Terms and Conditions

 

Formation and Acceptance

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.

Using the Department for Child Protection eCarl system

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

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.

Security

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. 

Warranty

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.

Liability

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.

Indemnity

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.

Notices

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.

General

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.