Terms and Conditions

TERMS OF USE

These Terms of Use (Terms) apply to individuals and organisations who access and use the Everyday Safer website @ everydaysafer.wa.gov.au and any associated software and third party technologies used by the Everyday Safer website (collectively referred to as the ES Website).

ABOUT THESE TERMS OF USE

These Terms set out the rules that apply to your use of the ES Website – for example:

using the ES Website properly – not harming others or harming the system;
following the law and other terms that apply when using the ES Website;
giving the right information; and
the limitations of the Website.

By accessing or using the ES Website you are agreeing to these Terms. Any person using the ES Website for an organisation is agreeing to these Terms on behalf of that organisation – and represents and warrants that the person can (and is authorised) to do so.

If you don't agree to ALL these Terms, then do not access or use the ES Website.

Who these Terms apply to. These Terms apply to:

you – the individual (or organisation) who uses the Website; and
us - the State of Western Australia acting through the Road Safety Commission.

Changes to Terms. These Terms may only be varied by us. We may, at any time and at our absolute discretion, vary these Terms. If these Terms are changed, we will state this on the Website.

If you don't agree with the changes, then do not continue to use the Website. If you continue to use the Website, the changed terms will apply from the time they were changed. The changed terms will replace any previous Website Terms.

USING THE WEBSITE

Finding information and services.The Website is designed to help school leaders, parents, guardians and the broader school community to find what service or information we provide. For more information visit 'About the ES Website' everydaysafer.wa.gov.au/about.

Follow the law and these Terms. You are responsible for complying with these Terms and with all laws that apply to your use of the ES Website. If you are an organisation, you are also responsible for ensuring such compliance by anyone who uses the ES Website on your behalf.

GIVING THE RIGHT INFORMATION

You must be honest when using the ES Website. If you are not:

this wastes our resources; and
you may be denied access to the ES Website (temporarily or permanently).

Being honest includes:

providing the right information when using the ES Website;
not pretending to be another person;
not accessing the ES Website on behalf of someone else unless you have been properly authorised by them; and
not providing other wrong information.

Use the ES Website only for interacting with us. You must use the ES Website in accordance with these Terms solely for lawful purposes and to interact with us.

Don't use the ES Website for other things. You must not use the ES Website 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 the ES Website available to any third party, or otherwise commercially exploit;
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 the ES Website (or the technology it uses);
no framing: not (nor attempt to) frame or mirror any part of the ES Website or delete any attributions or legal or proprietary notices on the ES Website; and
no monitoring or copying: not monitor or copy the ES Website, not change, translate or otherwise create derivate works of the ES Website, not use any software (like bots, scraper tools etc) to access, monitor or copy the ES Website, and not use the ES Website or its contents to build or inform another product or service.

Using the ES Website in the right way. You must:

security measures: not attempt to bypass or undermine any security measures in respect of the ES Website or any technology it uses;
no automation: not access or use the ES Website using automated means (whether or not including the use of bots or artificial intelligence);
no harming the system: not use (or misuse) the ES Website in any way that may impair the functionality of the underlying systems or technology used by the ES Website, or impair the ability of any other user to access or use the ES Website;
no harming others: not use the ES Website in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable, defamatory, malicious or misleading, or encourages unlawful conduct;
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 the ES Website in accordance with these Terms; and
laws and policy: comply with applicable laws, and our usage policies that are in force when you access the ES Website.

PRIVACY AND ELECTRONIC COMMUNICATION

Privacy. By using the ES Website, you agree to the collection, use, storage and disclosure of your information, as set out in the ES Website Privacy Statement. You also agree that we can monitor and review the activities of ES Website users.

Electronic messages. You agree:

to receive notifications via electronic communication, including by email and electronic notifications on your mobile device; and
that any such notifications satisfy all legal requirements for written communication.

You are responsible for reading and (where applicable) responding in a timely manner to all notifications we issue to you.

Please contact info@rsc.wa.gov.au if:

you do not agree to receive such notifications electronically; or
you wish to specify who can receive electronic notifications on your behalf.

Images of people now deceased. We are aware that many Aboriginal people and Torres Strait Islanders are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people and Torres Strait Islanders still living are used on the ES Website, visitors to the ES Website are warned that it may contain images of people now deceased. Please let us know if you are aware of the death of any Aboriginal or Torres Strait Islander person depicted on the ES Website.

Freedom of Information. You acknowledge that information that you provide through the ES Website may be subject to an application for release under the Freedom of Information Act 1992 (WA) – and that we may release that information as required to comply with the law.

No liability. Subject to relevant laws and our policies, we will take all reasonable precautions to protect and safeguard information (including personal information and confidential information) from unauthorised access or disclosure or other misuse or loss. However, if any unauthorised access or disclosure or other misuse or loss to, or disclosure of, this information occurs (whether through the ES Website or otherwise), the we are not liable for any loss or damage, directly or indirectly, suffered by any person.

LIMITATIONS OF THE ES WEBSITE

No warranties. The ES Website is provided 'as is' and 'as available'. Except as required by law, we do not make any claims (and hereby disclaim any warranties) relating to:

quality, performance or fitness for any particular purpose of the ES Website;
accuracy, reliability, currency or quiet enjoyment of the ES Website;
non-infringement of third party rights (including intellectual property rights); or
anything else to do with the ES Website or any associated services.

Nothing that we say or write creates any warranties in respect of the ES Website. However, the law may have warranties for the ES Website that we cannot lawfully exclude or change – those warranties will apply to the ES Website as required by law.

If there are any service quality standards (also known as service levels) for the ES Website, these represent only a non-binding target that the we may work towards. They are not a representation, warranty or commitment in respect of the ES Website (including in respect of their quality or availability).

Errors and interpretations. We are not responsible for:

making sure the ES Website is error free;
ensuring any defects with the ES Website will be fixed; or
ensuring that you have continuous access to the ES Website.

Third party technologies. The ES Website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the ES Website, we are not responsible for the operation of those technologies and services, or for making sure they are error-free.

We may change or withdraw the ES Website. We may, at any time, and without notice or liability to you:

change the ES Website (including its content and how it works);
change how and when the ES Website is available; or
suspend or discontinue the ES Website (in whole or in part).

We can cancel your access to the ES Website. We may, at any time, and without notice or liability to you:

terminate, suspend, restrict or disable your access to or use of the ES Website;
change who can use the ES Website.

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 our internal operations.

If your access to the ES Website is terminated or suspended, you can still interact with us in other ways (for example, over the counter, by mail and email).

LIMITATIONS ON OUR LIABILITY TO YOU

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

Information and links. All information relating to, or presented on, the ES Website is of a general nature only. You will need to seek professional advice in relation to your particular circumstances, and make your own assessment of the accuracy and completeness of the information provided on the ES Website. In addition, we take no responsibility for:

your use of external sites that might be linked to (or through) the ES Website; or
any automated translation or other automated services you use in connection with your use of the ES Website.

We are not liable for loss. We and our service providers are not liable for personal injury, or for any loss or damages whatsoever (including incidental, special, indirect or consequential damages) including, without limitation:

loss or corruption of data or damage to any technology;
loss of profits or income, loss of opportunity;
interruption to your business or delay to any activity; or
any other loss or cost,

arising out of or related to your use of (or inability to use) the ES Website, or any unauthorised use of the ES Website, however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised us of the possibility of such loss or cost.

Our 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 we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, then (to the extent legally possible), we limit our liability under those provisions to:

supplying the ES Website or any relevant services again; or
the payment of the cost of having the ES Website or relevant services supplied again,

as we choose.

YOUR LIABILITY TO US

You are responsible for and indemnify us against any loss or damage to any person arising from any breach of these Terms, from the provision of any material using the ES Website, and from any wilful negligent or unlawful act or omission by you in relation to or in the course of your use of the ES Website. Your responsibility for actions or omissions will continue despite you ceasing to use the ES Website or having been denied access to the ES Website.

INTELLECTUAL PROPERTY RIGHTS

We (or our service providers) own all rights in the ES Website and the technology it uses. It is licensed (not sold) to you.

All other intellectual property rights in the ES Website are subject to the licence set out in these Terms. The licence is for you to use the ES Website for the sole purpose of accessing information about us and our services.

Subject to these Terms, you may copy, distribute, display, download or print the material on the ES Website for your own personal use, for non-commercial educational purposes or for non-commercial use within your organisation, provided you attribute the source of the information and reference any copyright or licence conditions.

You must not reproduce, communicate or otherwise use the material on the ES Website:

(a) which is owned by third parties without first obtaining their written permission;

(b) in any way which is misleading, deceptive, objectionable, demeaning, harmful, controversial, libellous or in breach of any applicable law.

We reserve all rights in and to the ES Website (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.

If you provide us any feedback about the ES Website, we may use and disclose your feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the ES Website).

APPLICABLE LAW, QUESTIONS, DISPUTES AND INTERPRETATION

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.

Questions or concerns. If you have any questions, concerns or suggestions about the ES Website, please email info@rsc.wa.gov.au or call us on 1300 999 772.

Disputes. Before filing a claim or complaint against us, you agree to attempt to resolve the dispute by first emailing info@rsc.wa.gov.au with a description of your claim. We will attempt to resolve the dispute within 60 days of receiving your email. If we are unable to resolve the dispute, you may commence formal action.

Interpretation. In these Terms:

us (also called we or our) means the State of Western Australia acting through the Road Safety Commission;
ES Website means the everydaysafer.wa.gov.au website and all associated software and content associated with, or accessible through, that website;
you means the individual who is using the ES Website and includes any person on whose behalf you are using the ES Website;
transaction includes making applications or referrals, and disclosing or obtaining information about a person;
notifications includes messages, requests, directions, notices, orders, approvals, invoices, receipts and other documents and information;
person includes organisations;
organisation includes firms, companies, partnerships, joint ventures, associations and other bodies corporate, and any of their successors or permitted assigns; and
including, for example 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.