Schedule 2 - Conditions of Use

1. Definition
   
   In these Conditions of Use:
   
   Facility means a specific eClearance submission facility provided by the Department of Planning for which authorisation is required for the use of that facility;
   
   Conditions of Use means the terms and conditions applying to the use of the eClearance submission facility;
   Department, DoP, we, our or us means the Department of Planning of Western Australia, its officers, employees, agents and contractors;
   
   Material means any audio, data, document, graphics, information and video on the provided eClearance submission facility;
   
   you or your means the person who agrees to these Conditions of Use, either personally or on behalf of a legal entity and includes, if acceptance is on behalf of a legal entity, the legal entity's officers, partners, employees, agents and contractors; and
   
   User means any person or other legal entity using the eClearance submission facility.
    
2. Failure To Agree
   
   If you do not agree to these Conditions of Use you may not use, and must leave the eClearance submission facility.
    
3. Copyright and Intellectual Property
   
   Copyright of the eClearance submission facility and respective Material is vested in the State of Western Australia.
   
   Apart from any fair dealing for the purposes of private study, research, customer feedback or as otherwise permitted under the Copyright Act 1968 (Cwlth), no part of the eClearance submission facility or any Material may be reproduced or re-used for any commercial purpose without the prior written permission of the Department.
   
   You agree that where etDP creates documents or compiles information (whether in electronic or any other form) by drawing information from relevant applications or other information provided to the etDP system, the intellectual property rights in that document or compilation of the information are owned by the Department.
    
4. Freedom of Information
   
   Refer to the FOI details on the Department of the Attorney General's web site: http://www.publictrustee.wa.gov.au/_manifest/freedom_of_information.jmfa
    
5. Compliance With Laws
   
   You must comply with all State and Commonwealth laws when using the eClearance submission facility.
    
6. Governing Law and Jurisdiction
   
   These Conditions of Use and any Facility Specific Conditions of Use are governed by and will be construed in accordance with the laws of the State of Western Australia.
    
7. Accuracy of Information
   
   Material is provided on the eClearance submission facility on the basis that you will assess and verify the Material and any representations or statements obtained from the facility before use. Changes in circumstances, after Material is placed on this eClearance submission facility may impact the accuracy of that Material.
   To the fullest extent permitted by law, neither DoP nor WAPC is liable to you arising from your use of or reliance on any Material or advice obtained from the eClearance submission facility.
    
8. Availability
   
   You acknowledge that the eClearance submission may become temporarily unavailable therefore you should ensure that you have other means of undertaking urgent or time-sensitive transactions and obtaining information, if for any reason this Facility is unavailable.
   
   DoP may in its sole discretion also stop providing this Facility completely.
   WAPC and DoP accept no liability if this eClearance submission facility is temporarily or even permanently unavailable. The Department and WAPC have no responsibility for, and accepts no liability for, any Loss which results from, delays in processing any eClearance communication.
    
9. Changing Conditions Of Use
   
   DoP reserves the right to change these Conditions of Use from time to time at its sole discretion. You must periodically check this section of the eClearance submission facility to see if any of the changes affect you. By your continued use of this Facility you are deemed to agree to any such changes. If you do not agree to any changes you must not use and must leave this Facility.
    
10. Failure to Agree
    
    If you do not agree to these eClearance submission facility Specific Conditions of Use you must stop using this Facility.
    
    In submitting a request for access to this Facility, you:
    
    - acknowledge that you have read, understood and agree to the Conditions of Use and
    
    - agree that the information provided in your request is accurate, complete and not misleading, and that the Department may rely on that information until we receive notice of any change from you.
    
    The Department reserves the right to refuse any request made at its discretion without having to give reasons for that refusal.
     
11. Use at your Own Risk
    
    You agree that your use of this eClearance submission facility is entirely at your own risk. This Facility is provided on an "as is" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability or fitness for a particular purpose, all of which are disclaimed to the fullest extent of the law.
     
12. Time and Place of Sending and Receiving
    
    All interactions with the Department are deemed to take place in the State of Western Australia. Without limiting the time of any interaction or transaction is the time of sending from or receipt by the Department's server(s) which are set to local time in Perth, Western Australia.
     
13. Viruses
    We cannot guarantee that this eClearance submission facility, and any Material contained in, downloaded or accessible, from it, is free from computer viruses or any other threat which may affect your software or systems. To protect your software and systems we recommend you install and implement your own system protection software.
    
    Your transmission to the Department will be examined for known viruses and other threats using the Department's standard operating environment scanning and detection tools. Where a virus or other threat is detected in your transmission, the transmission may be rejected and will be deemed not to have occurred. Where a transmission is rejected transmission and/or transaction confirmation will not be received by you.
    
    Where a transmission failure has occurred, the Department recommends that you clean and resubmit the transmitted data. The Department is not responsible if your transaction fails for any reason.
     
14. Security of Data
    
    The Department may take precautions to protect the data you transmit from misuse and loss and from unauthorised access, modification or disclosure, during transmission to the Department or while stored on either our server or on the servers of parties engaged by the Department.
    
    Should you suspect, or become aware of, a breach of security, we ask that you immediately NOTIFY US (see "Contact Us" information) and suspend the use of all electronic communications until we are satisfied that appropriate steps have been taken to ensure the security of electronic communications with you.
     
15. Data Backups
    
    The Department undertakes electronic backup of its computer based systems for its own purposes but does not provide backup and recovery of data not required for its own purposes. We recommend that you implement your own backup and recovery facilities and procedures for data accessed from or transmitted to our eClearance submission facility.
     
16. Technical Support
    
    You are responsible for your own hardware, software and internet connection to use this eClearance submission facility.
     
17. Establishing Your Identity and Maintaining Your Email Address
    
    We will provide your organisation with a unique username and confidential password to provide authentication, the combination of which identifies that you are a known registered organisation and allows your access to the eClearance submission facility.
    
    Your organisations unique username and confidential password must not be shared.
    
    You must immediately notify the Department (see "Contact Us" information) if you become aware of the loss, theft or unauthorised use of your username and confidential password, following which, the Department will, as soon as reasonably possible, disable access to the eClearance submission facility for that username and issue you with a replacement.
    
    You must notify the Department as soon as practicable of any change in your email address. It is your responsibility to maintain such email address and to regularly check for messages sent to that email address by DoP's etDP system. Neither the Department nor WAPC is responsible for any loss, liability, cost, damage or expense which arises out of, or results from, your failure to notify the Department of your current email address or to regularly check messages sent to such email address.
     
18. Assumed Validity
    
    You agree that as an authorised user of this eClearance submission facility:
    
    - you are bound by any submissions from the use of the eClearance submission facility without any further inquiry on our part;
    
    - we can assume that any submission received by way of this eClearance submission facility from you is a valid submission.
    
    Submissions will be captured and retained by the Department on a "transaction log". In the event of any dispute, you agree to accept the Department's transactional log as conclusive evidence of the submission made by you with the Department.
     
19. Revoking Access
    
    The Department may immediately suspend or terminate your access to and use of this eClearance submission facility if your use of this Facility:
    
    - is inappropriate or unreasonable; or
    
    - menaces, creates a nuisance or harasses others or attempt to do so; or
    
    - makes any denial-of-service attacks on us, or any other users or networks relating to us, or attempt to do so; or
    
    - unlawfully attempts to gain access to other applications or networks which the Department uses or operates; or
    
    - is in breach of the Conditions of Use
     
20. Amended Terms and Conditions
    
    The Department reserves at its sole discretion the right to change these eClearance submission facility Specific Conditions of Use from time to time. The Department will notify you by email of any changes. By your continued use of this Facility you are deemed to agree to any such changes. If you do not agree to any changes you must stop using this Facility.
     
21. Release
    The Surveyor hereby releases the Department and WAPC, their employees and agents from any Loss suffered or incurred by the Surveyor including but not limited to indirect, special, or consequential damages (including loss of anticipated revenue, business interruption and loss of business) in connection with or arising out of access to the eClearance submission facility, the use of the Facility or the access to or use of information derived from the Facility (including any lack of access or loss of data) except to the extent that any Loss arises from any wilfully negligent or negligent act or omission of the Department or the relevant Public Authority, their employees or agents.