Terms of use
This website (referred to in these Terms of use as the website) is owned and operated by NSW Trustee and Guardian, who is referred to in these Terms of use as “we”, “us”, “our” and similar grammatical forms.
The website is available for you to:
- access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the website you are agreeing to these Terms of use.
- upload material or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide upload material or information about you, you are agreeing to the Terms of use related to uploading material or information to our website.
Use of material on the website
General
(a) As a User of this website, you must not:
- reproduce the website material in any material form;
- distribute the website material in any material form;
- re-transmit any website material by any medium of communication;
- upload or repost any website material to any other site on the Internet;
- impersonate or falsely claim to represent a person or organisation,
- bypass (or attempt to bypass) any security mechanisms imposed on the website; or
- “frame” any material on the website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of use.
(b) Despite the above restrictions on use of the material on the website, you may download material from the website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
(c) You may not modify or copy:
- the layout of the website; or
- any computer software or code contained in the website.
(d) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the website is provided for personal use only and may not be:
- re-sold or re-distributed in any material form;
- stored in any storage media; or
- re-transmitted in any media, without our prior written consent.
Links to other websites
(a) This website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
(b) In relation to the other sites on the Internet, which are linked to the website, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
- is not responsible for the material contained on those linked sites.
Disclaimer
(a) No website or data transmission using the internet can be totally secure. We agree to maintain reasonable security measures.
(b) We do not warrant, guarantee or make any representation that:
- the website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
- errors and defects in the website will be corrected.
(c) You must take your own precautions to ensure that the processes you employ to access this website do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
(d) We are not liable to you for:
- errors or omissions in the website, or linked sites on the Internet;
- delays to, interruptions of or cessation of the services provided in the website, or linked sites; and
- defamatory, offensive or illegal conduct of any user of the website, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(e) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.
Information on website general in nature
Information on this website is provided as general information only and is not intended as a substitute for advice from a qualified professional.
Users of this website should use their own skill and judgment in using information on this website and carefully evaluate the accuracy, currency, completeness and relevance of such information. Users should take steps to independently verify the information on this website and, where appropriate, seek professional advice.
If there is any material that you consider to be misleading or inaccurate, please let us know so that it may be corrected if necessary.
We do not check information uploaded by Users to the website constantly. In the event that you wish to submit an urgent enquiry or request for service, you must contact us by telephone on 1300 10 20 30 or seek alternative external advice from another provider.
We do not warrant, guarantee or make any representation that urgent information or enquiries submitted by you to the website will be responded to within a specified timeframe and you agree that we are not liable for any outcomes or damages caused as a result of us not replying to your website enquiry within a specified timeframe.
Limitation of liability
Clause General - Disclaimer may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(a) if the breach of an implied warranty or condition relates to services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Use of personal information gathered
(a) We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the website, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our website.
(b) We may authorise others to offer you goods and services using the information acquired.
(c) We may use your personal information to offer you other goods, services, marketing material or surveys. You are able to opt out of this at any time by contacting Us on info@tag.nsw.gov.au
(d) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy for details of how we collect, store and use your personal information.
Termination of access
(a) If you fail to abide by or otherwise breach the Terms in any way, we may immediately without notice or liability to you suspend, limit or terminate your use of the website.
(b) If we suspend, limit or terminate your use of the Information, you must not attempt to access or use the Information in any way whatsoever.
(c) Upon termination of your access and / or use of the Information, you must:
- discontinue any and all use of the Information;
- not in any way whatsoever attempt to access or use the Information; and
- confirm in writing that you have deleted or destroyed the Information held by you or in your documentation or files.
Alteration of Terms of use
We may from time to time review and update these Terms of use.
We reserve the right to change these Terms of use:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
By using this website, you agree to be bound by the most recent Terms of use.
Intellectual property rights
The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of Us and /or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by NSW Trustee and Guardian and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
Relevant jurisdiction
(a) If any part of these Terms of use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of use and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms of use will be governed by and interpreted in accordance with the law of New South Wales of Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of New South Wales of Australia to determine any dispute arising out of these Terms of use.
Uploading your material or information to our website
Uploading information
You represent and warrant in relation to any material or information you provide to the website that:
(a) you are authorised to provide the material or information;
(b) the material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
(d) the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the website or any law in any country where the material or information is or will be available electronically to users of this website.
Prohibitions
You must not:
(a) attempt to interfere, disrupt or violate the rights or privacy of other Users;
(b) attempt to lodge or upload documents and/or materials onto the website where such documents and/or materials:
- have no connection with the purpose for which the Application was designed;
- contain viruses, files or programs designed to interrupt, interfere, limit or destroy the functionality of other computer software or hardware; and/or
(c) use the website for any illegal or unlawful purpose.
Removal of information
In relation to any material or information included on the website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.
Limit of liability
We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(a) in relation to or in connection with any material or information supplied in respect of this website; and
(b) as a consequence of removing any material or information from this website.
Indemnity
You will at all times indemnify and keep indemnified Us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including legal costs on a full indemnity basis and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms of Use by you;
(b) your use of this website;
(c) your use of third party websites linked to this website; and
(d) publication of or distribution of the material or information supplied by you.
NSW Trustee and Guardian:
(e) does not warrant or accept any liability in relation to the quality, operability or accuracy of the information accessed on and through this website;
(f) does not accept any legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked website;
(g) does not accept any responsibility or liability for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the materials which appear on or are accessed through this website and whether caused by reason of any error, omission or misrepresentation in the material or otherwise;
(h) does not warrant that the material accessed on or through this website is free of computer viruses or other contamination; and
(i) does not warrant that any third party material on external linked websites does not infringe third party intellectual property rights.
Use of personal information gathered
(a) We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the website, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our website.
(b) We may authorise others to offer you goods and services using the information acquired.
(c) We will comply with applicable Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy for details of how we collect, store and use your personal information.
Intellectual property rights
All logos, icons, brand names or service names that identify the owner and operator of this website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
Relevant jurisdiction
(a) If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) These Terms of Use will be governed by and interpreted in accordance with the law of the New South Wales of Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the exclusive jurisdiction of the courts of the New South Wales of Australia to determine any dispute arising out of these Terms of Use.
Other
Privacy policy
View our privacy policy that sets out how we will use your information. By using this website, you warrant that all data provided by you is accurate. You agree that, by using the website or communicating with Us, you have read the Privacy Policy, understood its contents and consented to its requirements.
No adverse construction
These Terms are not to be construed to the disadvantage of a Party because that Party was responsible for its preparation.
Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
No Waiver
The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement:
(a) will not constitute a waiver of such provisions or rights and does not affect the enforcement of this agreement; and
(b) will not operate as an estoppel against the party who seeks to rely on the relevant provisions or rights at a later time.
Entire understanding
These Terms contain the entire understanding between the Parties concerning the subject matter of these Terms and supersedes all prior communications between the Parties.