THE TASMAP eShop
TERMS AND CONDITIONS
You must first click on the "I Accept" button to indicate that You have read and agree with the terms and conditions ("Terms and Conditions") of this Agreement before being able to complete a purchase.
Product is made available to purchase and is purchased subject to the Terms and Conditions and in consideration of Your agreement to the Terms and Conditions.
1. Whole Agreement
This Agreement constitutes the whole agreement between the Crown in Right of Tasmania, represented by the Department ("Vendor"), and You with respect to Product purchased and supersedes any prior negotiations, agreement or understanding.
2. Your Account
a. If You use this Site and have a log in and password:
i. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer; and
ii. You agree to accept responsibility for all activities that occur under Your account or password.
b. You agree the Vendor may refuse service, terminate accounts, remove or edit content, or cancel any Order at the Vendor’s sole discretion.
3. Availability of Products
The Vendor is only required to provide Product which it has in stock and makes no assurance that it will have sufficient stock of Product to satisfy an Order.
4. Terms of Trade
If credit arrangements have been established between You and the Vendor, payment for Product supplied to You by the Vendor must be made within 30 days of the date of the invoice for Product that is issued by the Vendor.
5. Discount Rates
If You are an eligible and approved Commercial Client discounts may be applied to each Order for Product/s having a RRP of $100 or more.
Discounts do not apply for digital, print on demand or bundled products or any other products identified accordingly on this Site.
6. Postage and Handling Fee
A postage and handling fee, with a minimum postage and handling fee of $5.50, will be applied to each hardcopy paper map order, entirely at the Vendor’s discretion, to cover the Vendor’s postage and handling costs. There are no postage and handling fees for digital products.
7. Product Description and disclaimer of Warranties concerning Product and the Site
The Site
a. You agree that this Site is provided by the Vendor on an ‘as is’ and ‘as available’ basis only.
b. You agree that the Vendor makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or Product included on, or available from, this Site.
c. The Vendor does not warrant that this Site, its servers, or email sent from the Vendor are free of viruses or harmful components.
d. You agree that Your use of this Site is at Your sole risk and to the full extent permitted by law, the Vendor excludes all warranties, express or implied, including, but not limed to, implied warranties of merchantability and fitness for purpose of the Site.
The Product
a. By receiving the Product You are granted a non-exclusive, non-transferable licence to use the Product and indicate Your acceptance of the following Conditions of Use.
b. The Vendor attempts to be as accurate as possible when describing Product and any relevant specifications. However, the Vendor does not warrant that Product, any specifications or any other content of this Site is accurate, complete, reliable, current or error free.
c. The Vendor does not warrant the accuracy, completeness, currency or suitability of any Product for any purpose.
d. You agree that Product has not been prepared to meet Your individual requirements and it is therefore Your responsibility to ensure that Product meets any such requirements.
e. You agree that, to the full extent permitted by law, the Vendor excludes all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for purpose, in respect of all Product. In respect of any warranties that cannot be excluded by law, liability is limited, at the Vendor’s option, to replacement of Product or refund of the RRP paid by You to the Vendor.
f. All Product supplied is subject to Crown Copyright provisions as defined by the Copyright Act 1968.
g. You agree that the Product is to be used for Your own personal use or to support the execution of Your organisation’s usual internal business activities.
h. The Product may only be used on up to 3 single user electronic devices or a server with up to 3 interfaces to the Product to carry out the functions described at Item g, unless prior written approval is provided by the Manager, Client Services, Land Tasmania. This may be in the form of a separate Data Licence, entirely at the Vendor’s discretion.
i. The Product, in part, in full or in any way or form, shall not:
i. be presented on an internet site;
ii. be on-sold, traded or given away;
iii. used to prepare a product for commercial gain;
iv. be used in any way not described or contemplated in this Agreement;
unless prior written approval is provided from the Manager, Client Services, Land Tasmania. This may be in the form of a separate Data Licence, entirely at the Vendor’s discretion. The Manager Client Services Land Tasmania can be contacted via tasmap@dpipwe.tas.gov.au.
j. The Product received under this Agreement shall not be distributed outside Your organisation, except for where a third party assisting or contracted by You requires the Product to perform tasks on Your behalf. However a third party cannot use the Product for any other purpose.
k. You must ensure Your employees, agents and sub-contractors are aware of and comply with the Conditions of Use of the Product.
l. You may modify the Product and/or combine the Product with Your Product, however this will not:
i. derogate from the ownership of the Product; or
ii. operate as an assignment of the copyright in the Product; or
iii. negate the Conditions of Use applicable to the Product.
m. Any product or service derived from the Product whether for commercial or non-commercial gains, internally or externally of Your organisation must be accompanied by the relevant acknowledgment statement(s). The statements must be in a form visible to the human eye.
Acknowledgment Statement:
Base image by TASMAP (www.tasmap.tas.gov.au), © State of Tasmania
n. The Vendor is under no obligation to provide training or assistance in the use of the Product or associated hardware/software to utilise the Product.
o. Failure to accept or adhere to any of the above Conditions of Use, terminates any granted permission of use of the Product. Consequently all use of the Product must cease and the Product returned to the Department. The Product and any related material and all copies thereof shall be erased from Your storage media. This requirement applies to all copies of the Product in any form, partial or complete and whether or not modified or merged into other materials.
8. Waiver of Rights of Recovery from the Vendor
You waive all rights to recover damages from the Vendor for any liability to You for all loss, damage or injury which may be suffered by You, including but not limited to damage attributable to a wrongful, including negligent, act or omission of the Vendor or damage to any of Your property or finances, arising from either or both Your use of:
a. Product; or
b. this Site.
9. Applicable Law
The Agreement is governed by the law of the State of Tasmania, Australia and the parties submit to the jurisdiction of courts of Tasmania.
10. GST
a. Subject to any other provision of the Agreement expressing a
contrary intention, if GST is imposed on a supply made under it, then the party
paying for the supply must pay the amount of the GST to the party making the
supply, at the same time as, and in addition to, the amount payable for the
supply.
b. A party making a taxable supply under the Agreement must
give the recipient a tax invoice for the taxable supply when that supply is
made.
c. In this clause "GST" refers to goods and services
tax under A New Tax System (Goods and Services) Act 1999 (Cwlth)
("GST Act") and the terms used have the meanings as defined in the
GST Act.
11 Waiver
Failure or neglect by either party to enforce at any time any of the provisions of the Agreement will not be construed or deemed to be a waiver of that party’s rights under the Agreement.
12. Confidentiality
a. Despite any confidentiality or intellectual property right
subsisting in this Agreement or a schedule, appendix, annexure or attachment to
it, either party may publish all or any part of it without reference to the
other.
b. Nothing in this clause derogates from a party’s obligations
under the Personal Information Protection Act 2004 (Tas) or the Privacy
Act 1988 (Cwlth).
13. Definitions
In this Agreement, unless the contrary intention appears:
"Agreement" means this Agreement and any schedule to it;
"Commercial Client" means an organisation that has been approved to on sell TASMAP Products;
"Department" means the Department of Primary Industries, Parks, Water and Environment;
"Order" means an order to purchase Product lodged by You in accordance with the Terms and Conditions;
"Product" means a TASMAP hardcopy or digital Product;
"RRP" means the recommended retail price set by the Department for the relevant Product;
"Site" means the TASMAP eShop and at the Department’s TASMAP website;
"TASMAP Product" means a hardcopy or digital map or map related product available for purchase under the Department’s TASMAP brand;
"Terms and Conditions" means the terms and conditions of this Agreement;
"You" or "Your" refers to the legal person purchasing Product from the Vendor;
"Vendor" includes employees, authorised sub-contractors and agents of the Vendor.