1.1 These Terms and Conditions shall govern your use of People Decide endorsed websites and apps (“PD Websites”).
1.2 By using PD Websites, you accept Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use PD Websites.
1.3 If you register with PD Websites, submit any material to PD Websites or use any PD Websites, we will ask you to expressly agree to these Terms and Conditions.
2.1 People Decide (r) Copyright (c) 2013 People Decide All rights reserved.
2.2 Subject to the express provisions of these Terms and Conditions:
a) People Decide together with its licensors, own and control all the copyright and other intellectual property right in PD Websites and the material on PD Websites; and
b) all the copyright and other intellectual property rights on PD Websites and the material on PD Websites are reserved.
3. License to use PD Websites
3.1 You may use PD Websites by means of a web browser, subject to the other provisions of these Terms and Conditions.
3.2 Except as expressly permitted by Clause 3.1 or the other provision of these Terms and Conditions, you must not download any material from PD Websites or save any such material in anyway.
3.3 You may only use PD Websites for your own personal purposes, and you must not use PD Websites for any other purposes.
3.4 Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on PD Websites.
3.5 Unless you own or control the relevant rights in the material, you must not:
a) republish material from PD Websites (including republication on another website);
b) sell, rent or sub-license material from PD Websites;
c) show any material from PD Websites in public;
d) exploit material from PD Websites for a commercial purpose; or
e) redistribute material from PD Websites.
3.6 Notwithstanding Clause 3.5, you may redistribute our email updates in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas or the whole of PD Websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measure on PD Websites.
4.2 MPs, MP-elects and Candidates who are using, endorsed by or promoted on PD Websites must vote on Bills in Parliament in accordance with the votes by PD Voters through PD Websites as described by the PD Constitution for the duration of their time as an MP.
4.3 All votes you make on PD Websites must be true, accurate, current, complete, and not fraudulent, tampered, obstructed or misleading.
5. Acceptable use
5.1 You must not:
a) use PD Websites in any way or take any action that causes, or may cause, damage to PD Websites or impairment of the performance availability or accessibility of PD Websites;
b) use PD Websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal fraudulent or harmful purpose or activity;
c) use PD Websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootlet or other malicious computer software;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to PD Websites;
e) access or otherwise interact with PD Websites using any robot, spider or other automated means;
f) violate the direction set out in the robots.txt file for PD Websites; or
g) use data collected from PD Websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from PD Websites to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through PD Websites, or in relation to PD Websites, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 You are eligible for an account on PD Websites under this Section 6, as described in PD Constitution.
6.2 You may register for an account with PD Websites by completing and submitted the account registration form on PD Websites, and clicking the verification link in the email that PD Websites will send to you.
6.3 You must not allow any other person to use your account to access PD Websites.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access PD Websites.
7. User IDs and passwords
7.1 If you register for an account with PD Websites, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10 and on PD Websites; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 During Parliamentary Sittings you must use your best endeavours to change your password every two (2) weeks.
7.5 You must change your password and notify us in writing immediately if you become aware of any disclosure of your password.
7.6 You are responsible for any activity on PD Websites arising out of any failure to keep your password confidential or regularly change your password, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
a) suspend your account;
b) cancel your account; and/or
c) edit your account details,
at any time in our sole discretion without notice or explantation.
8.2 You may unsubscribe from mailing lists by using the unsubscribe options.
8.3 You may de-register from being a PD Voter by using PD Websites contact form associated with your local PD MP, MP-elect or Candidate with “cancel my registration” in the comment field.
8.4 You may cancel your People Decide Political Party membership by sending an email with “cancel my membership” in the subject line to people [ at ] peopledecide.org.au and we confirm receipt.
9. Your content: license
9.1 In these Terms and Conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to PD Websites for storage or publication on, processing by, or transmission via, PD Websites.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
9.4 You grant to us the right to sub-license the rights licensed under Clause 9.2.
9.5 You grant to us the right to bring an action for infringement of the rights licensed under Clause 9.2.
9.6 You herby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted be applicable law.
9.7 Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublished or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these Terms and Conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdictions and under any applicable law).
10.3 Your content must not:
a) by libelous or maliciously false;
b) be obscene or indecent;
c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime;
g) be in contempt of any court, or in breach of any court order;
h) be blasphemous;
i) depict violence in an gratuitous manner;
j) be untrue, false, inaccurate or misleading;
k) constitute spam;
l) be offensive, deceptive, fraudulent, threatening, abusive, harassing, menacing, hateful or inflammatory; or
m) cause annoyance, inconvenience or needless anxiety to any person.
11.1 Donations up to $1,500 to Registered Political Parties, MPs, MP-elects and nominated Candidates may be tax deductible. Contact your accountant to find out whether the donation is tax deductible. Donations over $200 may be subject to disclosure under electoral laws. This is the reason we require your personal details when making a donation.
11.2 We may use funds for any use we see fit.
11.3 No refunds or return of monies will be made in any circumstances.
12. Limited warranties
12.1 We do not warrant or represent:
a) the completeness or accuracy of the information published on PD Websites;
b) that the material on PD Websites is up to date; or
c) that PD Websites or any service on the PD Websites will remain available.
12.2 We reserve the right to discontinue or alter any or all of PD Websites, and to stop publishing PD Websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alternation of any PD Websites, or if we stop publishing PD Websites.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, PD Websites and the use of PD Websites.
13. Limitations and exclusions of liability
13.1 The limitations and exclusions of liability set out in this Section 13 and elsewhere in a contract under these Terms and Conditions govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
13.2 Nothing in a contract under these Terms and Conditions will limit or exclude any of your:
a) liability for death or personal injury resulting from negligence;
b) liability for fraud or fraudulent misrepresentation;
c) liabilities under applicable law;
d) liabilities in any way that is not permitted under applicable law; or
e) liability that may not be excluded under applicable law.
13.3 Nothing in a contract under these Terms and Conditions will limit or exclude any MPs liabilities for breaching Clause 4.2 their obligation to vote on Bills in Parliament in accordance with the votes by PD Voters through the PD Websites as described by the PD Constitution or PD Deed Poll.
13.4 To the extent that PD Websites and the information and services on PD Websites are provided free of charge, we will not be liable for any loss or damage of any nature.
13.5 We will not be liable to you in respect to any losses arising out of any event or events.
13.6 We will not be liable to you in respect of any personal or business losses, including (without limitation) loss of or damage to health, social, emotional, physical, psychological or spiritual well-being, way of life, living conditions, brand, reputation, profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.7 We will not be liable to you in respect of any loss or corruption of any data, database of software.
13.8 We will not be liable to you in respect of any special, indirect or consequential loss of damage.
14. Breaches of these Terms and Conditions
14.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
a) send you one or more formal warnings;
b) temporarily suspend your access to PD Websites;
c) permanently prohibit you from accessing PD Websites;
d) publish, promote and inform PD Voters of your name, IP address/s and details of the breach you committed or we reasonably suspect you committed.
e) if you are a MP, MP-elect or Candidate publish, promote and inform public of your name, IP address/s and details of the breach you committed or we reasonably suspect you committed.
f) if you are a MP, MP-elect or Candidate do everything possible to inform and block access to Registered Voters.
g) block computers using your IP address from accessing PD Websites;
h) contact any or all of your internet service providers and request that they block your access to PD Websites;
i) commence legal action against you, whether for breach of contract or otherwise; and/or
j) suspend or delete your account on PD Websites.
14.2 Where we suspend or prohibit or block your access to PD Websites or a part of PD Websites, Registered Voters or PD Voters you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 We may revise these Terms and Conditions from time to time.
15.2 The revised Terms and Conditions shall apply to the use of PD Websites from the date of publication of the revised Terms and Conditions on PD Websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
17.1 If a provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of a contract under these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ right under a contract under these Terms and Conditions is not subject to the consent of any third party.
19. Entire agreement
20. Law and jurisdiction
20.1 A contract under these Terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland.
20.2 Any disputes relating to a contract under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the State of Queensland.
21.1 Australian Electoral Roll means the Australian Commonwealth Electoral Roll.
21.2 Bills and Issues means Bills and other instruments, if there are other instruments not considered bills, submitted to and voted on in Parliament.
21.3 Candidate means a candidate nominated to stand for election as a PD MP at an Australian election or fill a PD MP vacancy.
21.4 Clause means a clause in the Terms and Conditions.
21.5 Councillors means persons who sit in Local Council and vote on legislation. Terms and Conditions means this document the Terms and Conditions of PD Websites.
21.6 eserai GNU General Public Licence means GNU General Public Licence for eserai open-source software (www.eserai.com) endorsed by People Decide.
21.7 Local Council means the local government chamber where legislation is passed.
21.8 MP-elects means elected or nominated individuals yet to be sworn in MPs.
21.9 MP means Members of Parliament, Senators or Councillors of Parliament.
21.10 PD Constitution means the People Decide Constitution.
21.11 PD Deed Poll means the People Decide Deed Poll signed by PD MPs, MP-elects and Candidates to PD Voters obliging them to vote on legislation and make decisions in Parliament in accordance with the votes by PD Voters through PD Websites as described by the PD Constitution and these Terms and Conditions for the duration of their time as an MP.
21.12 PD MP means PD or Independent MPs that have signed a contract that Registered Voters can vote on Bills being debated in Parliament and they will vote in Parliament in accordance with Registered Voters as described in the PD Constitution and these Terms and Conditions.
21.14 PD Representative Contract means the contract signed between PD MPs, MP-elects and Candidates using PD Websites to work together in Parliament.
21.15 PD Voter means Registered Voters on the Australian Electoral Roll verified on PD Websites.
21.16 Parliament means the Parliament of the Commonwealth of Australia, Parliaments of State or Territory Governments of Australia or Local Council.
21.17 Parliamentary Sittings means a legislative session, a set period of time, in Parliament in which legislature is convened for the purpose of lawmaking.
21.18 Personal Information is personal identifiable information that is not available publicly.
21.19 Reference to a word includes the singular and the plural of the word and vice versa.
21.20 Registered Political Party means a registered political party with the Australian Electoral Commission.
21.21 Registered Voter means registered electors that can be verified on the Australian Electoral Roll.
21.22 Section means a section in the Terms and Conditions.
21.23 Terms and Conditions means this document the Terms and Conditions of PD Websites.
22.1 This document was created using parts of the template from SEQ Legal.
23. Statutory disclosures
23.1 We are an Australian political party and group of independents.
24. Our details
24.1 PD Websites are owned and operated by People Decide.
24.2 PD Websites are authorised by Leon Lechner, 350 Upper Roma St, Brisbane, QLD, 4000.
24.3 You can contact us by writing to the address given above or email.