AGREEMENT - TERMS AND CONDITIONS
The State of Queensland acting through the Department of Tourism, Regional Development and Industry ("Department") requires you to read, accept and abide by these Terms and Conditions when accessing any area of this website ("SmartSite"). If registering as a member of SmartSite's members-only web services ("My SmartSite"), you also agree to be bound by these Terms and Conditions.

1. RELYING ON INFORMATION ON SMARTSITE
This website ("SmartSite") is provided by the Department of Tourism, Regional Development and Industry ("Department") as a general information source only. The State of Queensland makes no statements, representations, or warranties about the timeliness, accuracy, completeness or reliability of any part of SmartSite and you should not rely on any information contained in SmartSite.

The State of Queensland disclaims all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way or otherwise misleading.

2. ACCESS TO SMARTSITE
The accessibility and operation of SmartSite relies on Internet technologies outside of the Department's control. The Department does not guarantee continuous accessibility or uninterrupted operation of SmartSite. The State of Queensland will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software. If you have difficulties accessing SmartSite, please contact SmartSite Help Desk during business hours.

3. SECURITY
Where appropriate, the Department uses available technology to protect the security of communications made through SmartSite. However, the State of Queensland does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through SmartSite.

Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the Department makes no warranties that SmartSite is free of infection by computer viruses or other unauthorised software. The State of Queensland will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).

4. LINKED SITES
The State of Queensland is not responsible or liable for the availability or content of any other Internet site (not provided by the Department) linked to or from SmartSite. Access to any other Internet site is at your own risk. If you create a link to SmartSite, you do so at your own risk.

The Department reserves the right to object to any linking that infringes its rights. The Department has not agreed to any conduct connected with a linked site which may be unlawful or an infringement of rights.

5. INTELLECTUAL PROPERTY
Queensland Government materials, including source code, pages, documents and online graphics, audio and video are protected by copyright law. Copyright in Queensland Government materials resides with the State of Queensland (State of Queensland © 2000-2001). All rights reserved. SmartSite also contains third party materials which are protected by copyright.

Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of SmartSite may be reproduced or reused for any commercial purposes whatsoever without the written permission of the Department. SmartSite also contains registered and unregistered trademarks of the State of Queensland and third parties.

Enquires regarding the reproduction of Queensland Government material may be directed to the Crown Copyright Administrator via e-mail, crown.copyright@qld.gov.au.

Or in writing to:

Administrator (Crown Copyright and Other IP)
Department of Tourism, Regional Development and Industry
PO Box 15168
CITY EAST BRISBANE QLD 4002

Further information on Crown Copyright and Other Intellectual Property is available.

6. MEMBERSHIP OF MY SMARTSITE

6.1 Your Member Details
You warrant that all information provided by you in your membership registration or otherwise in connection with your use of My SmartSite is complete, current, accurate and is not misleading, and that you will not misrepresent your identity. You agree that the Department may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.

6.2 Password Protection
You will choose a member password as part of completing the member registration process. Your member password is your key to accessing the members-only web services of My SmartSite and your account. You must maintain the confidentiality of your password and you are fully responsible for all activities that occur through use of your password.

You must: (a) exit My SmartSite as soon as you have finished your session by clicking the "Logout" option in the top left-hand corner of your My SmartSite home page; and (b) immediately notify the Department of any suspected unauthorised use of your password.

You can change your password whenever you wish by using the "Change Password" option under "My Account" on your My SmartSite home page.

6.3 My SmartSite Community Forum Rules

 

6.3.1 Posting or Transmitting Messages
As a member of My SmartSite, you are welcome to post or transmit messages and other materials ("Messages") via bulletin boards, chat room areas, community groups or market information sections as and when provided by the Department (collectively "SmartSite Communities"). You agree that SmartSite Community communications are public and not private. In posting or transmitting Messages via SmartSite Communities, you agree to strictly limit yourself to discussions about the subject matter for which SmartSite Community is intended.

6.3.2 No Endorsement by the Department
The Department does not endorse and has no control over the content of Messages posted or transmitted via SmartSite Communities. You understand that all Messages posted or transmitted to SmartSite Communities are the sole responsibility of the person from whom such Messages originate. The State of Queensland accepts no responsibility whatsoever in connection with or arising from Messages submitted to SmartSite Communities.

6.3.3 License to the Department
You agree that the Department has ultimate discretion to prevent members from posting or transmitting Messages via SmartSite Communities and to edit, restrict or remove such Messages for any reason at any time and without liability. You agree that all Messages submitted by you become perpetually licensed without fee to the State of Queensland for it to use, copy, sublicence, adapt, transmit, distribute, assign, publicly perform, publish, display or delete as it sees fit.

6.3.4 Monitoring Messages
You acknowledge that Messages posted or submitted via SmartSite Communities are not necessarily screened by the Department prior to posting or transmission and do not necessarily reflect the policies of the Queensland Government. The State of Queensland makes no warranties, express or implied, as to the content of these Messages in SmartSite Communities including as to the timeliness, integrity, accuracy, reliability or quality of those Messages.

You agree that you must evaluate and bear all risks associated with the use or reliance upon any Messages. If at any time you object to any material within SmartSite Communities or any aspects of SmartSite Communities, your sole remedy is to cease using them.

If at any time the Department elects (at its sole discretion) to monitor SmartSite Communities, the Department nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the My SmartSite member posting or transmitting any Message.

6.3.5 Liability in Connection with SmartSite Communities
You agree to indemnify the State of Queensland from any loss, damage, claim, cost and expense (including legal costs on a full indemnity basis) suffered or incurred by the State of Queensland arising from a claim by a third party in connection with or arising from your use of SmartSite Communities.

6.3.6 Prohibited Contents of Messages
You agree that you will not post or transmit Messages via SmartSite Communities that:

  • are unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, constitute (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or are otherwise objectionable;

  • infringe any copyright, trademark, patent, design, confidentiality or other intellectual property rights of any other person;

  • impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;

  • are for purposes of spamming or obstructing the normal operation of SmartSite or another user of SmartSite's computer facilities;

  • contain any virus or other harmful component;

  • are an invasion of privacy or any other third party rights;

  • are otherwise, within the Department's reasonable opinion, not within the spirit of SmartSite Communities.

6.3.7 Access by Queensland Enterprises Only
Some of the information and services available through SmartSite Communities are intended for use only by representatives of organisations that:

  • are based in or have offices in Queensland; and
  • are Queensland Government Departments.

You warrant that where a SmartSite Community is listed as restricted to an organisation of the type described above, you will only access SmartSite and SmartSite Communities whilst representing an organisation of the type described above and that if you access SmartSite and SmartSite Communities from outside Queensland, you warrant that you are not contravening any laws in force in the jurisdiction applicable to where you access SmartSite and SmartSite Communities.

Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 (Cth), no part of this site may be reproduced or re-used by you for any commercial purposes whatsoever, other than in connection with internal use for developing your organisation's business activities, without the written permission of the Department.

6.4 Fees
There are currently no fees for registering as a member of My SmartSite or using any part of SmartSite. The Department reserves the right to introduce new fees from time to time. You will be notified of any new fees and charges at least 30 days before they are introduced and you will be given the option as to whether you wish to remain registered as a member of My SmartSite.

7. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
To the extent permitted by law, all implied terms (including conditions and warranties) are excluded. The State of Queensland's liability (including liability in negligence) for all expenses, losses, damages and costs you might incur in any way arising out of any breach or implied condition or warranty or otherwise in connection with your use of SmartSite will be limited, so far as permitted by law, to the Department at its own option either supplying the relevant part of SmartSite again or paying the cost of having the part of SmartSite supplied again.

8. INDEMNIFICATION
You agree to indemnify the State of Queensland from any loss, expense, damage or claim (including legal costs on a full indemnity basis) arising out of your breach of these Terms and Conditions.

9. APPLICABLE LAWS
Use of SmartSite and these Terms and Conditions are governed by the laws of the State of Queensland, Australia. Any claim relating to use of SmartSite shall be heard by Queensland Courts. If you choose to access this site from a location outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

10. VARIATION
The Department may revise these Terms and Conditions at any time by updating this page. You should visit this page from time to time and review the then current Terms and Conditions because they are biding on you. The Department may modify or discontinue any information or features that form part of SmartSite at any time, with or without notice to you, and without liability.

11. TERMINATION
The Department may in its sole discretion terminate these Terms and Conditions and/or your membership and use of My SmartSite (or any part) at any time with or without notice and for any reason including circumstances where the Department suspects that you have provided false or misleading registration information, interfered with other users or the administration of this site, or violated these Terms and Conditions. You have the right to cancel your membership at any time by contacting The SmartSite Help Desk. The provisions of clauses 1, 3-4 and 7-11 survive any termination of these Terms and Conditions or your membership.

12. NOTICES
Notices to you may be made via either e-mail or post to the address(es) contained in your membership registration or as otherwise updated by you. You agree that where the Department sends you an e-mail in connection with this site, the message is deemed received by you when the Department sends the message addressed to an e-mail address nominated in your membership registration or as otherwise updated by you using this site.

13. GENERAL PROVISIONS
If any of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions. If there is any inconsistency between these Terms and Conditions and any other documentation included in SmartSite, these Terms and Conditions prevail.

These Terms and Conditions, as they made be varied from time to time, constitute the entire agreement between the State of Queensland and you with respect to your membership and use of My SmartSite and SmartSite Communities. In these Terms and Conditions, a reference to the Department or the State of Queensland included their employees, officers, agents and contractors from time to time.