1. Parties to Agreement
The parties to this agreement are Canberra Connect (representing the Australian Capital Territory) and you.
2. Definitions
Unless the context otherwise requires:
"Canberra Connect" means the administrative unit of the Australian Capital Territory, the body politic established by the Australian Capital Territory (Self-Government) Act 1988 (C'th);
"we" or "us" means Canberra Connect;
"you" means the legal entity or entities using this site;
"database" means a database to which you have access pursuant to this agreement;
"this site" means the equipment, programs and services provided to allow you to access to publicly available information held in the databases of the Database Provider;
"Database Provider" means a Territory, State or Commonwealth Department or instrumentality, or other Government or non-government body contributing to this site.
3. Commencement
This agreement commences when you select a transaction from either the category listing, A-Z listing, search results or via a link from an external website.
4. Variation
We have the right to change or discontinue any feature on or accessible through this site at any time, including your ability to conduct any transactions, site content, hours of availability, pricing, equipment required for access and the terms and conditions of this agreement. Any changes will be set out on this site.
5. Charges and Terms of Payment
All relevant fees and taxes (such as transaction costs and goods and services tax) are payable at the time of submitting your transaction, application, request or payment. This agreement may terminate if your payment is not made at the relevant time.
6. Minimum System Requirements
This site utilises Internet based technology. It is your responsibility to meet the requirements that are listed in the minimum system requirements listed on the site help page. These requirements may be varied at any time by Canberra Connect. Notification of all changes to requirements will be provided on the home page of this site prior to the change occurring.
7. Transmission Speed
We have no control over the speed of transmission of data you experience where you access this site using the Internet. This is dependent on external factors, including your Internet service provider.
8. Interruption to Service
Canberra Connect does not guarantee that your access to this site will be uninterrupted. We will use our best efforts to provide access during the hours published on the site. However, there may be interruptions to services to facilitate urgent and reasonable maintenance by us.
Scheduled maintenance periods are required to ensure the viability of this site. Notification of scheduled outages will be visible on the home page prior to these outages.
We will not be liable to you or third parties for any loss, damage or injury arising from your use or attempted use of this site or resulting from any interruptions to the service beyond our control including but not limited to problems with your or your use of or access to any:
- Telecommunications provider;
- Internet service provider; or
- Hardware or software
except to the extent, if any, which we may not be able to lawfully exclude such liability.
9. Disclaimer of Liability
You agree that we will not be liable to you for:
- loss or damage to your records or data,
- loss of profits or savings actual or anticipated,
even if we are advised of the possibility of any such loss, or for any other thing (even negligence) to do with this site or your access to it (for example, without limitation, inaccurate information), except to the extent (if any) which we cannot exclude liability.
Without limiting clauses 7(3) or 8(1), in no event will we be liable for any loss, damage or injury of third parties claimed against you arising from or in relation to your use of this site or any other hyperlinked site.
10. Access Outside Australia
We do not represent that material or services in this site are appropriate or available for use in countries outside Australia. If you choose to access this site from outside Australia, you are responsible for compliance with foreign and local laws.
11. Links
We make no representations whatsoever about any other web site which you may access through this site. When you access a non-Canberra Connect web site, you accept that the site is independent from Canberra Connect, and that Canberra Connect has no control over the content on that web site. In addition, a link to a non-Canberra Connect web site does not mean that Canberra Connect endorses or accepts any responsibility for the content, validity of the link or the use, of such web site.
It is your responsibility to take all necessary precautions to ensure that whatever you access or select from this site for your use is free of such items as viruses, worms, "Trojan horses" and other items of a destructive or damaging nature. Canberra Connect takes no responsibility for damage incurred through the use of external links accessed through this site.
12. Intellectual Property and Copyright
The Australian Capital Territory owns copyright of material contained on this site. You acknowledge that you do not acquire any rights to the intellectual property contained in the information, including in the database, provided to you through this site.
You may download, display, print and copy, any material at this web site, in unaltered form only, for your personal use or for non-commercial use within your organisation.
Except as permitted above you must not copy, adapt, publish, distribute or commercialise any material contained on this site without the ACT Government's permission.
For further information please refer to the Copyright Act 1968 (Commonwealth)
13. Use of Information
This site is made available only for your personal use or business operations. You will not use this site's data to provide or facilitate direct online access to any third party or for commercial gain.
14. About You
Persons under the age of 18 years are not legally permitted to make payments using this site.
You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
15. Resolution of Issues
Any issue or dispute ("Issue") arising out of or in connection with this agreement shall be resolved as follows:
1. First by attempts in good faith by us (through our Online Services Operations Manager) and you to resolve the Issue.
2. Failing resolution between us and you, either party can refer the Issue to mediation by a mediator who is either agreed by the parties or failing agreement, who is approved by the chief executive officer for the time being of the Law Society for the Australian Capital Territory ("the Society"), on the terms of a mediation agreement approved by the Society, provided that:
a. such agreement requires the parties to share equally in the costs of the engagement of the mediator,
b. if the Issue is not resolved within 21 days of the commencement of the mediation process either part may then, but (subject to (2)(c)) not earlier, commence proceedings in any court of competent jurisdiction,
c. nothing in the mediation agreement prevents a party from commencing court proceedings relating to any Issue at any time where that party is seeking urgent interlocutory relief.
16. Governing Law
This agreement shall be governed by and interpreted in accordance with the laws of the Australian Capital Territory, Australia.
17. Entire Agreement
This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
18. Waiver
None of the terms and conditions in this agreement will be taken to be waived except by written notice signed by you and us.
