This statement is to be read in conjunction with the rights claimed by the Victorian Government at www.dpc.vic.gov.au/wovgdisclaimer.
You shall indemnify the State Government of Victoria, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of you breaching or procuring another person to breach of the terms of this agreement or using or procuring another person to use use of the site, content or related rights in an unauthorised or unlawful manner.
This site and content are provided “as is” and the State Government of Victoria excludes to the fullest extent permitted by applicable law any warranty, express or implied, including without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
AccuracyThe State Government of Victoria uses reasonable efforts to ensure the accuracy, correctness, completeness and reliability of the content on the site, but we make no representations or warranties as to the content’s accuracy, correctness, completeness or reliability.
Although we endeavour to ensure the accuracy of the content on the site, we make no representations or warranties that the functional aspects of our site will be uninterrupted, timely or error free, or that the site or the server that makes it available are free of viruses or other harmful components. Your use of our site is at your own risk.
The State Government of Victoria is not liable for direct, incidental, consequential, punitive or indirect damages, loss of data, loss of profit, goodwill, bargain or opportunity, loss of anticipated savings, inability to use the site and content.
ContentThe State Government of Victoria is not liable for damage resulting from content considered offensive. The State Government of Victoria is not responsible for the quality or content of imagery provided by other organisations.
The State Government of Victoria is not liable for any claims, cost, loss, inconvenience or damage incurred in relation to content provided by a third party in a smaller file size than the State Government of Victoria’s standard requirements.
Use of the siteYour use of the site must not disrupt or interfere with the site, reproduce content without permission, violate any law of Australia, collect or store personal data about other users. The State Government of Victoria is not liable for any disruption interference caused by customer’s faulty or inadequate equipment.
Links to other websitesPlease note that where the State Government of Victoria offers links to other websites (“Linked Sites”), the State Government of Victoria is not affiliated with those websites and is not responsible for their content, privacy practice or other policies.
- The State Government of Victoria is not responsible for the accuracy of content contained on any Linked Sites or any loss suffered by you in relation to your use of such Linked Sites. You waive any and all claims against the State Government of Victoria regarding the inclusion of links to Linked Sites or your use of those websites.
- Links to other websites do not imply that the State Government of Victoria endorse the Linked Site.
- The State Government of Victoria accepts no responsibility or liability for claims arising out of descriptions or information provided by Linked Sites or any other site and does not warrant the accuracy, legality, decency of material or copyright compliance of any Linked Site or the content provided via any Linked Site.
- The State Government of Victoria is not responsible for the privacy practices of Linked Sites or any other sites.
- The State Government of Victoria recommends that you read the privacy statements of each and every Linked Site that collects personally identifiable information.
- Advertisements on site – your dealings with any advertisers on the site is independent of the State Government of Victoria. The State Government of Victoria is not liable for any loss or damages incurred by clients dealing with advertisements or other organisation websites.
- The use of Linked Sites or other websites is at your own risk.
- Everything is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind.
- The State Government of Victoria exclude all representations and warranties in relation to Linked Sites and advertisements on the site to the fullest extent permitted by law.
Limitation of liability
Where legislation implies any condition or warranty which cannot be lawfully excluded or modified, that condition or warranty will be deemed to be limited to the following:
- In the case of a breach of condition or warranty in relation to goods: replacement, repair, payment of cost of replacing or repairing goods
- In the case of a breach of condition or warranty in relation to services: supply of services again, payment of cost of having service supplied again.
General provisions
The State Government of Victoria reserves the right to delete or archive any material and change the terms and conditions on the site at any time, effective immediately upon notification on the site. The State Government of Victoria reserves the right to change the disclaimer policy at any time, effective immediately upon notification on the site. Your continued use of the site will be deemed acceptance of those deletions or changes.
Termination of accessYour access to the site may be terminated at any time by us without notice. The disclaimers and indemnities contained in these terms and conditions will survive termination of these terms and conditions.
Governing lawThese terms and conditions will be constructed according to and are governed by the laws of Victoria, Australia.
GeneralWe accept no liability for our failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall continue in full force.
These terms and conditions incorporate by reference any notice displayed on the site by us and altogether constitute the entire agreement with respect to your use of the site.
No rule of contract interpretation must be applied in the interpretation of these terms and conditions to the disadvantage of the State Government of Victoria on the basis that it prepared or put forward these terms and conditions or any document comprising part of these terms and conditions.
Other informationThe State Government of Victoria reserves the right to change our online privacy policy, effective immediately upon notification on the website. If you have any questions about the State Government of Victoria’s privacy policy or concerns about personal information you have supplied to the State Government of Victoria, please contact: brandvictoria@diird.vic.gov.au
Your continued use of the site will be deemed acceptance of these terms and conditions.
Privacy statement
All personal information collected by this site is protected by the National Privacy Principles under the Privacy Act 1988 (Cth) (“Privacy Act”). Information on the Privacy Act can be found on the Federal Privacy Commissioner’s web site. This site provides access to many online resources, which are not under our direct control. You should read the conditions of use and other statements of those sites.
Security of informationNo data transmission over the Internet can be guaranteed as totally secure and you should be aware that there are inherent risks associated with the transfer of information via the Internet. The State Government of Victoria can not guarantee that the site is impenetrable to hackers.
Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which we transmit to you. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
CookiesYou authorise us to issue cookies and that you will ensure all information forwarded is accurate. The State Government of Victoria is committed to protecting the privacy of your personal information. This site supports and endorses the state and national privacy regimes. We are committed to enabling you to surf our site anonymously and will only identify you if it is necessary for one of our purposes (eg to process an order). This site uses cookies to make your experience of our website easier and more efficient. Cookies are small data files that we send to your computer so that we can remember information (your user id, your password for access to our site, how many times you have visited us before, and the way you have chosen to view our site on earlier occasions). As you navigate our site and each time you visit us, we can automatically retrieve this information to tailor your experience of the site. In using cookies we do not record any personal information at all. We don’t use cookies to collect names, server name, domain name or e-mail addresses, or details of commercial transactions. We don’t use them as the basis for direct marketing. If you would prefer not to receive any cookies, you can configure your browser to refuse them, or to give you the option to receive them or not each time.
Personal information - use and publicationWe will only publish personal information on this site if it has been collected for that purpose with your knowledge or if you have consented to the disclosure. When giving such consent, you should be aware that information published on this site is accessible to millions of users from all over the world, that search engines will index it, and that it may be copied and used by any web user. This means that once the information is published on this site, we will have no control over its subsequent use and disclosure. We will not disclose your personal information to a third party or other State institutions or authorities, without your consent or authorisation, except if required by law or other regulations.
When you visit this site our Internet Service Provider makes a record of your visits and logs the following information for statistical purposes – the user’s server address, the users top level domain name (eg.com.gov.au, etc), the date and time of visit to the site, the pages accessed and documents downloaded, the previous site visited and the type of browser used. Any data collected will not be used to identify users unless there is a legal obligation to do so. The State Government of Victoria is committed to respecting and protecting your privacy.
When registering for information we may require personally identifiable information from you such as name, home or business address and email. We will limit the use of your personal information to the purposes for which it was provided, except where otherwise required by law. No attempt will be made to identify the users or their browsing activities except in the unlikely event of a legal investigation. IP addresses are logged to track a user’s session while the user remains anonymous. We analyse this information for trends and statistics such as which parts of the site users are visiting and how long they spend there. In general we do not link your IP address to anything personal about you. When we receive information about you we may use it for research to improve the site and the service we offer you. The State Government of Victoria does not sell or rent information about its customers to third parties.
The State Government of Victoria will create personalised services for the Study Melbourne Bookshelf by using your profile information in the registration form and order form . The State Government of Victoria may also profile your web site activity in order to accurately track your account and provide you with products and services that correspond to your interests. Personal information will not be released unless law permits or you grant permission
Opt out of commercial electronic messagesYou authorise us to send you offers, advertisements, information about the site and commercial electronic messages within the meaning of the Spam Act 2003 (Cth). We will not send you commercial electronic messages if you withdraw your authorisation in writing by sending it to brandvictoria@diird.vic.gov.au