Introduction
This website is made available by the Department of Energy, Mines, Industry Regulation and Safety (the department). Your access to this website, and the provision of digital services by the department via this website, is subject to these Terms and Conditions of Use (Terms). In addition, there may be additional terms which apply to the provision of specific digital services via this website (Service Specific Terms).
By using this website, or otherwise using the department’s digital services, you agree to be bound by these Terms and any applicable Service Specific Terms. If you do not agree with these Terms (or any part of these Terms), then you must not access this website or the department’s digital services.
Changes to these Terms
The department reserves the right, at its sole discretion, to change or replace these Terms (and any Service Specific Terms) at any time. The department will endeavour to highlight any significant or substantive changes to you via this website where it is practical to do so.
If you continue to access this website (or use any of the department’s digital services) following any such change, then you will be deemed to have agreed to the changed or replacement Terms.
Acceptable use
In accessing this website (and using the department’s digital services), you must comply with the following acceptable use obligations. If you breach any of these obligations (or any of your other obligations under these Terms), then this may result in the department locking, suspending or terminating your right to access this website and use the department’s digital services. You could also face civil or criminal penalties, depending on the nature of the breach in question.
- You must provide correct and up-to-date information (such as name and contact details etc.) to the department in relation to your use of this website and any account that you set up in relation to this website or the department’s digital services (account).
- You must keep your personal information secure to prevent other people from taking over or otherwise accessing your account.
- You must make sure only you can access your account. You must keep your password safe and not share it with another individual. If you do not take reasonable precautions, and someone else accesses your account, then you are responsible for everything that person does with your account.
- You must inform the department as soon as possible if you think that someone else has gained access to your account. You must also change your password as soon as possible in these circumstances, or if you think that someone else has gained access to that password.
- You are responsible for reading and promptly acting on any email or other messages that are sent to you in relation to the department’s digital services.
- You must not use this website or the department’s digital services in any way that causes damage to, or the disruption of accessibility or availability of, this website or the department’s digital services.
- You must not use this website or the department’s digital services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful activity.
- You must not use this website or the department’s digital services to publish, upload, or distribute any obscene or defamatory material including pictures, words or usernames.
- You must not use this website or the department’s digital services to publish, upload or distribute any material that incites violence, discrimination or hatred to any community, group or individual person.
- You must not upload or disseminate any computer virus, worms or bots or other software that may damage or disrupt this website or the department’s digital services.
- You must not use this website or the department’s digital services in any way that causes distress or harassment to others.
- You must not use this website or the department’s digital services in a way that infringes a person’s rights or prevents them from using this website or the department’s digital services.
- You must not violate the security of this website or the department’s digital services through any form of unauthorised access or circumvention of encryption or security tools used within this website or the department’s digital services.
- You must not use any software such as bots and scraper tools to access monitor or copy any part of this website (or the department’s code or content) unless you have express written permission by the department to do so.
Authorising others
You can use the WA Relationship Authorisation Manager provided by the department via this website to authorise others to act on your behalf when using some digital services provided by the State of Western Australia (State). (Organisations can also use this method to authorise employees, contractors, consultants and others to act on their behalf.)
Any such authorisation:
- does not replace a power of attorney – if the relevant agency for a digital service requires a power of attorney to be established, then you must follow the appropriate process for establishing the power of attorney; and
- is not to be considered as any kind of commercial arrangement, legally binding or otherwise, between you and the organisation or person you authorise. You should have appropriate contractual arrangements in place before using this website to authorise them to act on your behalf.
By authorising an organisation or another person via this website for a State digital service, you agree that:
- the Department and the State (and other State departments and agencies) may assume that organisation or person has authority to act on your behalf for that digital service; and
- a communication, notice or document is given to you if it is given to the organisation or person you have authorised.
If you authorise an organisation or another person via this website to act as a 'service administrator' for a State digital service, then you agree that the organisation or person may authorise other people to act on your behalf for that digital service. Those other people can then act on your behalf as if you had authorised them personally.
It is the sole responsibility of the individual or organisation to ensure that all authorisations to act on their behalf are current and that those who hold authorisations have the capacity to act on, or contract on, their behalf.
The Department and the State (and each State department or agency) take no responsibility for:
- any authorisation or appointment that is not current;
- the disclosure of information to any unauthorised or unappointed organisation or person; or
- any unauthorised or unappointed organisation or person carrying out a transaction.
Accepting authorisation from others
If you accept an authorisation from someone else via this website to act on their behalf, then:
- you must carry out only transactions and communications on their behalf for which you are currently authorised (meaning they have authorised you for that transaction or communication, and not withdrawn that authorisation);
- if that authorisation is based on you holding a certain position (for example, as an employee), you must hold that position at the time of the transaction or communication;
- if your authorisation is held as a result of law (for example, as a Power of Attorney), then that authorisation must be current at the time of the communication or transaction; and
- you must comply with any request made by the Department or the State (or any State department or agency) for you to verify your authorisation to act on behalf of the other person.
It is your responsibility to ensure that the person on behalf of whom you are carrying out the transaction or communication has properly authorised you to do so via this website – and that your authorisation remains valid and current.
Intellectual property
Unless otherwise stated, the department (on behalf of the State) owns the intellectual property rights (IP) in relation to the content, material, features, functionality and code associated with this website and the department’s digital services. This includes IP in written content, layouts, design graphics and imagery within any of the website or the department’s digital services.
You acknowledge and agree that you must:
- only use the department’s IP as part of your access of this website (or the department’s digital services) or record keeping purposes in relation to such use;
- not use any of the department’s IP for any unlawful purposes;
- not reproduce or distribute the department’s IP in any way shape or form except for content that is expressly made available for redistribution; and
- not sell, rent or exploit the department’s IP for any financial, commercial or personal gain.
Privacy and personal information
By setting up an account, or otherwise using this website or the department’s digital services, you agree to provide us with certain personal information. Please refer to our privacy statement for further information about the information we collect, how we use and store such information, and your rights in relation to such information. The department’s privacy statement may be updated or replaced from time to time.
Disclaimer
You acknowledge and accept that neither the department nor the State nor any employee or agent of the department or of the State are responsible or liable for any loss, damage or injury (including death) however caused (including if caused by any negligent or other unlawful act or omission of, by, or on, the part of the department, the State, or any agent or employee of the department or the State) in relation to your use of this website or the department’s digital services. For clarity, this includes any liability in relation to your use of or reliance on any information, data or advice (including incomplete, out of date, wrong, inaccurate or misleading information, data or advice) on this website or the department’s digital services.
You acknowledge and accept that this website and the department’s digital services may contain mistakes, errors and inaccuracies. Neither the department nor the State nor any employee or agent of the department or of the State are responsible or liable for the accuracy, completeness, performance, reliability, timeliness, quality or suitability of that information. Any information which is made available via this website or the department’s digital services is provided for informational purposes only and may change at any time without prior notice.
This website or the department’s digital services may include links to external internet sites. These external information sources are outside the department’s control. You acknowledge and accept that it is your responsibility to make your own decisions about the accuracy, currency, reliability and correctness of any information on such websites.
You acknowledge and accept that neither the department nor the State nor any employee or agent of the department or of the State are responsible or liable for any loss, interception or corruption of data, or interruption to your business, or any damages which arise from such loss, interception or corruption of data, or business interruption, in relation to your use of this website or the department’s digital services.
You acknowledge and accept that neither the department nor the State nor any employee or agent of the department or of the State are responsible for making sure that this website or the department’s digital services are error free.
You acknowledge and accept that neither the department nor the State nor any employee or agent of the department or of the State are responsible for making sure that any defects with this website or the department’s digital services will be fixed.
You acknowledge and accept that neither the department nor the State nor any employee or agent of the department or of the State are responsible for making sure that you have continuous or uninterrupted access to this website or the department’s digital services.
You acknowledge and accept that the department disclaims all warranties, conditions and guarantees (whether express or implied) in relation to your use of this website and the department’s digital services.
You may have certain rights (including certain consumer guarantees) under the Competition and Consumer Act 2010 which may not be able to be excluded or restricted by the department (non-excludable rights). You acknowledge and accept that if you have such non-excludable rights, then the department’s liability to you for any breach of such rights is limited to the resupply of any relevant services to you or, otherwise, to the fullest extent permitted by law.
Termination of access or services
If you do not comply with your obligations under these Terms, then the department may lock, suspend or terminate your access (including your use of any account). The department may also lock, suspend or terminate your access at any time and for any reason. The department may also close accounts that have not been used after a certain amount of time. If your account has been closed and you wish to resume accessing this website or the department’s digital services, then you may need to create a new account.
If you have set up an account, then you may close that account at any time by contacting us and requesting such a closure.
Governing law
The use of this website and the department’s digital services is subject to the laws of the state of Western Australia, along with any applicable Commonwealth laws (such as the Copyright Act 1968 (Cth)). You and the department are subject to those laws and the jurisdiction of the courts of Western Australia.
You may have other legal agreements with the department which relate to the provision of the department’s digital services. Such agreements are separate from and in addition to these terms. These terms do not amend, alter, revise or replace the terms of any other legal agreements you have with the department.
This website and the department’s digital services may be subject to the State Records Act 2000 (WA) and the Freedom of Information Act 1992 (WA). This means that any information in relation to this website and the department’s digital services may be disclosed in response to Parliamentary questions, Ministerial enquiries and inquiries conducted by or on behalf of the Auditor General of Western Australia.
Contact information
If you have any questions about these Terms, please contact us.
