Use of the Department for Child Protection eCarleCarl system is governed
by the following terms and conditions, which when accepted, constitute an
agreement between you and the South Australian Government (including its
agents, employees and subcontractors). Use of this website indicates acceptance
of the following terms and conditions. If you do not agree to these terms and
conditions you should not use the Department for Child Protection eCarl system. Department for Child Protection may
amend the terms and conditions at any time.
You agree that you are solely responsible for the accuracy
and completeness of all the information and documentation you provide us while
using this website. You agree to grant the Department for Child Protection a licence to any information and documentation
provided by you when using this website. You also acknowledge that there will
be no royalty or other fee payable by Department for Child Protection to you or to any third party for this
right.
Links are provided from this website to external internet
websites operated by other government bodies, non-government organisations and
individuals. These external information sources are outside of our control. We
are not responsible for the contents of any external internet site or any link
contained in a linked site, or any changes or updates to such sites. We provide
these links to you only as a convenience, and any link does not imply
endorsement by us of the site. These linked sites will have their own terms and
conditions of use and you should familiarise yourself with them.
Notwithstanding our efforts to ensure that the Department for Child Protection eCarl system is secure, you acknowledge that all electronic and telephonic
data transfers are potentially susceptible to interception and manipulation by
others. The Department for Child Protection eCarl system utilises (Secure Sockets Layer/Transport Layer Security) SSL/TLS
to reduce the likelihood of this occurring, though it does not remove the
possibility completely. All due care is also taken to limit the likelihood and
impact of any system compromise. The Department for Child Protection may issue instructions from time to
time intended to ensure the security of the website and its information. You
agree to comply with these instructions.
You are responsible for the secure creation and storage of
your passwords required to access the Department for Child Protection eCarl system (if applicable).
We provide information on good password generation at initial login time as
guidance only.
You acknowledge that access to the website may not be
continuous, uninterrupted or secure at all times and that access may be subject
to factors or circumstances outside of our control. You acknowledge that the
website is not error free and electronic information provided by you or us may
be lost or corrupted. We do not warrant the accuracy, adequacy or completeness
of any material on this website.
Subject to any responsibilities implied by law that cannot
be excluded, we are not liable to you for any loss, damage, claims,
liabilities, expenses (including without limitation legal costs and settlement
costs) whatsoever arising out of or attributable to any content. This
also applies to other material or loss, corruption of documents or information
provided by us, any third party or by you using the website whether in
contract, tort (including negligence), statute or otherwise.
If the law implies any condition or warranty liability for breach of which
cannot be excluded, our liability is limited to the supply of the website
service to you again. Without limiting our rights referred to in the preceding
subclauses, we will not be liable for any failure to perform our obligations if
such failure arises from such circumstances reasonably beyond our control.
These circumstances include fire, flood, earthquake, elements of nature, acts
of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion
or revolution in Australia. It further includes any change of law which
makes compliance with the affected party's obligations under these terms and
conditions illegal, communication line failures, power failures, interruptions
or shortages, computer processing systems failure.
You agree to indemnify and to hold us harmless from any
claim or demand, made by any third party due to, or arising out of or in
connection with, your breach of these terms and conditions or your infringement
of any rights of a third party.
We may give any notice or other type of communication to
you:
(a) By electronic mail to the most recent email address that you have notified
to us.
(b) By making the notice available for access on the website.
(c) By ordinary prepaid mail to your last notified address given to us.
Any notice given by us is deemed given:
(a) At the time when an electronic mail is sent by us.
(b) On making the notice available for access on the website for display to
you.
(c) Two business days (i.e. any day that is not a Saturday or Sunday or a
public holiday in Adelaide, South Australia) after we post the notification to
you.
You acknowledge that all information contained in this
website is subject to change without notice.
You will comply with all laws that apply to you in relation to your use of the Department for Child Protection
eCarl system.
You acknowledge that these terms and conditions are governed by, and are to be
construed in accordance with, the laws of the State of South Australia. You
submit to the non-exclusive jurisdiction of the State of South Australia.
If any provision of these terms and conditions are held to be invalid or
unenforceable that provision:
May be read down to the extent necessary to make it valid and enforceable.
May be severed and the remaining provisions of the terms and conditions
enforced.
The headings in these terms and conditions are for reference purposes only and
in no way define, limit, construe or describe the scope or extent of any
provision of these terms and conditions. These terms and conditions comprise
the entire understanding and agreement between you and us with respect to its
subject matter.