Terms and Conditions
Acceptance of Conditions of Use
By using Data Catalogue, you agree to accept these Conditions of Use.
The Department of Biodiversity, Conservation and Attractions (DBCA) may change these Conditions of Use at any time and may do so without giving you prior notice. Any amendment to the Conditions of Use will be effective immediately. By using Data Catalogue after any amendment to the Conditions of Use, you agree to accept the amended Conditions of Use.
In addition to these Conditions of Use, there may also be additional terms that govern the use of, or access to, specific parts or sections of Data Catalogue, including the information provided via Data Catalogue (Additional Conditions). The Additional Conditions will apply in addition to these Conditions of Use. If the Additional Conditions are inconsistent with these Conditions of Use, then the Additional Conditions will prevail to the extent of any inconsistency.
Your use of Data Catalogue
The information provided via Data Catalogue is provided by DBCA, the data custodians and rights holders in good faith and on an ‘as is’ basis.
You should not act solely on the basis of any information provided via Data Catalogue. You should make your own assessment of information provided via Data Catalogue and obtain specialist advice as appropriate. Use of the information provided via Data Catalogue is wholly at your own risk.
Where there is any doubt regarding the accuracy of information provided via Data Catalogue contact DBCAs Data Catalogue Team, who will review your query and liaise with the relevant data custodians where appropriate to resolve your query.
Copyright and licensing
Copyright for Data Catalogue is held by DBCA and all rights are reserved apart from any use (i) explicitly granted in writing by a license or (ii) permitted under the Copyright Act 1968.
Copyright for the information supplied by Data Catalogue is held by DBCA or by a third-party rights holder. Where copyright is owned by a third party rights holder, the copyright is managed by DBCA on behalf of the rights holder.
DBCA is the operator of Data Catalogue on behalf of the State of Western Australia.
Where DBCA has reason to believe that it is not the rights holder, it will make every reasonable effort to identify the correct rights holder and provide this information to Data Catalogue users. DBCA cannot guarantee that the rights holder will be correctly identified where this information is incorrect or incomplete.
If you wish to use information provided by Data Catalogue, it is your responsibility to comply with all relevant copyright conditions or requirements and any license conditions that apply to the information. If you are uncertain about the licensing conditions that apply, it is your responsibility to contact the Data Catalogue Team to seek clarification.
Data Catalogue disclaimer
In this section, DBCA means the State of Western Australia, DCBA, data custodians, rights holders and in each case, their officers, employees and agents.
DBCA makes no representation or warranty (i) as to the currency, reliability, accuracy, completeness, merchantability or fitness for purpose of information provided via Data Catalogue or (ii) that Data Catalogue will provide an uninterrupted or error-free service.
To the maximum extent permitted by law, DBCA will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered by you or anyone else in connection with your use of the Data Catalogue, any information provided via Data Catalogue or websites of other entities which are linked to this Data Catalogue. This general disclaimer is not restricted or modified by any of the following specific disclaimers.
DBCA is expressly not liable to you for any liability arising from or connected with (i) any errors, omissions or inaccuracy of any information provided via Data Catalogue or (ii) any lack of reliability, currency or completeness of any information provided via Data Catalogue.
DBCA accepts no responsibility for, and is not liable to you for any liability for, any losses, damages, personal injury or death(howsoever caused) or any costs or any costs or expenses (including without limitation legal costs and settlement costs) incurred as a result of (i) your use of this Data Catalogue or (ii) your use of or reliance on any information provided by Data Catalogue.
DBCA is not liable to you or anyone else for any interference with or damage to your computer systems that occurs in connection with your use of Data Catalogue or any information provided by Data Catalogue or a linked website. You must take your own precautions to ensure that whatever information you obtain from Data Catalogue is free of viruses, malicious computer code or anything else that may interfere with or damage the operations of your computer systems.
DBCA may at any time, and from time to time, make changes to Data Catalogue and may do so without giving you any prior notice. Changes to Data Catalogue may include adding, removing and amending data and changing the Conditions of Use. DBCA does not undertake to keep this Data Catalogue updated. DBCA is not liable to you or anyone else if any errors occur in the information provided via Data Catalogue or if the information provided by Data Catalogue is not up to date.
To the maximum extent permitted by law, all representations, warranties and other terms are excluded and where they cannot be excluded, any liability incurred in connection with the use of Data Catalogue or any information provided via Data Catalogue is limited to resupply
DBCA disclaimer
In this section, DBCA means DCBA and its officers, employees and agents are not liable for any liability caused by data custodians or rights holders'.
Privacy
DBCA may record visits to Data Catalogue through use of cookies and may log the following information for statistical purposes (i) the user's server address; (ii) the user's top-level domain name (eg. .com, .gov, .au, .uk, etc.); (iii) the date and time of the visit to the site; (iv) the pages accessed and information downloaded; (v) the previous site visited and (vi) the type of browser used.
Unless you are registered for any online service, no attempt will be made to identify you or your browsing activities except where required or authorised by law.
If you subscribe or are registered for any services on Data Catalogue, your e-mail address and the other personal information you provide will be recorded. This information will only be used for the purpose for which you have provided it and will not be added to a mailing list unless you have given specific permission as part of the requested service. Your e-mail address is confidential. Data Catalogue will not use or disclose your e-mail address to any third party without your consent.
General
These Conditions of Use are governed by and are to be construed in accordance with the laws of the State of Western Australia. You agree that the courts of Western Australia have non-exclusive jurisdiction over any dispute or other matter arising from these Conditions of Use or Data Catalogue.
If any provision of these Conditions of Use is found to be invalid or unenforceable, then that provision may be (i) read down to the extent necessary to make it valid and enforceable or (ii) severed and the remaining provisions of these Conditions of Use enforced.
Should you have any questions regarding the above content please direct enquiries to Data Catalogue Team.