Terms and conditions for the Free Translating Service

General

1. The Free Translating Service (“the Service”) is provided by the Commonwealth of Australia, as represented by the Department of Home Affairs ABN 33 380 054 835 of 5 Chan Street, Belconnen ACT 2617 (“the Department”). When we use the terms “us”, “we” or “our” we are referring to the Department.
2. We may from time to time engage a translation service provider/s to develop and maintain the Website and perform some or all of the Service.
3. Your use of the Service is subject to the terms and conditions, collectively referred to as the Terms (“Terms”) set out below. These Terms comprise the Agreement between you and us. If you do not accept these Terms, you must refrain from using the Website or the Service.
4. The terms and conditions available at General Terms and Conditions of Use, including the Website Terms and Conditions, also apply to your use of the Service.

Definitions and interpretation

5. In these Terms:
1. "You", “Your” and "User" means anyone who visits and/or uses the Website or the Service;
2. “Personal information” has the same meaning as in the Privacy Act 1988 (Cth);
3. a reference to the "Website" means the TIS National Website https://www.tisnational.gov.au and/or the Free Translating Service portal at https://fts.tisnational.gov.au;
4. the Free Translating Service portal https://fts.tisnational.gov.au is the system that enables the creation of an account and self-management of applications.

5. Unless the contrary intention appears, reference to an ‘Account’ means the account created once You have registered as a User with TIS Nationals Free Translating Service, also referred to as a Free Translating Service account.
6. the Service provided by the Department, which is subject to these Terms, includes:

1. facilities to lodge an application to use the Service, either through the Free Translating Service portal using a registered account, or otherwise by submitting an application form provided by email or by post;
2. a helpdesk which can be accessed via telephone, Website form and email;
3. assessment of information and documents to confirm a User is eligible to access the Service in accordance with the criteria available here;
4. assessment of information and documents to confirm a particular document meets the relevant criteria for translation in accordance with the criteria available here.
5. communication with a User in the event the User is found ineligible to access the Service, or where a particular document does not meet the criteria for translation, and any request from a User to access the Service in exceptional circumstances;
6. the translation of documents and the return of translated documents to the User, including any corrections or replacements that may be issued;
7. response to complaints and feedback; and
8. any other services provided by the Department from time to time.

In these Terms, the following rules of interpretation apply:

7. the singular includes the plural and vice versa, and a gender includes other genders;
8. another grammatical form of a defined word or expression has a corresponding meaning;
9. A reference to a document, publication, Commonwealth policy or instrument is taken to include that document, publication, Commonwealth policy or instrument as amended, supplemented or replaced from time to time;
10. unless stated otherwise, a reference to legislation is to legislation of the Commonwealth and includes any statutory modification, substitution, or re-enactment of that legislation or legislative provision;
11. if any word or phrase is given a defined meaning, any other part of speech or other grammatical form of that word or phrase has a corresponding meaning;
12. a reference to time is to the time in the place where the obligation is to be performed or, to the extent that there is any uncertainty, to the time in the Australian Capital Territory (“ACT”);
13. a reference to a party includes the party's executors, administrators, successors and permitted assigns and substitutes;
14. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
15. if the User is a trustee, the User accepts the Terms and agrees to these Terms personally and in its capacity as trustee and warrants that it has the power to perform its obligations under the Terms;
16. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
17. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;
18. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this contract or any part of those documents;
19. if a day on or by which an obligation must be performed or an event must occur is not a business day in the relevant location, the obligation must be performed or the event must occur on or by the next business day in that location; and
20. headings are for ease of reference only and do not affect interpretation.

User Agreement

6. By:

1. accessing and/or using the Website; or
2. accessing and/or using any of the Service,

you acknowledge that you have read and accept the Terms and agree to be bound by them, and an agreement is formed between the Department and you (“Agreement”).

7. We reserve the right to amend these Terms upon providing at least 14 days’ written notice of any amendments by publishing an alert on the Website. For some amendments we may also provide a notification via email to the registered email address of Free Translating Service account holders. Amendments may be based on the following:

1. to reflect changes in law, government process or policy;
2. where reasonably necessary to enable the efficient management of the Services; or
3. where the Department otherwise considers it appropriate to do so, acting reasonably,

with any such amendments coming into effect 14 days after the date of the notice, or from any other later date specified in the notice.

8. Your continued use of the Service following any such amendment of these Terms will represent Your acknowledgment that You have read the Terms as amended and agree to be bound by the amended Terms. We recommend you review the Terms for amendments each time You use the Service.
9. The Department may, at its discretion, refuse to grant you access to the Service, or suspend or cancel your existing access. 

Legal Capacity

10. You must be eighteen (18) years of age or over to create an account or use the Service.
11. Any Application made by You to use the Service (“Application”) is an acknowledgement by You that You:

1. are over the age of eighteen (18) years;
2. accept these Terms; and
3. agree that You have entered into a legal contract with us in relation to these Terms.

12. The Department reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Application to be made, for any loss or damage we may suffer as a result of a transaction entered into by a minor.

Applications

13. Applications need to be made in writing using the online form and submitted from a registered account in the Free Translating Service portal. Email and postal applications can also be accepted where a User is unable to use the online form. All Applications must contain:

1. the documents for translation;
2. documents establishing the User’s eligibility to receive the Service; and
3. any account holder and/or applicant information necessary to submit the Application as requested by TIS National.

14. You acknowledge that:

1. the submission of your Application through the Website may not be received by us for reasons beyond either party's reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems;
2. we may process all completed Applications submitted through the Website, or by email or post, without further consent from you;
3. we may treat an Application as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Applications, or to verify the accuracy and completeness of such Applications;
4. all Applications for use of the Service are subject to availability and confirmation of your eligibility by us. We make no guarantee that the Service as requested will be available; and
5. we may, in our sole and absolute discretion, accept or reject any Application made by you for any reason (or no reason), including an error in your Application.

Obligations of User

15. You are solely responsible for the contents of material provided. This includes, but is not limited to, material provided for translation or material provided in support of an Application to access the Service.
16. You assume all risks associated with use of the Website and the Service, including:

1. risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Website or your access to it or the Service; or
2. the risk that the content of this Website and linked websites complies with the laws of any country.

17. You agree:

1. that all material, information and other types of data submitted to us will be, to the best of your knowledge, true and complete;
2. to provide certain, current, complete, and accurate information about you as prompted to do so by the Website or in the course of the Service;
3. to keep secure your email and any reference number or password provided to you;
4. to notify us of any change in your contact details;
5. to supply document(s) and other materials requested by us;
6. to notify us of any errors in an Application;
7. to cooperate with any reasonable requests in connection with the delivery of the Service;
8. to use the Website and the Service only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the Website or the Service by any third party;
9. to refrain from publishing defamatory or offensive comments in free text fields;
10. to comply with all relevant laws in using the Website and the Service, in particular the:
1. Crimes Act 1914 (Cth);
2. Criminal Code Act 1995 (Cth);
3. Racial Discrimination Act 1975 (Cth);
4. Sex Discrimination Act 1984 (Cth);
5. Migration Act 1958 (Cth);
6. Migration Regulations 1994 (Cth);
7. Disability Discrimination Act 1992 (Cth); and
8. Workplace Gender Equality Act 2012 (Cth); and

11. that unauthorised or unlawful use of the Website could result in criminal prosecution.

Document Authenticity

18. You warrant that all material provided to the Department for the purpose of translation are true, accurate, complete, and unaltered copies of the original documents. You must not submit any document that is fraudulent, forged or otherwise inauthentic.
19. You agree that the submission of any forged, altered, or otherwise fraudulent documents or false information for the purpose of obtaining a translation constitutes a breach of these Terms. You Acknowledge that under Division 137.1 of the Criminal Code Act 1995 (Cth) it is a serious offence to give false or misleading information to a Commonwealth entity.
20. The Department may report any suspected fraudulent, forged, or materially altered documents to the relevant law enforcement or regulatory authorities. Where the Department reasonably suspects or becomes aware that documents submitted by you are false, altered or fraudulent, or that material information has been misrepresented:
1. the Department may immediately suspend the provision of the Service; and
2. the translated materials may not be delivered or, if delivered, the Department may require you to return or destroy the translated materials or otherwise deal with the translated materials as directed by the Department.

Information that you provide to us

21. When you submit information on the Website or as part of the Service, you grant the Department a licence to use, reproduce, adapt, modify, distribute and communicate that material in any way, now and in the future for the purposes of providing or managing the Services and for any related Commonwealth purpose.      
22. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

1. You consent to the Department engaging in any conduct that may otherwise constitute a breach of your moral rights, in relation to any content that you provide to the Department, where such conduct is otherwise in accordance with these Terms.

24. By agreeing to these Terms, you consent to the Department’s use of your personal information for the purposes of supplying the Service. You can obtain more information about the way in which the Department will manage your personal information by accessing our detailed Privacy Policy, available here: https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/plans-and-charters/privacy-policy and by referring to the TIS National Privacy Notice available here: https://www.tisnational.gov.au/Policies/Privacy-Notice.

Nature of Relationship

25. Nothing in the Terms shall be construed to place the Department and you in a relationship of partner, principal and agent or as entering into a joint venture.

Copyright

26. Terms and conditions regarding copyright in this Website are located in our copyright notices, available at the following links: https://www.homeaffairs.gov.au/access-and-accountability/using-our-website/copyright-and-disclaimer and https://www.tisnational.gov.au/Policies/Copyright-Notice.     

Disclaimer

27. By using this Website or any of the Service you accept the following Terms:

1. You expressly agree that use of the Website or the Service is at your sole risk.
2. No advice or information, whether oral or written, obtained by you from the Department or its agents or contractors, or through the Service, shall create any warranty or representation not expressly made herein.
3. The Department expressly disclaims all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4. The Department makes no representation or warranty:

1. that the Website or the Service will meet your requirements, or that access to and use of the Website or the Service will be uninterrupted, timely, secure, or error free;
2. as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service;
3. as to the quality of translations that may be obtained from the use of the Website or the Service;
4. that information and Services provided on the Website do not infringe the intellectual property rights or any other rights of any person and the Department does not authorise or accept responsibility for the reproduction of any material on the Website;
5. that the content of the Website complies with the laws of any country;
6. that the material or any information provided on the Website or any linked Website will not cause damage, or is free from any computer virus or any other defects or errors;
7. as to the suitability of the Website or the Service for any purpose; and
8. as to the suitability of the information accessible for viewing by minors or any other person.

5. The Department accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through this Website and makes no representations or warranties about its suitability for any particular purpose.
6. The Department will use all reasonable efforts to ensure that the information on the Website is accurate and comprehensive. However, the information is only intended as a basic guide, and does not address the complexities of particular circumstances. You should seek independent advice about your individual circumstances.
7. To the extent permitted by law, the Department, its agents and contractors, will not be liable to you or anyone else for any loss (including consequential loss, indirect loss and loss of any profits), injury or damage of any kind (however caused or arising) relating in any way to the Website and the Service including, but not limited to, loss, injury or damage you might suffer as a result of:

1. the use of, or reliance on, the information contained on or accessed through this Website or the Service, including the translations, whether or not caused by any negligence on the part of the Department or its agents;
2. your use of or access to the Website or the Service or your inability to access the Website or the Service;
3. loss of, or damage to, documents or materials you provide as part of receiving the Service;
4. any interruption or cessation of transmission to or from the Website including a failure to receive an Application for whatever reason;
5. any unauthorised access to or use of the Website’s secure servers;
6. any interference with or damage to your computer system, software or data occurring in connection with or relating to the Website or use of the Service including in relation to any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party;
7. the quality or fitness for any purpose of any linked sites;
8. the risk that the content of the Website and linked web sites complies with the laws of any country outside Australia; or
9. any delay in the Department performing any of their obligations or the Service.

8. The Department makes every effort to ensure that links on the Website are kept up-to-date. The currency of the links is dependent upon the owners of those sites letting us know of any changes. If you find a link that does not work, please contact us by telephone or via the online contact form on the Website.
9. The Department has no direct control over the content of linked third party websites and does not endorse or accept responsibility for any linked third party websites or its content or for any loss or inconvenience arising from use of a linked third party website or its content.
10. Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through this Website either as a result of hacking or material placed on linked websites.

28. You agree that your use of the Website and the Service will be logged for the purpose of security and usage monitoring. For further information refer to the Department’s Privacy Policy, available here: https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/plans-and-charters/privacy-policy and the TIS National Privacy Notice available here: https://www.tisnational.gov.au/Policies/Privacy-Notice.   

Indemnity

29. You must at all times indemnify, and keep indemnified, the Department including its officers, employees, contractors and agents (“those indemnified”) from and against any liability, loss, costs or expense, incurred by those indemnified, arising from:

1. any act or omission by you, or on your behalf, in connection with these Terms, the Website or use of the Service;
2. any breach by you of your obligations or warranties under these Terms;
3. any unauthorised use or disclosure by you, or on your behalf, of personal information (as defined in the Privacy Act 1988 (Cth)) held, accessed or controlled by you in connection with these Terms or the Service; or
4. the use by those indemnified of any information provided by you, or on your behalf, including in respect of any infringement of intellectual property rights in that information.

30. For the purposes of clause 29, loss, costs and expenses includes costs incurred in dealing with any claim against those indemnified including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Department.
31. Your liability to indemnify the Department will be reduced proportionately to the extent that any breach of the Terms by the Department or any act or omission involving fault on the part of the Department or other person contributed to the liability, loss, cost or expense.
32. The right to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.

Privacy

33. Your personal information is protected by law, including the Privacy Act 1988 (Cth), and is collected by us to provide you with the Service.
34. Your information may be used by us or given to other parties to facilitate the provision of services to you, where you have agreed or it is required or authorised by law. We may disclose your personal information to our service providers, including our ICT service providers, to allow them to provide services to us.You acknowledge you have read and understand the Department’s Privacy Policy available here: https://www.homeaffairs.gov.au/access-and-accountability/our-commitments/plans-and-charters/privacy-policy and the TIS National Privacy Notice available here: https://www.tisnational.gov.au/Policies/Privacy-Notice.

Communications

35. Users registered with the Service agree to receive emails from time to time in relation to their Application.
36. We may, from time to time, provide information about changes to the Service via the Website. You must refer to the Website for any general information and communications that may impact on the delivery of the Service.

Security   

37. The Department will make all reasonable efforts to ensure Your information is secure, accurately recorded and not corrupted or changed.
38. The Department is responsible for the security of your information while it is collected by, stored on or passing through its systems. Refer to the TIS National Security Policy available here: https://www.tisnational.gov.au/en/Policies/Security-Notice for further information.
39. We are collecting your personal information for the purpose of processing your requests or responding to your enquiries. Information provided may also be used for training, education and quality assurance purposes. We will not be able to process your requests or respond to your enquiries without collecting relevant personal information about you.

Severability

39. If any part of these Terms is found to be void, invalid, unlawful or unenforceable then that provision or part thereof will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the Agreement between you and the Department.

Waiver

40. The failure by the Department to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any rights or provisions under these Terms will only be effective if it is in writing and signed by us.

Termination

41. Should you object to the Terms or any subsequent modifications to the Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Website and any part of the Service.

Governing Law

42. These Terms will be governed by and interpreted in accordance with the laws of the ACT and you irrevocably submit to the non-exclusive jurisdiction of the courts of the ACT.
43. If you access the Website or Services in a jurisdiction other than ACT, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.