Development Victoria Website Terms and Conditions (Terms)
1. Your acceptance
a. This website (Website) is owned and operated by Development Victoria (Development Victoria) and is hosted on a server in the State of Victoria. These are the terms on which Development Victoria permits users to access and use the Website, including services and functionality made available through it, and information, graphics, images, comment, text, or other material on it (Content).
b. You agree to be bound by these Terms by using, browsing or accessing the Website or any Content.
c. Development Victoria may from time to time review and update these Terms, including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
a. Development Victoria may, but is not obliged to, monitor, block, modify or remove any Content without notice, and will not be liable in any way for doing so. The Content is subject to change at any time without notice and may contain errors.
b. The Content is for general information purposes only, and your use of, or reliance on, it is at your sole risk. Development Victoria does not warrant or make any representations as to any Content or any third party products or services described or referred to on the Website. While care has been taken in preparing the Content, neither Development Victoria nor any of its employees, directors, officers, agents, suppliers or contractors will be liable for any loss or damage, resulting from use of or reliance on the Content, or for its accuracy, currency and completeness.
d. Any complaint regarding Content must be in writing to Development Victoria, whose sole obligation will be to review the complaint and, if it sees fit, in its sole discretion, modify or remove the particular Content.
a. The Website may contain links to other websites. Development Victoria provides those links for your convenience only, as a ready reference for searching related content on the internet. Development Victoria does not endorse (and is not responsible or liable for) those websites, their operators, functionality, content or the goods and services that they describe or make available.
c. You are not permitted to frame the Website without Development Victoria’s prior written permission.
4. Access and communication
a. Subject to any applicable law which cannot be excluded (including under the Australian Consumer Law), Development Victoria does not warrant that you will have continuous access to the Website. Development Victoria will not be liable if the Website is unavailable due to computer downtime. Development Victoria may at any time modify, discontinue, temporarily suspend or permanently remove this Website, any/all of the Content, or your access to this Website, with or without notice, for any reason (including, but not limited to, security reasons or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms). We will not be liable to you or any third party for any such modification, suspension or discontinuance.
b. Development Victoria does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Development Victoria does not guarantee the security or confidentiality of these communications or the security of the Website.
c. Development Victoria does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility or liability for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
6. Intellectual property
a. All intellectual property rights, including copyright and patents, in the Website and its Content, Development Victoria's goods and services, and all components of them are owned or licensed by Development Victoria unless otherwise indicated. You must not copy, modify or transmit any part of the Website except as permitted in clause 6(b) below.
b. Subject to the restrictions specified in clause 8, you may save, print and reproduce pages from the Website (but not excerpts from pages) solely for your personal information, research or study, but you must not modify those copies and you must include the Development Victoria copyright notice "© Development Victoria" on all copies.
c. The Website contains trademarks, logos, service names and trade names (Trade Indicia) of Development Victoria or third parties which may be registered or otherwise protected by law. These include the Development Victoria logo. You may not use any Trade Indicia appearing on the Website.
7. Website licence and use
Development Victoria grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Development Victoria will be treated as non-confidential and non-proprietary information.
8. Prohibited uses
In using the Website you must not:
a. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
b. impersonate or falsely claim to represent a person or organisation;
c. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy, confidentiality and publicity;
d. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
9. Disclaimer of warranties and limitation of liability
a. Development Victoria does not provide you with legal, financial or other advice through the Website or the Content. You should obtain independent legal and financial advice before acting or relying on any Content or functionality of the Website.
b. Development Victoria utilises up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. However, Development Victoria does not guarantee or warrant that the Content, this Website, the servers on which it operates, or any third party website will be free from viruses, worms, “Trojan horses,” or other destructive materials. Development Victoria is not responsible or liable for any damages or harm caused by such features and neither it nor any of its partners or third party suppliers warrant that this Website, any third party website or any function of either of them will be uninterrupted, secure or error-free, or that defects will be corrected. Any downloading by you of any product, service or Content through use of this Website or any third party website is undertaken at your sole risk and you will be solely responsible for (and should take your own precautions against) any resulting damage to your computer system or loss of data.
c. To the fullest extent permitted by law and subject to any applicable law that cannot be excluded:
- Development Victoria will not be liable for any direct, indirect, incidental, consequential or special damages (including, but not limited to, any lost profit or anticipated savings) arising out of or in connection with the Website, Content, conduct of any user, links to/from the Website and goods and services advertised or accessible through the Website (together, “Claim Subject Matter”);
- Development Victoria excludes all warranties, whether express, statutory or implied, relating to the Claim Subject Matter, including any warranties or representations concerning availability, quality, completeness, accuracy, suitability, acceptability or fitness for purpose; and
- to the extent any of the foregoing is unenforceable or inapplicable, Development Victoria's liability in respect of the Claim Subject Matter is limited to either (i) resupplying the relevant Content, product, service or functionality or (ii) the reasonable cost of such resupply, whichever Development Victoria sees fit to provide.
You will fully indemnify Development Victoria in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings in each case of any kind and howsoever arising, in connection with any breach of these Terms by you, unauthorised use of the Website or Content by (or allowed by) you, or your communications with Development Victoria (including any uploading by you of Content).
11. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable and no severance of a provision will affect any other provision.
13. Contacting us
Last updated: February 2020
Updated on 23 July 2020