ServiceWA app: Terms of use

ServiceWA is an app provided by the State of Western Australia (also called the WA Government) to help people connect online with WA Government services.
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About ServiceWA

ServiceWA is an app provided by the State of Western Australia (also called the WA Government) to help people connect online with WA Government services. It is designed for people who live in Western Australia, who do business or are visiting WA. The app includes an inbox to receive authorised messages from the WA Government.

The app also includes Optional Services. These include:

  • Emergency WA for notification of bushfire warnings in your current location;
  • SharkSmart WA to help you see information about reported sightings, tagged shark detections and current alerts and warnings (note that SharkSmart WA is also available as a standalone mobile application outside of ServiceWA).;
  • FuelWatch to help you see information about fuel prices in different places around Western Australia;
  • Weather Stations to help you see information about local weather conditions;
  • Unclaimed Money to help you search for unclaimed money that may be owed to you by the WA Government or Western Australian organisations;
  • FishCatchWA to help you report your catches of demersal scalefish in the West Coast Bioregion;
  • Online Licence Search to help you search for information about licences issued by various WA Government agencies; and
  • Offers to help you receive rebates, payments and vouchers from the WA Government.

Each service includes websites and associated software.

By using ServiceWA, your information is made available to the WA Government (and the WA Government can use it in accordance with the relevant privacy policies).

About these terms of use

What these terms are about. These ServiceWA Terms of Use apply to individuals for the purposes of accessing and using ServiceWA.

These Terms outline the rules that apply to your use of ServiceWA. Please read them carefully as they contain information about your rights and obligations. By using or accessing ServiceWA, you are agreeing to these Terms.

Who these terms apply to. These Terms apply to:

  • you – the individual who uses ServiceWA; and
  • the WA Government.

Changes to these Terms. These Terms may only be changed by the WA Government. If these Terms are changed, you will be notified when you next use ServiceWA.

If you continue to use ServiceWA, the changed terms will apply from the time they were changed. They will replace any previous ServiceWA Terms.

Additional Terms. These ServiceWA Terms also apply to the Optional Services (as if a reference in these ServiceWA Terms to ServiceWA was a reference to the Optional Services). Optional Services may also have their own Additional Terms – for example:

If you use an Optional Service on the ServiceWA app, its Additional Terms apply in addition to these ServiceWA Terms.

Your ServiceWA account

Setting up an account. You may use ServiceWA without setting up an account. However, to use some Optional Services on ServiceWA, you will need to set up a ServiceWA account, using a Digital ID (such as myID) to provide proof of your identity. For more information about myID, see the myID website. When you sign in to the app using your Digital ID (such as myID), the only information shared with ServiceWA is your name, DOB and email address.  

You must not share your ServiceWA account login details with anyone else. Keep your login details safe and secure so that no one else can access them. You must not permit anyone else to access or use ServiceWA using your login details.

If you:

  • don't take reasonable steps to keep your login details secure, and someone else signs in to your account; or
  • give your login details to someone else who then signs in to your account,

then you are responsible for everything that person does using your account.

Tell the WA Government immediately if you think someone else has accessed your ServiceWA account. You should change your Digital ID password immediately via their password reset features as soon as you suspect this has occurred. Please notify the WA Government by calling 13 33 WA (13 33 92).

You can delete your account. You may delete your account by choosing the "Delete account" option in ServiceWA. This deletes your account information (but information provided using support or Optional Services may be kept under the relevant privacy policies). If you wish to re-create your account, you will need to set up ServiceWA again and re-link any Optional Services you wish to use. For more information on deleting your account, please contact support@digital.wa.gov.au

The WA Government can close accounts. In some cases, the WA Government may close accounts that have not been used after a certain amount of time – for example, if the account has been locked, or you haven't signed in for a long time. If your account has been closed and you wish to resume using ServiceWA, you will need to re-activate your ServiceWA account.

Using ServiceWA for the right reasons

Use ServiceWA only for the purpose of connecting online with WA Government services.

Don't use ServiceWA for other things. You must not use ServiceWA for any other reason, or in any way other than as set out in these Terms. For example, you must:

  • no commercial use: not resell or make ServiceWA available to any third party, or otherwise commercially exploit ServiceWA;
  • no decompiling: not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of ServiceWA or the technology it uses;
  • no framing: not (nor attempt to) frame or mirror any part of ServiceWA, or delete any attributions or legal or proprietary notices on ServiceWA; and
  • no monitoring or copying: not monitor or copy ServiceWA, or use any software (like bots, scraper tools etc) to access, monitor or copy ServiceWA or its contents, and not use ServiceWA or its contents to build or inform a competitive product or service.

Using ServiceWA in the right way

Using the system properly. You must:

  • security measures: not attempt to bypass any security measures in respect of ServiceWA or any technology it uses;
  • no automation: not access or use ServiceWA using automated means;
  • no harming the system: not use (or misuse) ServiceWA in any way that may impair the functionality of the underlying systems or other technology that ServiceWA uses, or impair the ability of any other user to access or use ServiceWA;
  • no harming others: not use ServiceWA in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable or misleading; and
  • no unauthorised access: not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don't need in order to use ServiceWA in accordance with these Terms.

Follow the law and these Terms. You are responsible for complying with these Terms, and with all laws (and with any other terms and conditions) that apply to your use of ServiceWA.

Rebates and payments

Application. If you submit an application for a rebate or payment using ServiceWA, then the WA Government (or those assessing your application):

  • will make a decision on the application in its sole discretion; and
  • except as otherwise provided by law, is under no obligation to approve any application.

If you submit an application for a rebate or payment using ServiceWA, then the WA Government (or those assessing your application) may:

  • check or audit the information you provide, including by checking other sources of information;
  • require you to provide further information to support your application.

Payment. If a decision is made to pay the rebate or other payment, then:

  • Amounts are stated and paid in Australian dollars to an Australian bank;
  • you authorise the WA Government (or the entity making the payment) to pay the amount by electronic fund transfer into the bank account nominated by you in your claim;
  • payment is made when the WA Government (or the entity making the payment) has instructed its bank to credit your nominated bank account;
  • the WA Government (or the entity making the payment) is not liable for any delays in payment;
  • you are solely responsible for checking that your nominated bank account details are correct. The WA Government is under no obligation to check those details, or remedy in mistakes in them; and
  • if payment is incorrectly paid to your nominated bank account, you must repay the amount to the WA Government.

Changes to rebates. To the extent permitted by law, the WA Government reserves the right to, at any time, and without liability to any person:

  • change the process for making an application for a rebate or other payment;
  • pause or stop accepting and processing applications (whether new or current) for a rebate or other payment through ServiceWA;
  • change, suspend or cancel the rebate or payment scheme.

Privacy and your information

Privacy. Personal information will be collected, used, stored and disclosed as set out in the ServiceWA Privacy Policy and the Additional Terms for the Optional Services. By using or accessing ServiceWA, you agree to such collection, use, storage and disclosure.

You should ensure that you have the consent of any person whose personal information you provide using ServiceWA. 

Personal information will be made available to WA Government service providers who assist with WA Government operations, including:

  • Akkodis, who have committed to dealing with your information in accordance with the ServiceWA Privacy Policy;
  • MongoDB, who have their own privacy practices;
  • Amazon, who operate Amazon Web Services and have their own privacy practices; and
  • Microsoft, who operate Azure services and have their own privacy practices.

Electronic notices. The WA Government may send you electronic messages via electronic notifications, including electronic notifications on your mobile device. You acknowledge and agree that any such messages satisfy all legal requirements for written communication.

Limitations of ServiceWA

No warranties. ServiceWA is provided 'as is' and 'as available'. Except as required by law, the WA Government does not make any claims (and hereby disclaim any warranties) relating to:

  • quality, performance or fitness for any particular purpose of ServiceWA;
  • accuracy, reliability or quiet enjoyment of ServiceWA;
  • completeness or accuracy of any messages sent by ServiceWA (via an Optional Service or otherwise);
  • non-infringement of third party rights (including intellectual property rights); or
  • anything else to do with ServiceWA or any associated services.

Nothing that the WA Government says or writes creates any warranties in respect of ServiceWA. But the law may have warranties for ServiceWA that cannot lawfully be excluded or changed - those warranties will apply to ServiceWA as required by law.

Errors and interruptions. The WA Government is not responsible for:

  • making sure ServiceWA is error free;
  • ensuring that you receive relevant messages or alerts;
  • ensuring that you provide the correct device permissions to enable correct operation of ServiceWA;
  • ensuring any defects with ServiceWA will be fixed; or
  • ensuring that you have continuous access to ServiceWA.

Information. The WA Government cannot guarantee the accuracy or completeness of information on ServiceWA. For example, some information is provided by third parties, or may not have transmitted or been recorded correctly.

Third party technologies. ServiceWA use QR code technology and other technology and services that are provided by third parties. The technology may not always work as expected. As with the other aspects of ServiceWA, the WA Government is not responsible for the operation of those technologies, or for making sure they are error-free.

ServiceWA may contain links to third party websites. The WA Government is not responsible for those websites – including in respect of their content, services and privacy practices.

ServiceWA can be changed or withdrawn. The WA Government may, at any time, and without notice or liability to you:

  • change ServiceWA (including any of its Optional Services); or
  • suspend or discontinue ServiceWA (in whole or in part).

The WA Government can cancel your access to ServiceWA. The WA Government may, at any time, and without notice or liability to you:

  • terminate, suspend, restrict or disable your access to or use of ServiceWA; or
  • change who can use ServiceWA.

This could be because you do not comply with these Terms or with your legal obligations – or it could be for any other reason, including reasons relating to WA Government internal operations.

Limitations of liability

Use of ServiceWA is at your own risk. If ServiceWA is defective, you won't be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.

The WA Government is not liable for loss. The WA Government and its service providers are not liable for personal injury, or for any incidental, special, indirect or consequential damages whatsoever – including, without limitation:

  • loss (or use or misuse) of data or damage to any technology;
  • loss of profits or income, loss of opportunity;
  • interruption to your business or your travel plans; or
  • any other loss or cost arising out of or related to your use of (or inability to use) ServiceWA,

– however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised the WA Government of the possibility of such loss or cost.

The WA Government's total liability to you for all damages and any kind of loss will not, in any case, exceed $20 (Australian).

Your rights at law. Some jurisdictions give you rights at law that can't be limited or excluded – and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.

If the WA Government is liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), the WA Government limits its liability under those provisions to (as the WA Government chooses chooses):

  • supplying ServiceWA or any relevant services again; or
  • the payment of the cost of having ServiceWA or relevant services supplied again.

Intellectual property rights

The WA Government (or its service providers) own all rights in ServiceWA. It is licensed (not sold) to you. The licence is for you to use ServiceWA for the sole purpose of connecting online with WA Government services, including the Optional Services.

The WA Government reserves all rights in and to ServiceWA (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree to not challenge or dispute those reserved rights.

If you provide us any feedback about ServiceWA, the WA Government may use and disclose that feedback without any obligation to you. The WA Government owns all rights in anything created as a result of that feedback (including any changes to ServiceWA).

Apple and Google terms

You need to comply with some additional terms set out by Apple and Google.

For all Apple and Google users. If you have downloaded or accessed ServiceWA via an Apple service or a Google service, then:

  • Apple or Google (as applicable) may collect, retain and use information about your use of ServiceWA;
  • these Terms are an agreement between you and the WA Government, and not with Apple or Google;
  • neither Apple nor Google is responsible for providing you with support or maintenance in respect of ServiceWA;
  • neither Apple nor Google is responsible for addressing any claims by you or any third party relating to ServiceWA; and
  • neither Apple nor Google is responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims.

Additional Apple terms. If you have downloaded or accessed ServiceWA via an Apple service (including the App Store or the iTunes Store), or an Apple iOS device:

  • the WA Government grants you the right to use ServiceWA only on an Apple iOS product that you own or control, and as permitted by the usage set out in the App Store Terms of Service;
  • if ServiceWA does not comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the ServiceWA mobile app to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ServiceWA mobile app;
  • you represent and warrant that you are not: (i) located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country; or (ii) listed on any US government list of prohibited or restricted parties; and
  • Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you.

General

Laws of WA. These Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes. Before filing a claim or complaint against the WA Government, you agree to attempt to resolve the dispute by first emailing the WA Government at the contact details given below, with a description of your claim. We will attempt to resolve the dispute within 60 days of receiving your call. If we are unable to resolve the dispute, you may commence formal action.

Interpretation. 'Including' and similar words do not imply any limit. If any part of these Terms is illegal, unenforceable or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable or invalid, and the remaining parts of these Terms remain in full effect. Our failure or delay in enforcing these Terms is not a waiver of our right to do so later. References to an organisation include firms, companies, partnerships, joint ventures, associations and other bodies corporate, and any of their successors or permitted assigns.

Contact us

To contact the WA Government about ServiceWA, call 13 33 WA (13 33 92) or email support@digital.wa.gov.au.

Page reviewed 27 July 2024

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