Before you use the Spatial Web Services ('SWS'), read these terms and conditions carefully. If you agree, continue to use the SWS. If you continue to use the SWS, it will create a legal agreement. If you do not agree, you must not use the SWS.
1.1. The Spatial Web Services ('SWS') is provided and administered by DCS Spatial Services, a unit Department of Customer Service and enables online access to spatial data.
1.2. DCS Spatial Services will permit you, non-exclusively, to use the SWS on these terms and conditions including the DCS Spatial Services privacy statement
1.3. If you have any questions regarding these terms and conditions, direct enquires via the Spatial Services Customer Hub.
1.4. DCS Spatial Services may amend these terms and conditions at any time by posting an updated version online which will take effect on such posting.
1.5. In the case of any conflict between these terms and conditions and any act or regulation, the act or regulation prevails.
2. Use of the SWS
2.1. You will use the SWS using appropriate conduct. You are responsible for your own conduct and for any consequences. You agree that when using the SWS, you will not:
2.1.1. make available disruptive commercial messages or advertisements or communications which are prohibited by law
2.1.2. use any device, software or routine to abuse the service of SWS
2.1.3. impersonate another person or entity
2.1.4. restrict any other user from using the SWS
2.1.5. interfere with the SWS or servers or networks connected to the SWS
2.1.6. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the SWS
2.1.7. collect information about other users, or
2.1.8. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature.
3. Spatial data
3.1. The spatial data accessed from the SWS is subject to the Creative Commons Attribution By Licence and the following additional term:
3.1.1 DCS Spatial Services asserts the right to be attributed as author of the original material in the following manner:
©Department of Customer Service [date of extraction]
3.2. Any spatial data (except historical data) accessed from the SWS is only current at the time and date of transmission.
3.3. The spatial data is provided to you through the SWS without any warranty, representation or condition of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness or currency.
3.4. DCS Spatial Services does not warrant that the spatial data that is made available is correct or free from errors or omissions.
3.5. DCS Spatial Services may at its sole discretion change the type(s) of spatial datasets (or layers) that it makes available through the SWS.
3.6. DCS Spatial Services is the custodian of the spatial data. You acknowledge that:
3.6.1. some of the spatial data available in the SWS may be sourced, provided and/or updated by a third party, and
3.6.2. some of the spatial data is only hosted by DCS Spatial Services.
4. Service levels and availability of the SWS
4.1. DCS Spatial Services provides the SWS using a commercial level of skill and care, but does not warrant that your use of the SWS will be uninterrupted, continuous or free from any software virus or other harmful component. You agree to use and rely on the SWS at your own risk. DCS Spatial Services provides the SWS 'as is'.
4.2. The SWS is provided to you without any warranty, representation or condition of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness or currency.
4.3. You acknowledge that access to the SWS may be interfered with by factors or circumstances outside DCS Spatial Services' control. DCS Spatial Services will not be responsible for any corruption of your computer or failed transmission of any spatial data if you use the SWS.
4.4. You agree that any software that is made available to download from SWS may require you to enter into an end user licence agreement with that software supplier.
4.5. You agree that DCS Spatial Services may monitor usage of the SWS and may set an upper limit of use. If DCS Spatial Services thinks there is excessive usage of the SWS, DCS Spatial Services may deny further access to the SWS. Excessive use is a continuing or unreasonable use of the SWS. Unreasonable use is when the SWS is used other than for legal, proper or personal use.
4.6. DCS Spatial Services will use its reasonable endeavours to ensure that the SWS is available during electronic business hours (midnight until 23.45 AEST) daily, however, DCS Spatial Services may at its sole discretion, and at any time, suspend or stop the SWS, temporarily or permanently.
4.7. You acknowledge that DCS Spatial Services has no control over the speed of transmission of the SWS where the internet is used for access.
4.8. The availability of the SWS may be dependent upon your software equipment and functionality, location and site conditions. DCS Spatial Services does not guarantee the compatibility or reliability of such variables.
4.9. DCS Spatial Services does not give legal advice or other professional services in relation to the SWS.
5. Liability and indemnity
5.1. To the extent permitted by law, DCS Spatial Services will be in no way liable for any loss, damage or injury (whether in contract, tort or otherwise) arising as a result of your use or reliance on the SWS, nor will DCS Spatial Services be liable for any indirect, consequential, punitive or special damages, or loss of profit.
5.2. Where liability arises under legislation (including but not limited to the Competition and Consumer Act 2010) then to the extent permissible by law, DCS Spatial Services’s liability is limited to supplying its services again or paying the cost of having the services supplied again.
5.3. You are liable to DCS Spatial Services for any breach of these terms and conditions, in tort and liability arising under legislation.
5.4. You must indemnify and keep indemnified, hold harmless and defend DCS Spatial Services from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought by a third party against DCS Spatial Services in connection with:
5.4.1. DCS Spatial Services providing the SWS, or any part thereof
5.4.2. any use, including unauthorised use, or reliance on the SWS
5.4.3. any act or omission by you, or
5.4.4. any breach of these terms and conditions by you.
6. Personal information and privacy
6.1. You acknowledge DCS Spatial Services will collect and store your Internet Protocol (I.P.) address, details of your Internet Service Provider (I.S.P.) and other identifying information you may provide when you access the SWS. This information will be stored securely by DCS Spatial Services for a period of not less than seven years.
6.2. DCS Spatial Services is subject to the provisions of the Privacy and Personal Information Protection Act 1998 (NSW) and the Privacy and Personal Information Protection Regulation 2014 (NSW) ('Privacy Legislation') in respect of personal information. You must:
6.2.1. not use the SWS, nor use any of the spatial data available in the SWS, that would cause a breach of the Privacy Legislation
6.2.2. not do anything which, if done by DCS Spatial Services, would be a breach of the Privacy Legislation
6.2.3. 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
6.2.4. comply with any and all directions given by DCS Spatial Services in order for DCS Spatial Services to comply with its obligations under the Privacy Legislation.
6.3. Any personal information you provide to us will be handled in accordance with DCS Spatial Services privacy statement
7. Intellectual Property in the SWS
7.1. You agree to not remove, obscure, or alter any copyright or proprietary rights notice which may be contained within the SWS.
7.2. You acknowledge and agree that all copyright, trademark and other intellectual property rights in the SWS are the property of State of New South Wales, represented by DCS Spatial Services (a unit Department of Customer Service).
7.3. You must promptly report to DCS Spatial Services any infringement or suspected infringement of any of DCS Spatial Services’s intellectual property rights.
8.1. If you have a complaint about the SWS, you must direct that communication via the Spatial Services Customer Hub.
8.2. If you have a dispute about these terms and conditions, you must first notify DCS Spatial Services via the Spatial Services Customer Hub and attempt to resolve the dispute before taking any further action.
9. General terms
9.1. These terms and conditions are to be read and construed according to the laws of the State of New South Wales, and you agree to submit to the jurisdiction of that State.
9.2. These terms and conditions record the entire agreement. If any provision of these terms and conditions are held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute or regulation it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
9.3. Where a user is bound by the DCS Spatial Services Products and Service Agreement or other agreement with DCS 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.