The following Terms govern the use of the Department of Transport and Main Roads' ("TMR", "we" or "us") online consultation hub (“the site”). The software platform utilised by the site is owned by Harvest Digital Planning Pty Ltd (Harvest) and operated by us.
What are the conditions with a user’s account?
We are not responsible for the content on the site that has been provided by the users of the site. Any content posted by you is subject to the rules of our Moderation Policy. Your contribution to the site may be edited, removed or not published if we consider it inappropriate or otherwise unsuitable in its original form (refer to the Moderation Policy). Contributors should also be aware that their posts may remain online indefinitely.
What do we require from our users?
You understand and agree that, without limitation:
- all information, data, images and other materials are the sole responsibility of the person from whom the content originated
- you are prohibited from advertising or offering to sell or buy any goods and services
- you cannot transmit content that contains software viruses or programs designed to change or destroy the functionality of any computer software or hardware
- you cannot transmit content that is or may be illegal, malicious, misleading, defamatory, offensive or is otherwise contrary to TMR's intended purpose of the site
- you cannot collect or store personal information about other users of the site
- you cannot impersonate any person or entity, including to a TMR representative
- you cannot interrupt or interfere with the site or servers or networks connected to the site
- you cannot attempt to gain unauthorised access to the site or other user accounts
- you must not make commercial use of the site or its content, or allow anyone else to do so
Can your account be suspended or terminated?
We may terminate or suspend access to your site and/or account immediately, without prior notice, including if you breach the Terms. We may immediately deactivate or delete your account and all the related files and information in your account. After your account has been terminated, the content you have posted may also remain indefinitely on the site.
If you want to terminate your own account, please send an email to firstname.lastname@example.org
The Terms shall be governed in accordance with the laws of Queensland, Australia, without regards to its conflict of law provisions. In the event a dispute arises from or in connection with these Terms, you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
Limitation of Liability and Indemnification
To the maximum extent permitted by law, TMR disclaims and excludes all liability for any claim, liability, loss (including loss of profit, revenue, goodwill or business opportunities, damage to reputation and any indirect or consequential loss), damage or expense of any kind, however caused (including by negligence), arising out of or in connection with the site including its use.
You hereby release, discharge, indemnify and hold harmless TMR and each of its officers and employees from and against any claim which may be brought against or made upon or incurred by any of them in connection with your:
- use of the site;
- breach of the Terms;
- breach of any law; or
- infringement of the intellectual property rights or moral rights of any third party.
What content do we own?
The site may contain or utilise the copyrighted material, trademarks, trade secrets and other proprietary information or intellectual property rights (“Intellectual Property”) of TMR and its suppliers and licensors. As between you and us, TMR owns and retains all proprietary rights in the Intellectual Property. As between you and us, Intellectual Property in the content of the site including to text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us.
Any original content that you submit or post on our site may be made available to the public and allows users to share your content (with the end user acknowledging your contribution) under the Creative Commons Attribution-ShareAlike 4.0 Australian License.
Except for Intellectual Property for which you have been given written permission, you may not copy, alter, transmit, sell, distribute any of the Intellectual Property on the site.
We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via our website. Any loss or damage incurred from those communications or dealings are solely between the user and the third party.
Disclaimer and Warranties
Your use of the site is at your own risk. We make no representation and give no warranty that the site will meet your requirements or be uninterrupted or error-free. Any material that you download through the site is done at your own risk and you are responsible for any loss or damage you may suffer or incur in connection with use of that data, including damage to your computer system or loss or corruption of data.
If any part of the Terms is determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, will be severed from the rest of the Terms and the remaining Terms will continue to be valid and enforceable to the fullest extent permitted by law.
In the Terms, the words "including", "includes" and similar phrases mean without limitation and do not exclude what else might be included.
What happens if the Terms change?
We reserve the right, at our sole discretion, to modify or replace the Terms at any time without notice. The most recent version of the Terms can be seen on this page. By continuing to access or use our site after those revisions become effective, you agree and will comply to the revised terms. If you do not agree to the revised terms, you must discontinue using the site.
If you have any questions about the Terms, please contact us at email@example.com