General Terms and Conditions of Use

1. General 

1.1. Services provided by the Translating and Interpreting Service (‘TIS National’) are subject to:

a. these General Terms and Conditions of Use;
b. the Website Terms and Conditions
c. any other terms and conditions that appear in, are referred to, or are linked to by these terms and conditions; and
d. any additional or supplementary terms and conditions You agree to when making a booking,

collectively referred to as the Terms (‘Terms’). Subject to clause 1.2 below, in the event of any inconsistency or conflict, these General Terms and Conditions of Use will prevail.

1.2. If You have separately entered into a written arrangement with TIS National for the supply of Services, the terms of that arrangement prevail to the extent of any inconsistency or conflict with the Terms.

1.3. If You do not accept these Terms, You must refrain from opening an Account with TIS National or utilising any Services provided by TIS National.

1.4. The Commonwealth of Australia, as represented by the Department of Home Affairs, ABN 33 380 054 835 of 6 Chan Street, Belconnen ACT 2617, or its successor (‘us’, ’our’, ‘we’, ‘the Department’ or the ‘Commonwealth’) is the administrator of TIS National and the Services provided by TIS National. References in these Terms to TIS National are references to the Department.

2. Definitions and interpretation

2.1. In these Terms, unless the contrary intention appears:

‘Account’ means the account created once You have registered as a User with TIS National, also referred to as a TIS Online account or a TIS National account.

‘Cancellation Policy’ means the cancellation policy available here

‘Client Code’ means the unique Account number issued to You when You register for a TIS National Account.

‘Electronic Instruction’ means the transmission of Your booking made through the Website or by other electronic means.

‘Personnel’ means any officers, employees, agents, staff, contractors or professional advisers of the Department engaged in, or in relation to, the performance or management of TIS National Services.

‘Terms’ means these General Terms and Conditions of Use, any terms and conditions that appear in, are referred to, or are linked to by these General Terms and Conditions of Use, including, but not limited to, the Terms and Conditions for Bookings, the Website Terms and Conditions and any additional or supplementary terms and conditions You agree to when making a booking.

‘Terms and Conditions for Bookings’ means the terms and conditions applicable to making a booking for Services available at Terms and Conditions for Bookings. 

‘TIS National Services’ or ‘Services’ means the services provided to You by TIS National and include:

a. registering You as a TIS National client and providing You with an Account;

b. interpreting services, including the Automated Telephone Interpreting Service (ATIS), on-site, telephone and video interpreting services; 

c. any other services provided by TIS National from time to time.

‘TIS Online’ means the TIS Online self-service booking tool which allows creation and use of a TIS Online account and self-management of interpreting bookings.

‘Website’ means https://www.tisnational.gov.au and/or https://tisonline.tisnational.gov.au.

‘Website Terms and Conditions’ means the terms and conditions applicable to using the Website available on this page.

‘You’ or ‘User’ means the agency, organisation and individual receiving TIS National Services under these Terms and includes, where the context allows, any representative of a User. ‘Your’ has the corresponding meaning. 

2.2. In these Terms, the following rules of interpretation apply:

a. the singular includes the plural and vice versa, and a gender includes other genders;

b. another grammatical form of a defined word or expression has a corresponding meaning;

c. a reference to a document, publication, Commonwealth policy or instrument is a reference to the document, publication, Commonwealth policy or instrument as altered, supplemented or replaced from time to time;

d. a reference to A$, $A, AUD, dollar or $ is to Australian currency unless stated otherwise;

e. 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;

f. a reference to a party includes the party's executors, administrators, successors and permitted assigns and substitutes;

g. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

h. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

i. the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;

j. 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;

k. 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;

l. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any related documents (including any additional or supplementary terms and conditions that apply to Your use of TIS National Services);

m. 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

n. headings are for ease of reference only and do not affect interpretation.

2.3. If the User is a trustee, the User accepts the Terms personally and in its capacity as trustee and warrants that it has the power to perform its obligations under the Terms.

3. User Agreement

3.1. By making a booking for, accessing and/or using any TIS National Services, You acknowledge and agree that: 

a. You have had the opportunity to read and understand the Terms and Your obligations under them; and

b. You will be bound by these Terms, as applicable to Your use of TIS National Services.

3.2. You acknowledge and agree that a separate contract is formed between TIS National and You on each occasion You make a booking for or use TIS National Services, on the terms and conditions set out in these Terms.

3.3. You acknowledge that these Terms also incorporate the Terms and Conditions for Bookings, the Website Terms and Conditions and the Cancellation Policy, as applicable. The Terms and Conditions for Bookings and the Cancellation Policy apply if You make a booking to use TIS National Services. The Website Terms and Conditions apply if you use the Website.

3.4. The Department may at its sole discretion amend these Terms as required, with any such amendments applying from the date the amended Terms are published on the Website. If You proceed to make a booking for or use TIS National Services following any changes to these Terms (including any additional or supplementary terms that apply when making a booking), You acknowledge that booking or use represents Your agreement to be bound by the amended Terms in respect of Your use of any such TIS National Services. We recommend You review the Terms (including any additional or supplementary terms that apply when making a booking) for amendments before making a booking for or using TIS National Services.

3.5. Where you have already made a booking for TIS National Services, the Terms that were in force at the time you made the booking will apply, subject to any variations to the service charges permitted thereunder.

4. Legal capacity

4.1. You warrant and agree to comply with Your own legal obligations that are relevant to minors accessing TIS National Services for the purposes of communicating with You, including, but not limited to, ensuring legal capacity has been appropriately determined and any applicable privacy and collection of personal information obligations have been observed.

5. Obligations of User

5.1. You are responsible for any use of Your Account and the management of passwords, including any use by anyone acting on Your behalf. You must not access or link to or seek to access or link to any other person’s Account, without the permission of the Account holder.

5.2. You agree:

a. that all material, information and data You submit to us will be, to the best of Your knowledge, true and complete, and if You do not wish to provide the details of the non-English speaking client, You must tell us this is confidential;

b. to keep Your email, Client Code, ATIS account number (if applicable) and password secure;

c. to ensure Your email address or contact details provided to TIS National remain up-to-date;

d. to notify us of any errors in a booking;

e. to cooperate with any reasonable requests in connection with TIS National's delivery of Services, including by providing information or other materials relating to the provision of Services upon request;

f. to use TIS National Services only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the Services by any third party;

g. to comply with all relevant legislation of the Commonwealth and of all applicable States, Territories and local authorities when using TIS National Services, in particular the:

i. Crimes Act 1914 (Cth);

ii. Racial Discrimination Act 1975 (Cth);

iii. Sex Discrimination Act 1984 (Cth);

iv. Disability Discrimination Act 1992 (Cth); and

v. Workplace Gender Equality Act 2012 (Cth); and 

h. that unauthorised use of TIS National Services could result in criminal prosecution.

6. Service charges

6.1. When You register an Account, we will send a copy of our prevailing service charges for use of TIS National Services to the email address You used to register.

6.2. If we update our service charges, we will notify You of the new service charges and their date of effect via email to Your Account administrator’s registered email address. You acknowledge and agree that the new service charges will apply to all TIS National Services provided on or after the notified date of effect, regardless of when You made a booking for those Services.

6.3. If You do not agree with the new service charges, then You may cancel Your booking in accordance with the Cancellation Policy. If You do not cancel Your booking, the new service charges will apply.

6.4. Service charges are shown in Australian dollars and include GST where applicable. 

6.5. We reserve the right to correct any errors in our cost calculator on the Website.

6.6. TIS National service channels allow for non-English speakers (‘NES’) to call TIS National when the NES is seeking to communicate with an agency. In this clause, ‘NES-initiated call’ means a call where a NES telephones TIS National directly and TIS National engages an interpreter to connect the call to the requested agency. If You authorise TIS National to connect NES-initiated calls to You, then You agree that You will be charged for such calls, including for successful and unsuccessful connections. Unsuccessful connections which You agree to be charged for include, but are not limited to, when the call from TIS National to the requested agency:

a. is not answered (including if the call is outside the agency’s usual business hours); 

b. is placed on hold for 10 minutes or more (TIS National will ordinarily terminate a call after 10 minutes on hold); 

c. is engaged; 

d. is diverted to a message taking service; or 

e. results in an automated message response.

At Your discretion, You may provide TIS National with a dedicated or priority telephone number in order to minimise unsuccessful connections.

Free Interpreting Service (FIS)

6.7. If You are approved to access free interpreting services under the FIS, we will not charge You any service charges and the Terms and Conditions of use for the Free Interpreting Service will apply to Your use of TIS National Services in addition to these Terms.

7. Invoicing

7.1. You must pay us the relevant service charges payable for the supply of TIS National Services, subject to us delivering valid tax invoices to You for each calendar month.

7.2. Payment must be made within 28 days from the date of a valid tax invoice.

7.3. Invoices will be sent to the nominated e-billing email address. You will not be able to access or pay an invoice in TIS Online.

7.4. A tax invoice is valid if it contains the details as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

7.5. If You are not based in Australia, You must pay applicable service charges by credit card. No alternative payment methods are accepted for international payments.

8. Suspension or termination of Your Account

8.1. The Department, acting reasonably, may lock, suspend or terminate Your Account(s) at any time. This includes, without limitation, where:

a. You breach any provision of these Terms;

b. You fail to pay any amounts You owe to the Department by the due date for such payment; or

c. in the Department’s reasonable opinion, You misuse the Website (including TIS Online), Your Account or Your Client Code.

8.2. The Department may also deactivate Your Account(s) if it is inactive or dormant for a period of 12 months or more. If this occurs, the Department will notify You by email to Your Account administrator’s registered email address. If You would like to reactivate the Account(s), You should contact the Department at tispromo@homeaffairs.gov.au.

8.3. If you do not agree to the Terms or any subsequent modifications to the Terms or become dissatisfied with TIS National Services in any way, You agree to refrain from making a booking for any further TIS National Services. Ceasing to make further bookings will not affect any previous or existing contract in place between You and the Department.

8.4. You may close your Account with TIS National at any time by providing written notification to tispromo@homeaffairs.gov.au or tis.freeinterpreting@homeaffairs.gov.au. 

9. Information that You provide to us 

9.1. When You submit information in connection with any TIS National Services, You grant the Department an intellectual property licence to publish, transmit or otherwise use that content for the purpose of providing or managing TIS National Services, and for any related Commonwealth purpose. 

9.2. The Department reserves the right not to publish any content You submit.

9.3. You represent and 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.

9.4. You consent to the Department engaging in any conduct that may otherwise constitute a breach of Your moral rights, or those of individuals acting on Your behalf, in relation to any content that You provide to the Department, where such conduct is otherwise in accordance with these Terms. 

10. Privacy

10.1. Your personal information is protected by law, including the Privacy Act 1988 (Cth) (Privacy Act), and is collected by us for the purpose of providing TIS National Services. 

10.2. By agreeing to these Terms, You consent to the Department’s use and disclosure of Your personal information for the purposes of supplying TIS National Services. You can obtain more information about the way in which the Department will manage Your personal information by accessing our detailed Privacy Notice.

10.3. You acknowledge and agree to our Privacy Notice available at Privacy Notice.

11. Security

11.1. The Department will make all reasonable efforts to ensure Your information is secure, accurately recorded and not corrupted or changed.

11.2. The Department is responsible for the security of Your information while it is collected by, stored on or passing through TIS National systems.

12. Recordings

12.1. If You record TIS National Services, You warrant and agree to comply with all relevant laws and obligations relating to call recording, including but not limited to, obtaining any relevant consent from all affected individuals. TIS National reserves the right to record interpreting services for training and quality assurance purposes, subject to complying with its obligations under relevant laws.

13. Communications

13.1. Users registered with an Account agree to receive email and Short Message Service (SMS) notifications from time to time in relation to their bookings. Users may tailor notification preferences in their TIS Online profile. 

13.2. Do not reply to emails received from noreply@TISNational.gov.au or SMS messages from TIS National No Reply. These are unsupervised accounts and any notifications received here will not be deemed accepted by TIS National and will not receive a response.

13.3. TIS National will, from time to time, provide information about changes to services via the Website. You must refer to the Website for any general information and communications about the delivery of TIS National Services.

13.4. If You have subscribed to receive e-communications, You may receive news items and information about service changes via email. You may unsubscribe at any time.

14. Nature of relationship

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

14.2. For avoidance of doubt, TIS National’s language service providers are contractors of the Department and not officers, employees, partners or agents of the Department. 

15. Disclaimer

15.1. You expressly agree that use of TIS National services is at Your sole risk.

15.2. No advice or information, whether oral or written, obtained by You from the Department or through TIS National Services will create any warranty or representation not expressly made in these Terms.

15.3. To the extent permitted by law, and except as expressly made in these Terms, 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.

15.4. The Department makes no representation or warranty: 

a. that TIS National Services will meet Your requirements, or that access to and use of TIS National Services will be uninterrupted, timely, secure, or error free;

b. as to the results that may be obtained from the use of TIS National Services or as to the accuracy or reliability of any information obtained through TIS National Services;

c. as to the quality of interpreting Services provided;

d. that information and Services provided to You do not infringe the intellectual property rights or any other rights of any person; and

e. as to the suitability of TIS National Services for any purpose.

15.5. To the extent permitted by law, the Department excludes all liability 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 TIS National Services including, but not limited to, loss, injury or damage You might suffer as a result of:

a. Your use of TIS National Services or Your inability to access TIS National Services; or

b. any delay in the Department performing any of their obligations, or any cancellation of Services by the Department, if such delay or cancellation is caused by circumstances beyond their reasonable control, including, but not limited to, late arrival or unavailability of interpreters, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, severe weather event, natural disaster or other act of God,

except to the extent caused by the Department’s failure to comply with its obligations under these Terms or negligent act or omission.

For the avoidance of doubt, You acknowledge and agree that The Department is not liable to pay You compensation for any costs You may incur as a result of the late arrival or non-attendance of an interpreter beyond the Department’s reasonable control.

15.6. Notwithstanding any other provision of these Terms and to the extent permitted by law, the Department’s liability to the Account holder and any User of TIS National Services is limited to the amount actually received by the Department from the Account holder and/or User in payment for TIS National Services.

16. Indemnity

16.1. You must at all times indemnify, and keep indemnified, the Department and its Personnel (‘those indemnified’) from and against any:

a. cost or liability incurred by those indemnified;

b. loss of or damage to property of those indemnified or any other person;

c. loss 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 those indemnified; or

d. personal injury or death of any person, 

arising from:

e. any negligent, reckless, or fraudulent act or omission by You, Your affiliates, representatives or agents in connection with Your or their use of TIS National Services;

f. any breach by You, Your affiliates, representatives or Your agents (or any person You have authorised or permitted to use Your Account or receive TIS National Services) of any provision of the Terms (and any additional or supplementary terms You agree to at the time You make a booking for TIS National Services);

g. any unauthorised use or disclosure by You or Your affiliates, representatives or agents of personal information (as defined in the Privacy Act) held or controlled in connection with the Terms; or

h. the use by those indemnified of any information provided by You, Your affiliates, representatives or agents (including in respect of any infringement of intellectual property rights in that information), irrespective of whether there was fault on the part of the person whose conduct gave rise to that liability or loss.

16.2. Without limiting clause 16.1, if You ask TIS National to provide a specific interpreter to fulfil Your booking contrary to TIS National’s Allocation Policy and TIS National agrees to that request, You agree:

a. that the Commonwealth has no liability associated with the appointment of the requested interpreter;

b. not to start any proceedings against the Commonwealth and if You do, the Commonwealth can rely on this clause 16.2 as evidence of Your agreement not to start proceedings;

c. that the indemnity in clause 16 extends to all proceedings, claims, demands, losses and detriment of any nature that may be brought or made against the Commonwealth associated with the appointment of the requested interpreter; and

d. to release and forever discharge the Commonwealth from all proceedings, claims, demands, losses and detriment of any nature, whether in tort or contract, which You have or may at any time have against the Commonwealth associated with the appointment of the requested interpreter.

16.3. Your liability to indemnify the Department will be reduced proportionately to the extent that any breach of the Terms by the Department or any negligent act or omission on the part of the Department contributed to the relevant liability or loss.

16.4. The right to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.

17. Severability

17.1. If any part of these Terms are 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.

18. Waiver

18.1. 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.

19. Governing law

19.1. These Terms will be governed by and interpreted in accordance with the laws of the Australian Capital Territory and You irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

19.2. Without limiting clause 19.1, if You access TIS National Services in a jurisdiction other than Australian Capital Territory, You are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Terms and Conditions for Bookings

1. Application of these Terms and Conditions for Bookings

1.1. The following terms and conditions (‘Terms and Conditions for Bookings’) apply when You make a booking for the use of TIS National Services.

1.2. These Terms and Conditions for Bookings form part of, and apply in addition to, the General Terms and Conditions of Use and the Website Terms and Conditions.

1.3. By making a booking request for any TIS National Services, in any manner, including via Your TIS Online Account, You acknowledge You have read these Terms and Conditions for Bookings and agree to be bound by them.

1.4. Words and expressions used in these Terms and Conditions for Bookings have the meanings and interpretation given to them in the General Terms and Conditions of Use. 

2. Bookings

2.1. Bookings for the following TIS National Services must be made via Your TIS Online Account:

a. Pre-booked phone interpreting

b. On-site interpreting

c. Video remote interpreting.

2.2. We recommend that all booking requests be made at least one week in advance wherever possible. Bookings may be made up to 90 calendar days in advance.

2.3. In exceptional circumstances and if You cannot access TIS Online, You may contact us by telephone and we will use all reasonable efforts to provide You with an interpreter. You must submit a written request to us via email as soon as possible after contacting us by telephone. 

2.4. You must notify us if You have any specific requirements relating to an interpreter, including, but not limited to:

a. National Accreditation Authority for Translators and Interpreters (NAATI) credential level;

b. gender; 

c. Working with Children Check or its equivalent in different Australian jurisdictions; 

d. National Disability Insurance Scheme (NDIS) Worker Screening Check;

e. continuity of the interpreter providing the service;

f. COVID-19 or other vaccination status; and/or

g. security clearance. 

2.5. You acknowledge and agree that:

a. an Electronic Instruction may not be received by us for reasons beyond either party's reasonable control including, but not limited to, electronic, mechanical, software, computer or telecommunications failure, or the omission or failure of third party website providers or systems;

b. we may act on and process all completed bookings transmitted or issued through the Website without further consent from or reference to You;

c. we may treat a booking as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions;

d. all booking requests are subject to availability and confirmation by us, and we make no guarantee that the interpreting service requested will be available, or that a specific interpreter can be allocated to You in accordance with Your request;  

e. we may, acting reasonably and at our discretion, accept or reject any booking made by You for any reason, including an error in Your booking; and

f. we will assign work to interpreters in accordance with TIS National’s Allocation Policy.

2.6. Text entered into the Instructions for Interpreter field on the TIS Online booking request form will automatically be displayed to all interpreters and must only include instructions for the allocated interpreter. Text entered in this field must not:

a. refer to or request a specific interpreter, or request not to be allocated a specific interpreter;

b. contain defamatory or offensive remarks; 

c. contain sensitive, private or confidential information; or 

d. be specific requests or requirements other than practical on-site instructions for the interpreter (e.g. sign in at reception desk on ground floor; must wear a mask and present proof of COVID-19 vaccination to site contact).

2.7. Specific requirements which are not intended for the interpreter to view (e.g. requesting exclusion of a specific interpreter) must be entered in the relevant field in the Additional Requirements section of the booking request form.

2.8. You must ensure that a representative of Your organisation is present for all on-site bookings to facilitate the interpreting interaction. This may be an employee or another person You have authorised for this purpose. Your representative should also verify the interpreter’s identification before commencing an assignment.

3. Significant changes and cancellations

3.1. By making a booking for TIS National Services, You agree to be bound by the TIS National Cancellation Policy (‘Cancellation Policy’).

3.2. To cancel a booking, You must follow the procedures in the Cancellation Policy. 

3.3. Without limiting the Cancellation Policy in any way, if You cancel a booking without sufficient notice (as defined in the Cancellation Policy), You may be charged in accordance with the Cancellation Policy. 

3.4. Where You request a significant change to a pre-booked phone, on-site or video remote assignment without sufficient notice, TIS National may, at its absolute discretion, treat this as a cancellation without sufficient notice and You may be charged in accordance with the Cancellation Policy. What constitutes a ‘significant change’ is defined in the Cancellation Policy.

3.5. TIS National may occasionally need to cancel bookings that You have made for TIS National Services. This may occur because the assigned interpreter is no longer available or for other reasons, including those that are beyond TIS National’s reasonable control. You agree that no compensation will be payable by the Department in these circumstances. If TIS National needs to cancel a booking, we will provide You with advance notice wherever possible.

4. Service charges

4.1. By submitting a booking (whether through TIS Online or otherwise), You agree to pay the applicable service charges prevailing at the time the Services are provided (which may be different to the service charges applicable at the time you make the booking if the service charges have been varied in accordance with the General Terms and Conditions of Use). 

4.2. You acknowledge and agree that You may be charged for the full booking period (whether used or not) unless you notify us of a change or cancellation with sufficient notice, as defined in the Cancellation Policy.

5. Work health and safety

5.1. You acknowledge that You have work health and safety (WHS) obligations to interpreters who provide Services for You and agree to comply with the relevant WHS legislation applicable to You. Without limiting these obligations, You agree to provide appropriate breaks for interpreters, particularly for bookings longer than one hour.

Website Terms and Conditions

1. General

1.1. Your use of the Website is subject to these Website Terms and Conditions.

1.2. If You do not accept these Website Terms and Conditions, You must not use the Website.

1.3. The Commonwealth of Australia, as represented by the Department of Home Affairs, ABN 33 380 054 835, of 6 Chan Street, Belconnen ACT 2617, or its successor (‘us’, ‘our’, ‘we’, ‘the Department’ or the ‘Commonwealth’) is the administrator of the Website. References to TIS National in these Website Terms and Conditions are references to the Department.

1.4. Words and expressions used in these Website Terms and Conditions have the meanings and interpretation given to them in the General Terms and Conditions of Use.

2. User Agreement

2.1. By accessing or using the Website, You acknowledge and agree that: 

a. You have had the opportunity to read and understand the Website Terms and Conditions and Your obligations under them; 

b. You will be bound by these Website Terms and Conditions, as applicable to Your use of the Website.

2.2. These Website Terms and Conditions may be amended from time to time at the sole discretion of TIS National.

3. Obligations of User

3.1. You agree to:

a. use the Website only for lawful purposes (acknowledging that unlawful use of the Website could result in criminal prosecution) and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the Website by any third party;

b. comply with all relevant legislation of the Commonwealth and of all applicable States, Territories and local authorities when using the website, in particular the:

i. Crimes Act 1914 (Cth);

ii. Racial Discrimination Act 1975 (Cth);

iii. Sex Discrimination Act 1984 (Cth);

iv. Disability Discrimination Act 1992 (Cth); and

v. Workplace Gender Equality Act 2012 (Cth).

4. Copyright

4.1. Terms and conditions regarding the copyright of the content on this Website are located in our Copyright Notice. 

4.2. By using the Website, You agree to the terms and conditions of our Copyright Notice.

5. Third party software

5.1. TIS National uses Google software to operate parts of this Website. From time to time, we may also use other third party software.

5.2. You acknowledge and agree to third party software terms and conditions, including Google’s Terms of Service, available at Google Terms of Service – Privacy & Terms – Google.

5.3. The Google Privacy Policy, available at Privacy Policy – Privacy & Terms – Google, also applies to the use of the Google Maps Application Programming Interface (API) on our Website.

6. Disclaimer

6.1. You expressly agree that use of the Website is at Your sole risk and You assume all risks associated with such use.

6.2. To the extent permitted by law, and except as expressly made in these Website Terms and Conditions, 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.

6.3. The Department makes no representation or warranty: 

a. that the Website will meet Your requirements, or that access to and use of the Website will be uninterrupted, timely, secure, or error-free;

b. as to the completeness, accuracy or reliability of any information obtained through the Website;

c. that information on the Website does not infringe the intellectual property rights or any other rights of any person; 

d. that the content of the Website complies with the laws of any country;

e. 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; 

f. as to the suitability of the Website for any purpose; and

g. as to the suitability of the information accessible for viewing by minors or any other person.

6.4. The Department does not authorise or accept responsibility for the reproduction of any material on the Website.

6.5. To the extent permitted by law, the Department excludes all liability 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 including, but not limited to, loss, injury, or damage You might suffer as a result of:

a. the use of, or reliance on, the information contained on or accessed through this Website whether or not caused by any negligence on the part of the Department, its contractors or its agents;

b. Your use of, or access to, the Website or Your inability to access the Website;

c. any interruption or cessation of transmission to or from the Website, including a failure to receive an Electronic Instruction for whatever reason;

d. any unauthorised access to or use of the Website’s secure servers;

e. any interference with or damage to Your computer system, software or data occurring in connection with or relating to the Website, 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;

f. the quality or fitness for any purpose of any linked sites; or

g. the risk that the content of the Website and linked web sites does not comply with the laws of any country outside Australia,

except to the extent caused by the Department’s failure to comply with its obligations under these Website Terms and Conditions or negligent act or omission.

6.6. 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 advising us of any changes. If You find a link that does not work, please contact us by telephone or via the online form on the Website.

6.7. 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 their content or for any loss or inconvenience arising from use of a linked third party website or its content.

6.8. 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.

6.9. You agree that Your use of the Website will be logged for the purpose of security and usage monitoring. For further information, refer to TIS National's Privacy Notice.

7. Indemnity

7.1. You must at all times indemnify, and keep indemnified, the Department and its Personnel (‘those indemnified’) from and against any:

a. cost or liability incurred by those indemnified;

b. loss of or damage to property of those indemnified or any other person;

c. loss 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 those indemnified; or

d. personal injury or death of any person, 

arising from:

i. any negligent, reckless, or fraudulent act or omission by You or Your affiliates, representatives or agents in connection with Your or their use of the Website;

ii. any breach by You or Your affiliates, representatives or agents of any provision of the Website Terms and Conditions;

iii. any unauthorised use or disclosure by You or Your affiliates, representatives or agents of personal information (as defined in the Privacy Act 1988 (Cth)) held or controlled in connection with the Website Terms and Conditions; or

iv. the use by those indemnified of any information provided by You or Your affiliates, representatives, or agents (including in respect of any infringement of intellectual property rights in that information), irrespective of whether there was fault on the part of the person whose conduct gave rise to that liability or loss.

7.2. Your liability to indemnify the Department will be reduced proportionately to the extent that any breach of the Website Terms and Conditions by the Department or any negligent act or omission on the part of the Department contributed to the relevant liability or loss.

7.3. The right to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.

8. Security

8.1. The Website is hosted on a web server in Sydney, New South Wales, Australia.

8.2. You acknowledge and agree to our terms and conditions regarding the security of our Website available at TIS National's Security statement.

9. Severability

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

10. Waiver

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

11. Governing Law

11.1. These Website Terms and Conditions will be governed by and interpreted in accordance with the laws of the Australian Capital Territory. You irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

11.2. Without limiting clause 11.1, if You access the Website in a jurisdiction other than Australian Capital Territory, You are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.