1
Introduction
1.1
The
CORSnet-NSW (“CORSnet”) is provided and administered
by DCS Spatial Services (“DCS”) and enables
online access to spatial and other land information products and services.
1.2
DCS
agrees to provide access to CORSnet to you under these terms and conditions
including the DCS Privacy Statement https://www.spatial.nsw.gov.au/privacy).
(a)
by
clicking the “I ACCEPT” button you understand and agree to these terms and
conditions.
(b)
by
accessing CORSnet, DCS will treat that access as acceptance of these terms and
conditions.
1.3
You
may not access CORSnet if you are a minor.
1.4
Direct
any questions regarding these terms and conditions to corsnet@customerservice.nsw.gov.au
prior to accepting these terms and conditions.
1.5
DCS
may amend these terms and conditions at any time.
1.6
In
the case of any conflict between these terms and conditions and any act or
regulation, the act or regulation prevails.
2
Access to Products
2.1
Unless
otherwise agreed in writing by DCS, you are prohibited from:
(a)
on-selling,
or on-supplying, or sub-licensing products in any form to any other person or entity; or
(b)
altering
the format, meaning or substance of any products supplied; or
(c)
making
copies of the products other than as are reasonably required for backup
purposes; or
(d)
rebroadcasting,
reformatting, or reconstructing products or part thereof; or
(e)
otherwise
publishing, blending or dealing with the products.
2.2
Unless
otherwise agreed in writing by DCS, you may not do any of the following with
the products:
(a)
alter,
blend or combine the products or part thereof;
(b)
data
aggregating, data matching, marketing, compilation of mailing lists, list
brokering or any related purpose except to the extent that such data
aggregation, data matching, marketing, compilation of mailing lists, list
brokering or related purpose is required by law (including any obligation under
a court order); or
(c)
print
the product in any pre-printed paper unless the layout and pre printed format
has been approved by DCS.
2.3
You
agree to keep all userids and passwords, if any, secure and confidential to
prevent unauthorised access to CORSnet.
2.4
At
any time DCS may:
(a)
amend
access to CORSnet or the products and services available within CORSnet; or
(b)
discontinue
CORSnet in its entirety.
2.5
Where
DCS becomes aware of a breach of these terms and conditions, DCS may
immediately revoke access and deny further access to CORSnet.
3
Service Levels
3.1
You
acknowledge that some products may be sourced, updated and / or provided by a
third party.
3.2
You acknowledge that some products may be sourced, updated
and / or provided by Queensland Government and licensed under Creative Commons Attribution (CC) BY 3.0 AU.
3.3
You
acknowledge that some products and datasets are only hosted by DCS.
3.4
You
acknowledge that some products are available as searching aids only.
3.5
You
acknowledge that DCS is not responsible for any corruption, or failed
transmission of any products or services, attributable to your computer system
or omission of your Internet Service Provider (“ISP”).
3.6
You
agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of CORSnet.
3.7
You
agree that you will not use any device, software or routine to abuse the
service of CORSnet or emulate human interaction and operation.
3.8
You
agree that any software that is made available to download from CORSnet may
require you to enter into an end user licence agreement with the software
supplier.
3.9
You
acknowledge that access to CORSnet:
(a)
may
not be continuous or uninterrupted at all times; and
(b)
may
be interfered with by factors or circumstances outside DCS’ control.
3.10
You
agree that DCS will and is entitled to collect and store Internet Protocol
(“IP”) addresses, ISPs and other identifying information you may provide in accessing
CORSnet. This information will be stored securely by DCS for a period of not
less than seven years.
3.11
You
agree that DCS may set an upper limit on the number of products (or volumes of
products) you may request or access via CORSnet.
3.12
DCS
will use its reasonable endeavours to ensure that the service is available
during electronic business hours (midnight until 23.45 AEST) daily.
4
Fees
4.1
You
agree that some products are supplied for a fee. These fees may be varied from
time to time.
4.2
You
acknowledge that the fees are expressed in Australian dollars and include GST
and any other applicable taxes and charges.
4.3
Unless
otherwise agreed, DCS will issue
Tax Invoices (including GST where appropriate) and you agree to pay the Tax
Invoices.
5
Liability
5.1
You
agree that, other than as expressly provided and to the extent permitted by
law:
(a)
no
warranty, condition, description or representation is given by DCS in relation
to CORSnet or any part thereof, and any products or services provided;
(b)
except
as provided in Clauses 5.3 and 5.4 DCS shall not be liable to you for any loss
or damage (including loss of profits, business, revenue or data) whether in
contract, tort (including negligence) or otherwise arising from or in
connection with:
(i)
these
terms and conditions;
(ii)
the
performance of CORSnet or any part thereof;
(iii)
any
defect, error or inaccuracy of CORSnet or any part thereof or any products or
services;
(iv)
any
lack of completeness, suitability or fitness for purpose of CORSnet or the
products or services;
(v)
any
inaccuracy, omission, defect or error in your computer systems; and
(vi)
any
claim for infringement of intellectual property rights based upon the
modification, combination, operation or use of CORSnet or any part thereof with
any computer programs, systems or data, not furnished by DCS.
5.2
The
availability and accuracy of CORSnet and its products and services is dependent
upon your software equipment and functionality. DCS does not guarantee the
compatibility of such variables.
5.3
Where
legislation implies that any term (including a condition or warranty) which
cannot by law be excluded, DCS is liable to you for breach of a non-excludable
term. The liability of DCS for such breach will be limited to the extent permitted by law and,
at the option of DCS, to one or more of the following:
(a)
the resupply of the product or service; or
(b)
the
cost of such resupply.
5.4
You
must indemnify and keep indemnified, hold harmless and defend DCS from and
against any and all actions, proceedings, claims, demands, costs, losses,
damages and expenses which may be brought against or made upon DCS arising
from, or incurred by reason of, or in connection with:
(a)
any
provision of CORSnet or any part thereof;
(b)
any
act or omission by you;
(c)
any
breach by you; or
(d)
any
use, including unauthorised use, of CORSnet, or any userid or password.
5.5
DCS
will not be under any liability for any delay, loss or damage (including
consequential loss) caused to you directly or indirectly by the unavailability
of access to CORSnet, or any part thereof, due to your failure to comply with
these terms and conditions, or power or mechanical failure or any cause
whatsoever outside the control of DCS including acts of war, acts of God, acts
of terrorism, earthquake, flood, riot, embargo, sabotage or governmental act.
5.6
Any
product provided via CORSnet is only current at the time and date of supply or
transmission from DCS.
5.7
DCS
does not render legal advice or engage in other professional services in
relation to CORSnet.
6
Continuity of Service
6.1
You
acknowledge that DCS has no control over the speed of transmission of the
products and services where the internet is used for access.
7
Intellectual Property
7.1
You
agree that you will not remove, obscure, or alter any copyright or proprietary
rights notices which may be affixed or contained within a product.
7.2
You
acknowledge and agree that all copyright, trademark and other intellectual
property rights in the products and services are the property of DCS, the
State of New South Wales
or other third parties.
7.3
You
must promptly report to DCS any infringement or suspected infringement of any
copyright or proprietary rights referred to in Clause 7.
8
Privacy
8.1
You
acknowledge that DCS is subject to the provisions of the Privacy and Personal Information Protection Act 1988 (NSW) (“PPIP”) and the Privacy and Personal Information Protection Regulation 2000 (NSW) in
respect of the personal information defined in section 4 of the PPIP Act as
“personal information”.
8.2
“Personal
information” may be used in the creation of your access to CORSnet, and this
information will be used and recorded in connection with accessing CORSnet.
8.3
Your
“personal information” will not be released unless the law permits it or your
permission is given.
8.4
You
must:
(a)
not
do anything which if done by DCS would be a breach of the legislation or
regulation referred to in Clause 8;
(b)
comply
at all times with the requirements of the Privacy
Act 1988 (Cth) (“Privacy Act”) in relation to its handling of “personal
information” including the collection, use, disclosure, and security of such
information, whether or not the client is required by law to comply with the
provisions of the Privacy Act;
(c)
comply
with DCS privacy policies;
(d)
comply
with any and all directions given by DCS in order for DCS to comply with its obligations
under the legislation and regulations referred to in Clause 8.
8.5
You
may only use “personal information” for the authorised purpose for which it was
collected, or other purpose permitted by law.
9
Disputes
9.1
Where
you have any complaint in relation to CORSnet, you must contact CORSnet
administration via corsnet@customerservice.nsw.gov.au.
Where reasonably required by DCS, you must put the complaint in writing
together with relevant documentation.
9.2
If
any dispute arises out of these terms and conditions, you agree to allow DCS
reasonable opportunity to resolve the matter before commencing litigation.
10
General Terms
10.1
If
any of these terms and conditions are held to be invalid or unenforceable that
term or condition:
(a)
will
be read down to the extent necessary to make it valid and enforceable; or
(b)
may
be severed and the remaining terms and conditions enforced.
10.2
The
headings in these terms and conditions are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of any provision
of these terms and conditions.
10.3
You
acknowledge that these terms and conditions are governed by and interpreted in accordance
with the law of the State of New
South Wales.
11
Inconsistency
11.1
Where
a user is bound by the DCS Products and Service Agreement or other agreement
with DCS, in the event of any inconsistency between these Terms and Conditions
and the agreement, the agreement prevails. You must ensure that you are aware
of your underlying legal obligations.