ONIS Community Terms and Conditions
Welcome to ONIS Community®! Thank you for using our Services and being part of the biggest grass roots movement, the world has ever seen, creating a new world economy. These Terms and Conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you use the ONIS Community websites, services, and mobile apps that link to these Terms (the “Services“). By using any of the Services you are agreeing to these Terms. You are also agreeing to comply with our ONIS Community Rules of Association and our ONIS Community Members Code of Conduct, which are incorporated herein by reference. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Services.
Your privacy is very important to us. Our Privacy Statement sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Statement carefully. In particular, you should be aware that we do not share your information with any third party, unless required by Law, and compelled by a valid legal process.
Important Things for You to Understand When You Use Our Services
- You always maintain ownership of your data, but we need the ability to use your data for the purpose of creating interaction opportunities amongst our members, we intend to connect people based on common interests and foster the economy of our Global Community
- You may at any time request that we delete your data and account, as described in our Privacy Statement.
- As we are constantly striving to improve the Services, we provide you, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms.
We are constantly changing and improving our Services, and for this reason we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.
- Eligibility to Use the Services
Users of the Services include members, foundation members, accountant members and any other member that can be defined in future. You must provide accurate, complete and current registration information when you register. The Services are intended for adults in the countries where they are being offered. Memberships are open to individuals worldwide.
Professional and Personal Development Services (Professional Services): You must be at least 18 years old to purchase or activate these services.
Other services: For other services in ONIS Community, a parent or legal guardian may activate these services for a minor, and provide us consent and payment Information. If you are between the ages of 13 and 17, you may become a member of ONIS Community and use the Services, not professional and personal development services, with your parent’s or guardian’s permission.
Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any Personal Information directly from children under the age of 13.
- Your Use of the Services
Requirements for Using the Services: In exchange for your access to the Services, including the Professional and Personal Development Services described below, you agree:
- To comply with all ONIS Community Rules and Regulations;
- To comply with all applicable laws;
- Not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these Terms;
- Not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- You are responsible for all usage and activity on the Services made via your account;
- You agree to use the tool for uploading projects for funding with integrity and ensure the business plan presented is a genuine, sound and viable opportunity and regenerating for your local economy.
- You agree to contact usif you suspect your account has been breached or used without your authorisation.
- Additional Terms Applicable to Your Use of Professional and Personal Development Services
As used in these Terms, the “Professional Services” refers to the use of our founding members professional or personal development services videos and copyright content.
The purpose of the Professional Services is to provide methods and related products for your informational, recreational, educational and personal and professional training and development use.
- You will not use the information obtained from the Professional Services in whole, in part and/or in combination with any other database, for any discriminatory purpose or illegal activity.
- Use your Personal Information as described in these Terms and the Privacy Statement.
- Renewals and Cancellations of Services
Your monthly subscription to the Services is subject to the Automatic Renewal and Cancellation Terms, which are incorporated herein.
- Content Used in the Services
ONIS Community Content: The Services and other User Profiles contain photos, videos, documents, and other content that is protected by copyright and intellectual property laws.
We refer to this content as “ONIS Content.” Except for WebSearch records, such as Google ® which are governed by the third parties that host these records, all ONIS Content is owned by or licensed to ONIS Community and may be used only in accordance with these Terms. You may use the ONIS Content only as necessary for your personal use of the Services
With respect to ONIS Content, you agree:
- To keep all copyright and other proprietary notices on any ONIS Content you download or print; and
- Not to distribute, republish, or sell significant portions of any ONIS Content.
Personal Information and User Provided Content: When you use the Services, you provide us with different types of information. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us, see our Privacy Statement. You may ask us to delete your Personal Information as explained in our Privacy Statement. In addition, you may provide us with information that is not considered Personal Information, such as a picture of a tombstone or a story about a relative. In these Terms, we refer to this type of information as “User Provided Content.”
With respect to User Provided Content, you agree that:
- You are solely responsible for your User Provided Content;
- You represent and warrant that you have all the necessary rights to upload or post your User Provided Content and that your User Provided Content complies with the ONIS Community Rules of Conduct;
- You will provide ONIS Community, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
- Any User Provided Content that you have made public or shared in ONIS Community, as part of your public profile in one of the Services or in a public posting on one of our Services, may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any information or User Provided Content that you have made public or has otherwise been shared from the family trees or public profiles of other users.
ONIS Community has no responsibility or liability related to User Provided Content. While we do not routinely monitor User Provided Content that is uploaded or posted to the Services, we do reserve the right to do so and to use automated tools that monitor User Provided Content for violations of these Terms, including, the ONIS Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the ONIS Community Rules.
If you have concerned that User Provided Content posted by other users may infringe your rights, contain illegal material, or violate these Terms please contact us. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, please contact us
Public Domain Content: Some ONIS Content may be in the public domain, and yet also subject to restrictions on reuse. We refer to ONIS Content in the public domain as “Public Domain Content.” You are free to use a small portion of individual photos and documents that are Public Domain Content, but you must obtain our written permission to use more than a small portion of these collections. If you have any questions about your use of Public Domain Content, please contact us.
Additional User Information. You may voluntarily choose to provide additional information about yourself or your grass roots project to ONIS Community, in response to our email surveys, or through the Services (“Additional User Information”). Additional User Information does not include account, profile, payment, or usage details necessary to provide the Services, or any User Provided Content. You may have the option to share your Additional User Information with other users. Any sharing of Additional User Information with third parties is governed by our Privacy Statement.
Ownership of Personal Information, Additional User Information and User Provided Content: You own your Personal Information, Additional User Information, and User Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyse, communicate and store your Personal Information (including your Genetic Information) and Additional User Information in order to (a) provide the Services to you and other users, (b) for the purposes described in these Terms and our Privacy Statement, Also, by submitting User Provided Content through any of the Services, you grant ONIS Community a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for ONIS Community to copy, display, and index your User Provided Content. ONIS Community will own the indexes it creates. We will also have the right to continue to use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.
Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all ONIS Community Content in the Services.
- Termination or Suspension of Your Account
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of ONIS Communities’ Code of Conduct, these Terms or, the ONIS Community Rules of Association. In such a case, you will not be entitled to a refund of paid subscription fees and in the case of having a project being funded by the ONIS Rehabilitation Trust Fund, this matter will be addressed separately by the Committee of ONIS Community.
While we hope you enjoy using our Services, there are things we don’t promise about our Services.
Except as expressly set out in these Terms, we provide the Services and the Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the ONIS Community Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the ONIS Community Content or Services, or (d) that the ONIS Community Content or Services will be free from viruses or other harmful components.
- Modifications to these Terms
We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, and cancel your membership subscription.
- Limit of Liability
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your membership subscription. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to all members of ONIS Community.
- Your Indemnity
You agree that you will indemnify and hold ONIS Community, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release ONIS Community from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
- Services Offered by Other Companies
We may offer you the opportunity to purchase services from companies other than ONIS Community. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.
- Controlling Law
If you access the Services on our websites, the laws of the State Victoria in Australia are applicable, the Common Law of Australia, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in Australia will be subject to the jurisdiction of the courts of the State of Victoria.
- Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We work hard to keep our customers satisfied. If a dispute arises between you and ONIS Community, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.
You and ONIS Community agree that these Terms affect interstate commerce and that the International Arbitration Act 1974 governs the interpretation and enforcement of these arbitration provisions, under the regulations of The Australian Centre for International Commercial Arbitration (ACICA)
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any questions regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English.
Fees: You will be required to pay the required fees by ACICA to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, ONIS Community will pay all other fees invoiced by ACICA, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
No Class Actions: You and ONIS Community each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Changes to This Section: ONIS Community will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.
ONIS Community Parties: You are entering into these Terms with a specific ONIS Community entity. We reserve the right to change the ONIS Community entity which is a party to these Terms at any time as a result of a corporate reorganization or otherwise.
Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and ONIS Community regarding your use of the Services and supersede any prior agreements.
Notification of Changes to the Services: ONIS Community may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.
Feedback: If you submit feedback or suggestions about ONIS Community or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.
Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of ONIS Community, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.
No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.