CORSnet-NSW - Terms and Conditions

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

(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 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 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.