re agreeing to these Terms which are available on our website. These Terms apply every time you access or use the App, and for the period you have a registered Account with us. We may update these Terms at any time by posting the updated terms on our website, and updates will take effect at the time of posting or at a later date specified. It is your responsibility to check for updates but we will use commercially reasonable efforts to notify you of major updates eg. by emailing you if you have provided an email address or where practicable, notifying you via the App. If you don’t agree to these Terms or any update, you must cease your use or accessing of the App and delete your Account.
You must not use the App and should not download it if any of the following apply:
- you live outside Australia – the App is only for Australian use and is not designed to comply with non-Australian privacy and data protection requirements;
- you are under 18, unless you have your parent’s or guardian’s consent to use the App and they agree to be bound by these Terms and responsible for your use of the App;
- you are legally prohibited from accessing or using the App (including where you are legally prohibited from accessing services that may be used by minors); or
- your access to the App or any user Account has previously been barred, de-activated, disabled or cancelled by us (eg. due to your breach of our Code of Conduct or for some other reason), regardless of whether you are using a different email address, name or other Account details.
1. Definitions
Capitalised terms are defined in this section or elsewhere in these Terms in brackets. Code of Conduct means the code of conduct which is applicable to all full users of the App, as updated by us, and available on our website. Privacy Policy means our privacy policy, as updated by us, and available on our website. Public Record means the publicly available record or public transcript of User Content available via the App and online. User Content means all content, questions, answers, comments, information and data available within the App which is submitted, posted or uploaded by App users (whether or not moderated or amended by us). Your Data means any questions, answers and other free text you upload, post or submit within the App, and any related information such as media and data you input, upload or associate with your Account profile, your comments, your up-votes and down-votes (or similar activity), and your feedback or questions relating to the App or its content. Terms means these App Terms and Conditions, Privacy Policy and the Code of Conduct (if applicable to your Account) as periodically updated by us.
2. The App
Download the App to your device to register an account (Account) and use the App with it. We may update and require you to download updates to the App over time, or prevent your continued use of an older version.
We may modify, update or discontinue the App or its features at any time, without notice, in our discretion. As we make the App available for free, we won’t provide any remedy for doing this, but you can cease using the App if you are not satisfied with it at any time.
We may make available some limited, standard email or other support for your use of the App at no charge.
3. Registering
You are not obliged to register an Account. Without registering, you may use the App in read-only mode with limited features, indefinitely. If you register, you are not obliged to provide your real name or to specify your electorates. If you do, your information will be handled in accordance with our Privacy Policy, And you must comply with the following:
- if you use a pseudonym, you cannot impersonate or appear to impersonate someone else;
- if you choose to publish your electorates, they must be accurate and kept up to date;
- if you provide an email address, it must be your own (or if you are a Representative, the email address of the person you Represent).
We are not obliged to accept your registration but will reject or withdraw registrations on a reasonable basis, eg. for breach of these Terms or for user community safety.
You must only register one single Account (except where you are a Representative, in which case you may register one single Account in your personal capacity and one in your capacity as a Representative). You must not give Account access to any other person. You are fully responsible for all App activity undertaken using your Account, whether authorised or not. You are solely responsible for the security and secrecy of your Account login details. If you believe your login details have been compromised or unauthorised activity has taken place on your Account, you should reset your password and/or contact us for assistance.
Your Account privacy options (including which of your profile data will be visible publicly) is addressed in our Privacy Policy.
4. App use and restrictions
You may access and use the App for the purpose it was made available, subject to your continued strict compliance with these Terms, including the Code of Conduct (if applicable). If you don’t agree to any updates to these Terms, you must cease using the App.
You must not do or attempt to do any of the following: (a) allow any third party to access the App using your account, sublicense or transfer your access in any way, or sell or commercially exploit the App, your Account or User Content in any way; (b) bypass, evade or breach any security, access or authentication measure or restriction on or connected to the App, gain unauthorised access to the App, any user Account or any connected services (c) damage, disrupt or interfere with the functioning of the App, or introduce any virus or similar harmful code into the App or User Content; (d) use the App for any unlawful purpose or in any unlawful manner; (e) use the App in a manner that infringes intellectual property rights, spams, or breaches the privacy, confidentiality or other rights of any person, defames any person, or results in illegal or unlawful content being posted or uploaded; (f) use the App in breach of these Terms (including the Code of Conduct), or to harm or injure any person in any way; or (g) use the App or User Content for a purpose other than the purpose it was made available to you (without restricting your rights to deal with the App source code available under the GNU General Public License, version 3.0).
5. Bugs and security disclosures
If you identify a security vulnerability in the app or the server, you must notify us via github private vulnerability disclosures at https://github.com/RightToAskOrg/righttoask-app/security/ or https://github.com/RightToAskOrg/right_to_ask_server/security. You agree to keep your findings confidential for 45 days from the date of notification to us. In return, we commit to responding to your disclosure promptly and making appropriate patches as soon as we can. Although we do not have the resources to pay large bug bounties, we will credit you on our website (if you wish) and possibly send you a small token of thanks (such as a t-shirt).
6. Intellectual Property
We and our licensors retain all rights in the App and all related documentation (including all intellectual property and other rights subsisting in them), other than as expressly stated. Our App source code is made available under the GNU General Public License, version 3.0.
You retain ownership of Your Data. You understand and agree that Your Data (except for Account profile data which you never elected to make public) forms part of the Public Record which is an essential feature of the App, and you will not later be able to remove it or take it down. You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to use, copy, modify, adapt, translate, publicly display, sub-license, communicate and disclose Your Data subject to our Privacy Policy. You warrant that you are the owner, original author and creator of Your Data or that you otherwise have all rights, licences, authorisations and consents required to use it with and submit it to the App, and make it available to us for use as contemplated by these Terms. You grant to all users of the App now and in the future a non-exclusive, worldwide, royalty-free licence to use, copy, disclose, “share” or communicate to any person that of Your Data which is accessible to them via the App (including any of your Account data which you elected to make publicly visible on the App).
If you choose to give us feedback or comments about the App, we have the right to use it for our business purposes (eg. to improve the App or another service we provide) without compensation or reward to you, without attribution and without notice, as long as we comply with our Privacy Policy.
7. Safety and User Content
You use the App at your own risk; we don’t generally seek to control or moderate open discourse on the App and don’t pre-approve User Content before it goes live. It is therefore possible that you are exposed to User Content which you don’t agree with or don’t like, which breaches our Terms, or which may offend or harm you. Where User Content contains links to third party sites, you should exercise appropriate caution and note that we have not vetted and are in no way responsible for content made available via third party links. We are not responsible for User Content, or for any dispute you may have with another user. To the maximum extent permitted by law, we disclaim and exclude all liability, and you release us from any liability, with respect to disputes or claims between you and any other user, and for damages, injury or loss of any kind caused to you by other users, User Content or your use of the App.
We may monitor your use of the App to verify compliance with these Terms and to investigate any complaint or possible breach of the Terms. We do not promise to monitor or vet all User Content but we may do so, and we are committed to enforcing our Code of Conduct in appropriate circumstances when prohibited behaviour or User Content comes to our attention. If you suspect a breach of these Terms or consider any User Content to be harmful or unsafe, report it to us using the features available via the App.
We will investigate and respond to any complaints or other requests to review User Content or user behaviour (eg. where User Content has been reported as unsuitable in the App), and take action we deem appropriate in accordance with our Code of Conduct or as we otherwise deem appropriate to promote safety, security, App integrity or operation, and to reduce legal risk or the risk of harm to any person.
8. Privacy
We handle personal information (including yours) as described in our Privacy Policy. You must comply with our Privacy Policy and all applicable laws concerning privacy in your use of the App.
9. Liability
You indemnify and hold harmless us (and our related bodies corporate, and all agents, directors, employees, contractors, suppliers and licensors of any of them) from and against all liability, loss, damages, claims, demands, actions or proceedings, and any costs or expenses (including legal fees on a full indemnity basis) arising from: (a) your use of the App; (b) Your Data; (c) your breach of these Terms (including the Code of Conduct); and (d) your breach of any law or the rights of a third party. You may not settle any third party claim you are required to indemnify us for without our approval (acting reasonably), and we reserve the right to control or participate in the conduct of your defence for such a claim. Your liability under this indemnity is reduced to the extent caused by our breach of these Terms or any applicable law.
To the maximum extent permitted by law, we provide the App without guarantees or warranties of any kind other than those which we are not permitted to lawfully exclude (including those under the Australian Competition and Consumer Act 2010 (Cth)). Subject to this, while we make reasonable efforts to provide a materially functioning and secure App, we provide the App “as is” and “as available”, and do not make any representation or promise as to the quality of User Content or the App, or to the App being error free, constantly available, producing any particular result or outcome, containing accurate or reliable content, being free from viruses or harmful code or being secure. We are not liable for any matters outside our reasonable control, such as third party activity and network availability. As the App is made available for free, we don’t offer any service levels but security and privacy are addressed in our Privacy Policy.
To the maximum extent permitted by law, our liability – howsoever arising and whether arising under contract, indemnity, warranty, statute, common law, in equity, or in tort (including negligence) and regardless of whether we are aware of the possibility of such liability – is limited as follows: (i) we have no liability whatsoever for any indirect or consequential loss or damages of any kind, or (whether direct or indirect) for any loss of data, loss of use, loss of anticipated benefits, loss of reputation or goodwill, professional or business interruption, or loss of profits or revenues; and (ii) our liability under and in connection with these Terms, the App and our acts and omissions, for all claims in the aggregate, is limited to $10.
10. Termination
These Terms apply for as long as you have an Account and/or access or use the App. We can terminate or suspend your Account or use of the App at any time as contemplated in these Terms, and we will have no liability to you for doing so. You can terminate your use of the App or de-activate or delete your Account at any time without liability to us for doing so. Refer to our Privacy Policy for details of how we handle your Account data.
11. General
(A). These Terms are governed by the laws of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.
(B). We have the right to novate and assign these Terms without your consent where this is done on a general basis for all users (for example, in the event of an organisational change or restructure or the sale or purchase of our business or part of it or its operations), but we will only transfer our business to another entity with values consistent with ours. You are not permitted to assign, novate or transfer any rights or obligations under these Terms without our prior written consent. We may subcontract and use third party suppliers in our discretion and without notice or restriction (but this does not affect our responsibility to comply with these Terms).
(C). These Terms are the entire agreement between you and us, and supersede all prior agreements, representations or understandings. You acknowledge you haven’t relied on any representations concerning us or the App in entering these Terms or using the App, unless those representations are expressly reflected in these Terms.
(D). Notices to us must be via email or post to info@democracydevelopers.org.au or 6/8 Bromham Place, Richmond VIC 3121 with attention to the General Manager, or as we otherwise notify you. We may send you notices via email to your current Account email address or any email address you have contacted us from, or posted via the App.
(E). The parties intend that if any part of these Terms is found to be invalid or unenforceable, it will be read down or, if unable to be read down, severed.
(F). A waiver of a right or remedy will not of itself constitute a waiver of any future or other right or remedy.
(G). A party is not responsible for a delay or failure to comply with these Terms which is caused by an event beyond its reasonable control, other than an event or circumstance which is contemplated by these Terms to be the responsibility of that party.
(H). Terms which by their nature are intended to survive these Terms, survive them, including (without limitation) clauses 5, 6, 8 and 9.
