Website Terms and Conditions
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).
4.1. 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.
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.
7.1. 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,
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.
8.1. 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.
9.1. 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.
10.1. 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.