1. Binding agreement
2.1 To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms are hereby excluded.
2.2 While care has been taken in preparing the information made available by using the Tool, that information:
a) is indicative only and based on current forecasts, modelling and assumptions. Changes to flight paths or aircraft forecasts will change noise contours, and the actual aircraft noise over specific addresses may be different to that shown in the Tool. Actual flight paths would be determined closer to the start of operations at the proposed Western Sydney Airport;
b) is based on information available in the draft Environmental Impact Statement for Western Sydney Airport which is subject to change and is not yet approved; and
c) should not be relied upon for personal, medical, legal or financial decisions.
2.2 We are not liable for any loss or damage, howsoever caused (including but not limited to negligence), which you may directly or indirectly suffer in connection with your use of the Tool, the Content or any Linked Site or facility, including through use of a third party intellectual property (including but not limited to copyright material). Nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, the Content accessed or communicated via the Tool.
2.3 We are not liable for any loss or damage resulting from any action you take, or any reliance by you, on any Content communicated using the Tool, by us or any other person. You should make your own inquiries and seek independent advice before acting or relying on any Content you access using the Tool.
2.4 We do not accept liability for any losses arising directly or indirectly from a failure to access the Tool, or any Linked Site or facility, any corruption or loss of data, errors or interruptions arising in relation to use of the Tool or any suspension or discontinuance of the Tool by us.
2.5 We are not liable for viruses, malicious computer code or other forms of interference that may damage your equipment. You must take your own precautions to ensure that the process you employ to access this Site does not expose you to such risks.
3. Use of the Tool
3.1 By using the Tool, you acknowledge and agree that:
a) you have read, understood and agree to be bound by these Terms (as amended from time to time), and also the Privacy statement and any other notices on this Site, all of which are hereby incorporated into these Terms
b) any material, content, information, data and any work or other subject matter protected by copyright that is communicated by use of the Tool (the Content) is communicated in good faith as general information only, and is not in the nature of advice. We derive the Content from sources we believe to be accurate and current as at the date of publication, but we reserve the right to correct or update Content at any time
c) your access to and use of the Tool and the Content is on an 'as is, as available', basis
d) you will indemnify us against any loss or damage we may suffer, howsoever caused (including through negligence), as a result of, or in connection with, the use or misuse of the Tool or the Content by you.
4. Copyright - Creative Commons licence
4.1 With the exception of (a) the Coat of Arms; (b) the Department of Infrastructure and Regional Development's photos and graphics; and (c) any third party material, and where otherwise stated, copyright in the Content is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia Licence.
4.2 Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia Licence is a standard form licence agreement that allows you to copy and redistribute the Content in its entirety for non-commercial purposes provided that you also attribute the Content to the Commonwealth and abide by the other licence terms. This licence does not allow you to edit, modify or adapt the Content.
4.3 A summary of the licence terms is available from https://creativecommons.org/licenses/by-nc-nd/3.0/au/.
4.4 The full licence terms are available from https://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode .
4.5 Nothing in these licence terms is intended to reduce, limit or restrict any uses free from copyright or rights arising from limitations or exceptions under copyright law.
4.6 The Content communicated using the Tool should be attributed in the following way: © Commonwealth of Australia 2015.
4.7 For enquiries regarding the licence terms and any use of the Tool or the Content, please contact:
- Director, Internal Communications and Publishing
Communications Branch, Department of Infrastructure and Regional Development
GPO Box 594, Canberra ACT 2601, Australia
- Email: firstname.lastname@example.org
5. Monitoring and Security of information
6. Linked websites
6.1 The Tool may contain links to other websites (Linked Sites). Those links are provided for convenience only and may not remain current or active. We are not responsible for the Content or privacy practices of Linked Sites.
7. Amendments to terms and conditions
7.1 We reserve the right to change these Terms from time to time as we see fit and your continued use of the Tool or the Content will signify your acceptance of any adjustment to these Terms. If there are any changes to our Privacy statement, such changes will be posted on our website and you agree to be bound by those changes immediately from their posting on our website.
8.1 If we waive or fail to enforce any rights available to us under these Terms on any particular occasion, this does not mean that those rights will automatically be waived or not enforced on any other occasion.
8.2 If any of these Terms (or a part of any of these Terms) is held to be invalid, unenforceable or illegal for any reason, it shall be severed from these Terms and the remaining Terms (or a part of any of these Terms) shall continue in full force.
9. Governing law and jurisdiction
9.1 These Terms are governed by the laws in force in the Australian Capital Territory. You agree to submit to the non-exclusive jurisdiction of the courts of the ACT.