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Online Fire Planner Terms & Conditions

Date of last revision: [26] October 2023

Welcome to [https://fireplanner.vic.gov.au] (the Site). The Department of Justice and Community Safety (DJCS) (‘we’, ‘us’ or ‘our’) owns and operates the Site, and offers a free online fire planner tool (Fire Planner Tool) which assists users to generate a fire plan (Fire Plan) on the Site.

The use of the Site and the Fire Planner Tool is subject to the following Terms & Conditions, our Privacy Policy and any additional terms and conditions and notices displayed by us on our website from time to time (together "Terms of Use"). In the Terms of Use, "you" means the person accessing or using the Site or the Fire Planner Tool.

Please read the following terms carefully before accessing the Site or using the Fire Planner Tool.

1. Acceptance

  1. By accessing or using the Site and/or the Fire Planner Tool you acknowledge that you have read, understood and agree to these Terms of Use and any additional terms and conditions notified to you from time to time. These Terms of Use form a legally binding agreement between DJCS and you. If you do not agree to these Terms of Use, you must not use the Site or the Fire Planner Tool.

2. Prohibited activities

  1. 2.1 You must not use the Site or the Fire Planner Tool in a way that might affect or stop the Site or the Fire Planner Tool from working.

  2. 2.2 When using the Site and the Fire Planner Tool, you must not:

    1. 2.2.1 breach any intellectual property right (including copyright, database right or trade mark right) of any person;

    2. 2.2.2 use the Site or the Fire Planner Tool for any illegal or harmful purpose; and

    3. 2.2.3 submit, post, upload, email or otherwise send or transmit anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Site or the Fire Planner Tool.

  3. 2.3 We may block or restrict access to the Site and the Fire Planner Tool at any time, in our absolute discretion.

3. Security

  1. 3.1 We use our reasonable endeavors to minimise viruses and bugs from infiltrating the Site or the Fire Planner Tool. Due to the nature of the internet, the Site and the Fire Planner Tool may be affected by viruses or bugs from time to time.

    3.2 You must take your own steps to ensure that the process which you use to access the Site and the Fire Planner Tool protects your device from the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

  2. 3.3 We do not accept responsibility for any interference or damage to your own device or computer system which arises in connection with your use of the Site or the Fire Planner Tool.

4. Intellectual Property

  1. 4.1 The entire contents and design found in, or arising out of the Site and the Fire Planner Tool and available in connection with the Site and the Fire Planner Tool, including copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Fire Planner Tool Content) are the intellectual property of us, our content providers or our licensors.

  2. 4.2 Unless you have our express written permission, you must not do anything, or omit to do anything, which may infringe our intellectual property rights. This includes reproducing any part of the Fire Planner Tool Content.

  3. 4.3 Subject to clause 4.4, no Fire Planner Tool Content may be modified, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site and the Fire Planning Tool.

  4. 4.4 We consent to you downloading and displaying your personalised Fire Plan, for your own personal use.

5. Links to other websites

  1. 5.1 The Site and the Fire Planner Tool may contain links to third party sites. Access to any other internet site linked to the Site is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use. You should review the terms and conditions and privacy policy of every internet website you access or use.

  2. 5.2 Links on the Site and the Fire Planner Tool to third-party websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics (including trade marks), materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

  3. 5.3 Information procured from a third party may be the subject of copyright owned by that third party. We hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party sites.

6. Limitation of liability and disclaimer

  1. 6.1 You are responsible for your use of the Fire Planner Tool and Fire Plan and you use the Fire Planner Tool and Fire Plan at your own risk.

  2. 6.2 You acknowledge that the information contained in the Fire Planner Tool and any Fire Plan comprises general statements and that such information may be incomplete or unable to be used in all circumstances. We make no representation or warranty as to the accuracy, completeness, or reliability of information contained in the Fire Planner Tool or a Fire Plan. The information contained in the Fire Planner Tool or a Fire Plan is only current at the date of publication.

  3. 6.3 We are not responsible for, and accept no liability in relation to, your use of the Fire Planner Tool or the Fire Plan, or your conduct in connection with your use of the Fire Planner Tool and the Fire Plan. To the extent permitted by law, we exclude all liability and responsibility for any consequences, including but not limited to all losses, damages, costs, expenses and any other compensation, arising directly or indirectly from your use of the Fire Planner Tool or a Fire Plan (in part or in whole) and any information, material, omission, error or inaccuracy contained in it.

  4. 6.4 As far as is allowed by law, we exclude all implied representations and warranties, terms and conditions of any kind which might apply in relation to your use of the Fire Planner Tool and Fire Plan, including any implied representations, warranties, terms or conditions that the Fire Planner Tool will always be available, is of satisfactory quality or can be used for the purpose you are wanting to use it for.

  5. 6.5 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Fire Planner Tool and Fire Plan, including any breach by you of these Terms of Use.

  6. 6.6 In no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, or use of money, or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise which is suffered directly or indirectly in connection with your use of the Fire Planner Tool and Fire Plan.

7. Extraordinary events or circumstances

  1. We will not be in breach of these Terms of Use or liable to you where the Site or the Fire Planner Tool is unavailable or where any delay or other failure by us to comply with these Terms of Use is caused by an event or circumstances beyond our control.

8. Privacy Collection Statement

  1. 8.1 When accessing the Site and the Fire Planner Tool, you consent to DJCS collecting your personal information (as that term is defined in the Privacy and Data Protection Act 2014(Vic)) (Personal Information) and health information (as that term is defined in the Health Records Act 2011 (Vic)) (Health Information). Personal information may include but is not limited to your name and email address. You confirm that the Personal Information and Health Information you provide to us is accurate.

  2. 8.2 By accessing the Site and using the Fire Planner Tool you agree that we may also indirectly collect information from you automatically, including information about your IP address. You acknowledge and agree that this information may be collected in order to provide you with access to the Site and the Fire Planner Tool.

  3. 8.3 If you do not provide your Personal Information to us, we may not be able to provide you with access to the Site and the Fire Planner Tool.

  4. 8.4 By accessing the Site and using the Fire Planner Tool, you consent to DJCS disclosing your Personal Information, Health Information and anonymised user data as required by, or authorised to do so by law.

  5. 8.5 The collection, use, disclosure and handling of your Personal Information and Health Information is governed by our Privacy Policy. Our Privacy Policy sets out how you can access your Personal Information and Health Information held by DJCS, the process for DJCS to correct errors with your Personal Information or Health Information, or how complaints for potential breaches of the Information Privacy Principles under the Privacy and Data Protection Act 2014 (Vic) are managed.

9. Applicable law

  1. The content, operation and interpretation of the Site, the Fire Planner Tool and the Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non- exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, the Site or the Fire Planner Tool.

10. Changes to Terms of Use

  1. 10.1 We may amend these Terms of Use from time to time. Amendments will be published on the Site and will apply on and from the date of publication, or as specified by us.

  2. 10.2 If you continue to use the Site and the Fire Planner Tool after any changes are made to the Terms of Use this will be considered acceptance of those changes. If you object to any changes, please stop using the Site and the Fire Planner Tool. You are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use.

11. Contacting us

If you have any questions about our Terms of Use, please contact the Department of Justice and Community Safety via our website: https://www.justice.vic.gov.au/feedback