Terms and Conditions

1 Introduction

1.1 The Spatial Portal ("the Portal") is provided and administered by Spatial Services, a business unit of the NSW Department of Finance, Services and Innovation (DFSI) and enables online access to spatial and other land information products and services.

1.2 Spatial Services agrees to provide access to the Portal to you on these terms and conditions including the DFSI Privacy Statement and you understand that by accessing the Portal, Spatial Services will treat that access as acceptance of these terms and conditions and of any terms and conditions amended from time to time under clause 1.5.

1.3 Minors may only access non chargeable products within the Portal.

1.4 Direct any questions regarding these terms and conditions to SS-SpatialPortal@finance.nsw.gov.au prior to accepting these terms and conditions.

1.5 Spatial Services 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 Spatial Services, you are prohibited from:

  1. on-selling, or on-supplying, or sub-licensing products in any form to any other person or entity; or
  2. altering the format, meaning or substance of any products supplied; or
  3. making copies of the products other than as are reasonably required for backup purposes; or
  4. rebroadcasting, reformatting, making available online or reconstructing products or part thereof; or
  5. otherwise publishing, blending or dealing with the products.

2.2 Unless otherwise agreed in writing by Spatial Services, you may not do any of the following with the products:

  1. alter, blend or combine the products or part thereof;
  2. 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
  3. print the product on any pre-printed paper unless the layout and pre printed format has been approved by Spatial Services.

2.3 You agree to keep your Userid and password, if any, secure and confidential to prevent unauthorised access to the Portal. You may not share your Userid and password.

2.4 At any time Spatial Services may:

  1. amend access to the Portal or the products and services available within the Portal; or
  2. discontinue the Portal in its entirety.

2.5 Where Spatial Services becomes aware of a breach of these terms and conditions, Spatial Services may immediately revoke your access and deny you further access to the Portal.

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 and datasets are only hosted by Spatial Services.

3.3 You acknowledge that some products are available as searching aids only.

3.4 You acknowledge that Spatial Services 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").

3.5 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal.

3.6 You agree that you will not use any device, software or routine to abuse the service of the Portal or emulate human interaction and operation.

3.7 You agree that any software that is made available to download from the Portal may require you to enter into an end user licence agreement with the supplier of that software.

3.8 You acknowledge that access to the Portal:

  1. may not be continuous or uninterrupted at all times; and
  2. may be interfered with by factors or circumstances outside Spatial Services' control.

3.9 You agree that Spatial Services will and is entitled to collect and store Internet Protocol ("IP") addresses, ISP's details and other identifying information you may provide in accessing the Portal. This information will be stored securely by Spatial Services for a period of not less than seven years.

3.10 You agree that Spatial Services may set an upper limit on the number of products (or volumes of products) you may request or access via the Portal.

3.11 Spatial Services 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, Spatial Services 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:

  1. no warranty, condition, description or representation is given by Spatial Services in relation to the Portal or any part thereof, and any products or services provided;
  2. except as provided in Clauses 5.3 and 5.4 Spatial Services 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:
    1. these terms and conditions;
    2. the performance of the Portal or any part thereof;
    3. any defect, error or inaccuracy of the Portal or any part thereof or any products or services;
    4. any lack of completeness, suitability or fitness for purpose of the Portal or the products or services;
    5. any inaccuracy, omission, defect or error in your computer systems; and
    6. any claim for infringement of intellectual property rights based upon the modification, combination, operation or use of the Portal or any part thereof with any computer programs, systems or data, not furnished by Spatial Services.

5.2 Where legislation implies any term (including a condition or warranty) which cannot by law be excluded or you have the benefit of a guarantee under the Australian Consumer Law (NSW) or corresponding legislation of another Australian jurisdiction, Spatial Services is liable to you for breach of any such non-excludable term or failure to comply with any such guarantee. The liability of Spatial Services for such breach or failure to comply will be limited to the extent permitted by law and, at the option of Spatial Services, to one or more of the following:

  1. the resupply of the product or service; or
  2. the cost of such resupply.

5.3 You must indemnify and keep indemnified, hold harmless and defend Spatial Services from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon Spatial Services arising from, or incurred by reason of, or in connection with:

  1. any provision of the Portal or any part thereof;
  2. any act or omission by you;
  3. any breach by you; or
  4. any use, including unauthorised use, of the Portal, or any userid or password.

5.4 Spatial Services 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 the Portal, 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 Spatial Services including acts of war, acts of God, acts of terrorism, earthquake, flood, riot, embargo, sabotage or governmental act.

5.5 But for historical data, any product provided via the Portal is only current at the time and date of supply or transmission from Spatial Services.

5.6 Spatial Services does not render legal advice or engage in other professional services in relation to the Portal.

6 Continuity of Service

6.1 You acknowledge that Spatial Services has no control over the speed of transmission of the products and services where the internet is used for access.

6.2 The availability and accuracy of the Portal and its products and services may be dependent upon your software equipment and functionality, location and site conditions. Spatial Services does not guarantee the compatibility or reliability of such variables.

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 Spatial Services, the State of New South Wales or other third parties.

7.3 You must promptly report to Spatial Services any infringement or suspected infringement of any copyright or proprietary rights referred to in Clause 7.

8 Privacy

8.1 You acknowledge that Spatial Services is subject to the provisions of the Privacy and Personal Information Protection Act 1998 (NSW) ("PPIP Act") and the Privacy and Personal Information Protection Regulation 2014 (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 the Portal, and this information will be used and recorded in connection with accessing the Portal.

8.3 Your "personal information" will not be released unless the law permits it or your permission is given.

8.4 You must:

  1. not do anything which if done by Spatial Services would be a breach of the legislation or regulation referred to in Clause 8;
  2. 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 you are required by law to comply with the provisions of the Privacy Act;
  3. comply with Spatial Services' privacy policies;
  4. comply with any and all directions given by Spatial Services in order for Spatial Services 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 the Portal, you must contact the Portal administration via SS-SpatialPortal@finance.nsw.gov.au. Where reasonably required by Spatial Services, 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 Spatial Services a 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:

  1. will be read down to the extent necessary to make it valid and enforceable; or
  2. 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 Spatial Services Products and Service Agreement or other agreement with Spatial Services, 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.