TERMS AND CONDITIONS

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1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the acouncilbility mobile application ("App") and related services ("Services"), you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and acouncilbility ("we," "us," or "our"), operated under Australian law.

2. SERVICE DESCRIPTION

2.1 Platform Nature

acouncilbility is a technology platform and form submission service that facilitates the creation and transmission of civic reports to government authorities. We are an intermediary platform, not a publisher or creator of user content.

2.2 Core Functions

• Form generation and submission to government authorities and responsible organizations
• Report routing and transfer to appropriate responsible authorities (public or private)
• Public mapping and display of civic reports
• Anonymous reporting through privacy-by-design architecture
• Community transparency and accountability tools

2.3 Platform Not Publisher

We do not create, edit, modify, or endorse user-submitted content. We provide technology infrastructure only. All content is created solely by users.

2.4 No Emergency Use

3. USER RESPONSIBILITIES AND WARRANTIES

3.1 Content Liability

You are solely responsible for all content you submit, including but not limited to:

• Accuracy and truthfulness of all statements
• Lawfulness of all submissions
• Compliance with defamation laws
• Respect for privacy rights of others
• Adherence to local, state, and federal laws

3.2 User Warranties

By submitting content, you warrant that:

• All information is true and accurate to your knowledge
• You have the legal right to share all submitted content
• Your submission does not violate any laws or third-party rights
• You understand the permanent and public nature of your submission (or private nature for private reports)
• You are 18 years of age or older

3.3 Prohibited Content

You must not submit content that:

• Contains false, misleading, or defamatory information
• Violates any person's privacy or dignity
• Contains hate speech, harassment, or discriminatory content
• Includes copyrighted material without permission
• Violates any applicable laws or regulations

4. REPORT LOCATION DATA AND PUBLIC DISCLOSURE

4.1 Report Location Data Collection

Our Services only collect and transmit location data when you actively submit a report. Location information may come from:

• Location coordinates you manually set or select for your report
• EXIF metadata from photographs you choose to include in your submission
• Current location you authorize the app to capture during report creation

4.2 Public Disclosure Consent

4.3 Third-Party Authority Sharing

Location data included in your reports may be shared with multiple organizations including:

• Local, state, and federal government authorities
• Public utilities and statutory bodies
• Private companies providing public services
• Contractors and service providers responsible for infrastructure
• Any organization determined to be responsible for addressing your report

4.4 Private Reporting Option

acouncilbility offers users the option to submit reports as "Private":

(a) Effect of Private Selection: When a user selects "Private Report":

• The report's detailed content (including description, photographs, and user-submitted identifying information) will not be published on public maps, user feeds, or in any publicly accessible forum
• The report will be transmitted only to the relevant government authority or responsible organization for investigation
• The general nature of the report (e.g., "Pothole", "Graffiti") and its approximate location may remain visible to the authority within their portal to aid in trend analysis
• The user's identifying account hash is not shared unless required for the report

(b) No Right to Convert Reports: A user cannot change a public report to a private report, or a private report to a public report, after submission.

(c) Authority's Discretion: The receiving authority may have its own policies regarding the disclosure of reports it receives. We are not responsible for an authority's decision to make a privately submitted report public.

(d) Our Retention of Data: The existence of a private report (including its category, date, time, and destination authority) will be retained on our systems as part of our permanent operational records. The detailed content of private reports will be handled in accordance with our Privacy Policy.

4.5 No Location Privacy for Public Reports

Location data included in submitted reports cannot be kept private and cannot be deleted after submission. This is fundamental to our public accountability mission and may be shared with any responsible authority.

5. REPORT ROUTING AND THIRD-PARTY TRANSFERS

5.1 Responsible Authority Determination

While reports are initially submitted to Local Government Authorities (LGAs), the actual responsible authority may be:

• State or federal government departments
• Public utilities (water, electricity, gas authorities)
• Private contractors managing public services
• Statutory authorities or government-owned corporations
• Other public or private organizations responsible for the reported matter

5.2 Automatic Transfer and Routing

You consent to your report being:

• Automatically transferred by LGAs to the appropriate responsible authority
• Routed by our systems to the correct responsible organization based on report category
• Shared with multiple authorities if responsibility is shared or unclear
• Forwarded to private entities when they are the responsible service provider

5.3 Third-Party Data Sharing Consent

By submitting a report, you explicitly consent to your data being shared with:

• All relevant government authorities at local, state, and federal levels
• Public utilities and statutory authorities
• Private companies contracted to provide public services
• Any organization determined to be responsible for addressing your report

5.4 No Control Over Routing Decisions

We do not guarantee:

• Correct identification of the responsible authority
• Appropriate routing by LGAs or our systems
• Response from the recipient organization
• Resolution of routing errors or disputes

5.5 Routing Liability Disclaimer

We are not responsible for:

• Incorrect routing or transfer decisions
• Delays caused by routing between organizations
• Failure of recipient organizations to respond or act
• Disputes between authorities regarding responsibility
• Data handling practices of recipient organizations

6. ACCOUNT SYSTEM AND PRIVACY ARCHITECTURE

6.1 Seed Phrase System

We use a privacy-by-design approach where:

• Users generate a 12-word seed phrase
• This creates a unique 24-character hash as your account identifier
• Only you control your seed phrase and account recovery
• We do not store traditional personal identification data

6.2 Account "Deactivation"

Users may deactivate accounts, but:

• Previously submitted reports remain permanently public (for public reports) or accessible to authorities (for private reports)
• The account hash becomes inactive but reports stay linked to public record where applicable
• This serves the public interest in transparency and historical accountability
• No personal data deletion is possible as reports become part of public record or operational records

6.3 Data Minimization

We collect only data necessary for service functionality:

• Location coordinates included in reports you submit (from manual selection, EXIF data, or authorized capture during submission)
• Photographs and descriptions you choose to include in reports
• Device metadata necessary for submission processing
• Report timestamps and identifiers

No Background Tracking: We do not continuously track, monitor, or collect your location or other personal data outside of active report submissions.

7. CONTENT MODERATION AND TAKEDOWN PROCEDURES

7.1 Automated Filtering Only

We employ minimal automated content filtering consisting of:

• Basic word filtering to detect clearly offensive language
• Technical validation of submission formats and requirements
• No human review, editorial judgment, or content evaluation

7.2 Platform Not Publisher Status

We do NOT:

• Review, edit, approve, or moderate content before or after publication
• Make determinations about content accuracy, merit, or legality
• Exercise editorial judgment over user submissions
• Act as publisher, curator, or content manager

We function solely as a technology provider facilitating submission, not verifying or endorsing content. We rely on safe harbour protections available to intermediary platforms under Australian law.

7.3 Notice-and-Takedown Process

If you believe content published via our Services is defamatory, unlawful, or infringes your rights, you may notify us in writing at legal@acouncilbility.org. Upon receipt of a valid legal notice claiming defamation, we will remove or restrict access to content as required by law. We do not otherwise monitor or pre-screen content.

7.4 Online Safety Obligations

We may remove or restrict content, without notice, if required under the Online Safety Act 2021 (Cth) or if directed by the eSafety Commissioner or another lawful authority.

7.5 Formal Takedown Process

Content will only be removed when we receive valid formal requests including:

• Court orders or legal directives requiring content removal
• Formal defamation complaints with statutory declaration and legal basis
• eSafety Commissioner directives under the Online Safety Act 2021
• Valid privacy complaints under the Privacy Act 1988 with legal standing
• Law enforcement requests with proper legal authority
• Content containing clearly illegal material (e.g., child exploitation)
• Technical issues that prevent proper display or transmission

7.6 Takedown Request Requirements

Formal takedown requests must include:

• Legal identity of complainant with contact details
• Specific content identification with exact report details and location
• Legal basis for removal (specific law or regulation violated)
• Statutory declaration confirming accuracy of complaint
• Evidence supporting the claim where applicable

7.7 Takedown Response Procedure

Upon receiving valid formal requests, we will:

• Review within 7 business days of receipt
• Remove content if legally required to do so
• Notify affected users where technically possible
• Maintain records of all takedown requests and responses
• Comply with any court orders or regulatory directives

8. INTELLECTUAL PROPERTY RIGHTS

8.1 User Content License

By submitting content, you grant us a perpetual, worldwide, royalty-free license to:

• Display your content publicly on our platform (for public reports)
• Transmit your content to relevant government authorities
• Include your content in public databases and archives (for public reports)
• Allow third-party access for research, journalism, and accountability purposes (for public reports)

8.2 Platform Technology

All platform technology, software, and infrastructure remain our intellectual property. Users receive only a limited license to use the platform for its intended civic reporting purpose.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

9.1 Platform and Technical Service Disclaimer

We provide the platform "AS IS" and disclaim all warranties including:

• Accuracy or reliability of user-submitted content
• Availability, uptime, or uninterrupted service
• Successful transmission of reports to authorities
• Government or third-party response to submitted reports
• Resolution of reported issues
• Reliability of network connectivity, mobile networks, or internet services
• Functionality during system maintenance, updates, or technical issues
• GPS accuracy or availability of location services
• Integration with third-party systems or government platforms

9.2 Technical Failures and Service Interruptions

We are not responsible for and disclaim all liability for:

• Network failures: Internet outages, mobile network disruptions, ISP problems
• System downtime: Server failures, maintenance periods, software updates
• Failed submissions: Reports that fail to transmit due to technical issues
• Data loss: Loss of report data during system failures or network interruptions
• GPS failures: Inaccurate or unavailable location services
• Third-party system failures: Government platform outages, integration failures
• Device compatibility issues: Hardware/software conflicts affecting functionality
• Service degradation: Slow performance during high usage or technical issues

9.3 No Compensation for Technical Issues

You acknowledge that:

• No refunds, credits, or compensation will be provided for technical failures, except as required under the Australian Consumer Law
• Failed report submissions due to technical issues must be resubmitted by the user
• We do not guarantee backup or recovery of lost data from technical failures
• Service availability may vary and is not guaranteed at any specific level
• Maintenance periods may result in temporary service unavailability

9.4 Content Disclaimer

We are not responsible for:

• The accuracy, completeness, or reliability of user content
• Defamatory, false, or misleading statements by users
• Privacy violations by users
• Legal consequences arising from user submissions

9.5 Australian Consumer Law and Consumer Guarantees

Our Services are provided to you free of charge as a civic-good platform to enhance democratic accountability. The Service is not provided on a commercial basis. Notwithstanding this:

(a) Application of ACL: Our Services are of a kind ordinarily acquired for personal, domestic, or household use or consumption. Therefore, the consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) apply to the supply of our Services to the extent required by law.

(b) Nature of Guarantees: To the maximum extent permitted by law, our liability for any failure to comply with a consumer guarantee is limited to:

• (i) in the case of the supply of services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again; and
• (ii) in the case of the supply of goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired.

(c) No entitlement to unrelated compensation: You acknowledge and agree that, as the Service is provided free of charge as a civic good, you are not entitled to, and we are not liable for, any compensation, damages, or costs that are unrelated to the provision of the Services themselves (such as, for example, the failure of a council to repair a reported pothole).

(d) Service Guarantees: We guarantee that our Services will be:

• Provided with due care and skill (the app is designed to function as described and we will take reasonable steps to ensure it does not lose reports due to faults within our control)
• Reasonably fit for the disclosed purpose (successfully transmit reports to authorities as described)
• We do not guarantee outcomes beyond successful report transmission (such as government response or issue resolution)

10. INDEMNIFICATION

10.1 User Indemnification

You agree to indemnify, defend, and hold harmless acouncilbility, its officers, directors, employees, and agents from any and all claims, damages, costs, and expenses (including reasonable legal fees) arising from:

• Any content you submit to the platform
• Your violation of these Terms related to content submission
• Your violation of any third-party rights through your submissions
• Any false, misleading, or defamatory statements you make
• Privacy violations or intellectual property infringement in your submissions

10.2 Defense Cooperation

You agree to cooperate fully in the defense of any claims and to allow us to control the defense and settlement of such matters.

11. APP STORE COMPLIANCE

11.1 Third-Party Stores

This App is distributed through third-party platforms including Google Play Store and Apple App Store. Your use is also subject to:

• Google Play Terms of Service (if applicable)
• Apple App Store Terms and Conditions (if applicable)
• Respective platform content and developer policies

11.2 Age Restrictions

This app is intended for users aged 18 and above only. By using the app, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from users under 18. Users under 18 are prohibited from using this service due to:

• Permanent public record creation with legal implications
• Anonymous reporting requiring adult understanding of legal consequences
• Content involving civic and government accountability matters

11.3 Content Rating Compliance

This App is rated for adult audiences (18+) and complies with content guidelines of distribution platforms regarding:

• User-generated content with civic and political themes
• Location-based services
• Permanent public record creation

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy

Data collection, use, and disclosure practices are detailed in our Privacy Policy, which forms part of these Terms.

12.2 Australian Privacy Principles

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles, including:

• Transparent data collection practices
• Purpose limitation for civic accountability
• Data security and protection measures
• User notification requirements

12.3 Public Record Exception

Submitted reports form part of a civic accountability record and are retained in the public interest. In accordance with APP 11.2 of the Privacy Act 1988 (Cth), such reports may be retained where lawful, reasonably necessary for transparency and accountability, or required by government authorities. Accordingly, deletion rights under privacy law do not apply to submitted reports. Other user account data and metadata may be subject to standard privacy deletion rights where not essential for civic accountability purposes.

12.4 Private Report Handling

For reports submitted as "Private":

• Content will be handled in accordance with standard privacy principles
• Authorities may have their own policies regarding disclosure - we cannot control downstream handling by government bodies
• Users should be aware that government authorities may be subject to Freedom of Information laws

13. AUTHORITY INTERACTION AND THIRD-PARTY TRANSFERS

13.1 Form Submission and Transfer Service

We act as a technology intermediary to facilitate form submission to responsible authorities, which may include:

• Government authorities at all levels (local, state, federal)
• Public utilities and statutory authorities
• Private companies providing public services
• Contractors managing public infrastructure
• Any organization responsible for addressing reported matters

We do not:

• Guarantee correct identification of responsible authorities
• Control routing decisions made by government authorities
• Guarantee response or action from any recipient organization
• Act as legal representatives or advocates
• Provide legal advice or services

13.2 Authority and Third-Party Cooperation

We may cooperate with legitimate requests from government and private authorities including:

• Compliance with court orders or subpoenas
• Assistance with law enforcement investigations
• Provision of technical data as legally required
• Transfer of reports to appropriate responsible organizations

13.3 No Authority Affiliation

We are independent of any government authority or private organization and do not represent or speak for any governmental body or private entity.

14. SUSPENSION AND TERMINATION

14.1 User Termination

You may deactivate your account at any time, subject to:

• Permanent retention of previously submitted reports (for public reports)
• Retention of operational records for private reports
• No deletion of public record content
• Continued application of these Terms to past submissions

14.2 Service Termination by Us

We may suspend or terminate access for:

• Violation of these Terms
• Illegal activity or content
• Technical requirements or legal obligations
• Persistent abuse or misuse of the platform

14.3 Effect of Termination

Upon termination:

• Access to submit new reports ceases
• Previously submitted content remains publicly available
• User obligations under these Terms continue indefinitely

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by the laws of Australia and the state/territory where our business is registered.

15.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

15.3 Alternative Dispute Resolution

Before commencing legal proceedings, parties agree to attempt resolution through:

• Direct negotiation
• Mediation through recognized dispute resolution service

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and acouncilbility regarding use of the Services.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Amendment

We may modify these Terms at any time by posting updated Terms within the App and on our website. Continued use constitutes acceptance of modified Terms.

16.4 Assignment

We may assign these Terms and our rights/obligations to third parties. You may not assign your rights or obligations without our written consent.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, internet backbone failures, government orders, pandemics, power outages, or acts of terrorism.

16.6 Contact Information

For questions about these Terms, contact us at:

Email: legal@acouncilbility.org
Website: https://acouncilbility.org/contact

17. MANDATORY PRE-SUBMISSION ACKNOWLEDGMENTS

Before submitting any report, you must acknowledge by checking the following boxes:

This document was last updated on 25/08/2025. We recommend users regularly review Terms for any updates or changes.