Contaminated Sites Law and Policy
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The Law & Policy Terms and Conditions

References to CRC CARE in these terms and conditions means CRC CARE Pty Ltd
ABN 97 113 908 044.

The Law & Policy website at www.cslawpolicy.com (as directed from www.cslawpolicy.com.au and www.cslawpolicy.net.au), as may be updated, upgraded and modified from time to time (Website) is a unique web-based source of information about the law and policy surrounding contaminated sites for a series of jurisdictions within a number of countries.

The Website is owned by CRC CARE.

Please read the following terms and conditions of use carefully before using the Website. In using the Website, you agree to be bound by these terms and conditions as they appear from time to time.

The Website and these terms and conditions are subject to change at any time without notice. Amendments will be effective immediately. Such changes may include imposition of a licence fee at the sole discretion of CRC CARE (in this case CRC CARE may provide you with the opportunity to continue to use the Website if you enter into a licence agreement specified by CRC CARE and pay CRC CARE the specified licence fee).

Use of the Website

You acknowledge and agree that you will only access, view and download extracts of information from the Website solely for the purpose of conducting research.

Access to the Website

You are not permitted to access this Website unless you are 18 years of age or over.

You agree that you will only access the Website using the user name and password provided to you by CRC CARE.

You must not provide access or use of the Website to another person, without prior written permission from CRC CARE.

By using the Website you agree that any details that you supply in the course of using the Website are true and accurate.

CRC CARE reserves the right to refuse to provide you with access to the Website, at any time and at its sole discretion.

Personal information

By using the Website, you acknowledge and agree to be bound by CRC CARE’s Privacy Policy the terms of which are included in these terms and conditions.

The data and information that you enter into the Website, including but not limited to any personal information you submit for the purpose of registering as a user, may be used by CRC CARE to:

  • identify you as a user of the Website;
  • compile a database of Website users, including categorisation of those users;
  • monitor your use of the Website; and
  • contact you to discuss the Website.

Any personal information you submit will be stored and handled in accordance with CRC CARE’s Privacy Policy and the requirements of the Privacy Act 1988 (Cth).

Intellectual Property

Copyright and all other intellectual property in materials contained on the Website is owned or licensed by CRC CARE. No intellectual property or other right in or to the information and materials on the Website is transferred to users of the Website.

Except as permitted under the Copyright Act 1968 (Cth), or any other applicable law in your location, you may not adapt, reproduce, publish or distribute copies of materials found on the Website (including, but not limited to text, logos, graphics, sound or images) in any form (including by e-mail or other electronic means), without prior written permission from CRC CARE.

You may not frame any of the content of the Website or incorporate it into another website.

In the event that you suggest CRC CARE make any improvements, developments, variations or modifications to the Website, you agree that CRC CARE is not obliged to act on such a suggestion, but that if it chooses to do so all intellectual property rights in any of these improvements, developments, variations or modifications will vest in and are hereby presently assigned by you to CRC CARE without any further documentation being required to complete this assignment.

Obligations

By using this site you warrant and agree that:

  • the information that you provide is not fraudulent, false or defamatory and does not infringe the rights of any person;
  • you will only provide current, accurate and up-to-date information and will ensure that the information you provide is not misleading;
  • you will not impersonate any other person;
  • you will not reverse engineer, de-compile, translate, adapt vary or modify the Website;
  • you will not rely on the contents of the Website, and will make your own, independent assessment of the matters referred to;
  • you will take all reasonable measures to protect the security of the user name and password that CRC CARE has provided you to enable you to access this site, so that these details do not become known to any other person; and
  • you will only use the Website for the purposes specified by CRC CARE.

CRC CARE takes no responsibility whatsoever for the accuracy or truthfulness of information supplied by any third parties on the Website. By using the services you acknowledge that CRC CARE does not screen or take any steps to verify the information supplied by any third party. For the avoidance of doubt, you acknowledge that CRC CARE takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information supplied via the Website.

Disclaimer

CRC CARE is not liable for any loss resulting from any action taken or reliance made by you on any of the information or material posted on the Website.

The Website is not intended to be a complete or definitive statement or a comprehensive review of the law and policy on contaminated land in the jurisdictions and countries included.

If you use or otherwise rely on any of the information on the Website you are responsible for ensuring by independent verification its accuracy or completeness.

Limitation of Liability

CRC CARE, its agents, instrumentalities, officers or employees will not, under any circumstances (including negligence), be liable for, or accept responsibility for any compensatory, special, incidental, direct, indirect or consequential damages of any kind, liabilities, claims and expenses, however caused, (including but not limited to legal costs and defence or settlement costs), or any damages for loss of data, profit or income or any other losses whatsoever that result from the use of the Website, or reliance on, information contained on or accessed through the Website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits CRC CARE from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to supplying the relevant goods or services again or the payment of the costs of having the goods or services supplied again.

This disclaimer does not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

If CRC CARE suffers any loss or damage or incurs any costs in connection with any breach of these terms and conditions then you agree to indemnify CRC CARE for those losses, damages or costs.

Specific Warnings

You must ensure that your access to the Website is not illegal or prohibited by any law which may apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the avoidance of doubt, CRC CARE does not accept responsibility for any interference or damage to your computer systems which arises in connection with your use of the Website or any linked websites.

CRC CARE cannot and does not guarantee that access to the Website will be uninterrupted or error free. It will be necessary to perform scheduled and unscheduled maintenance on the Website from time to time, which may result in interruptions to your access. CRC CARE will not be responsible for any loss, damage, cost or expense arising from your ability or inability to use the Website for any reason.

CRC CARE will not be liable for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, and transmissions by other users in contravention of the user’s obligations as set out in these terms and conditions.

You must indemnify CRC CARE and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your user name and password, whether or not you have authorised that person to use your user name and password.

Links from the Website

For your convenience and information, the Website contains the URLs for other websites which may be relevant. These URLs are provided for convenience only and may not remain current or be maintained. CRC CARE makes no representation or warranty as to the accuracy, quality, fitness for purpose or any other aspect of the information on those sites. Any URLs provided for other sites should not be construed as an endorsement or recommendation of any information, goods or services contained on that website. You acknowledge that the websites at the URLs will contain terms and conditions regulating use of those websites (which may differ to these terms and conditions for the Website), and you agree to abide by those terms and conditions when using the URLs.

Data Collection and Privacy

CRC CARE respects your privacy. We undertake to comply with the terms and conditions of our privacy policy, a copy of which is incorporated in these terms and conditions. You agree to be bound by CRC CARE’s privacy policy.

Security of Information

Unfortunately, no data transmitted over the Internet can be guaranteed as totally secure. CRC CARE strives to protect information (such as your contact details), but CRC CARE does not warrant and cannot ensure the security of any information which you transmit. Accordingly, any information which you transmit is transmitted at your own risk.

Termination of Access

These terms and conditions and your access to the Website may be terminated by CRC CARE at any time without notice. All disclaimers, retractions and limitations of liability will survive termination.

Governing Law

These terms and conditions are governed by the law in force in South Australia, Australia. You agree to submit to the jurisdiction of the courts of South Australia, Australia, in relation to any dispute related to your use of the Website.

Privacy Policy

Privacy Policy for CRC CARE Pty Ltd ACN 113 908 044 (CRC CARE).

CRC CARE values the privacy of your personal information. Personal information is any information or opinion about you from which your identity can reasonably be ascertained. Our systems and procedures protect your privacy whenever we collect, store, use or disclose your personal information.

CRC CARE is bound by the Privacy Act 1988 (Cth), including the ten National Privacy Principles (NPPs) set out in that Act. The NPPs prescribe minimum standards for the way in which we deal with individuals’ personal information. This policy is intended as a general overview of our procedures for the handling of your personal information in accordance with the NPPs.

Collection of Personal Information

CRC CARE may collect personal information from you in the course of carrying out its functions as a research and training organisation, focused on handling and preventing contamination of soil, water and air. We will only collect personal information that is necessary for our purposes, and we will endeavor to collect your personal information directly from you. In certain circumstances we may collect information about you from third parties. For example, if your employer enrolls you in a CRC CARE training program.

CRC CARE may collect your personal information in several ways, including through the use of application forms, registration forms and telephone, written and face to face communication with you or a third party. For example, we may collect personal information when you:

  • subscribe to our newsletter;
  • make enquires about or participate in our workshops, education or training programs;
  • make enquires about or apply for a CRC CARE scholarship; or
  • have any other types of dealings with CRC CARE.

It is important that we collect the information that we need about you. If we are unable to do so, we may be limited in our dealings with you, such as the types of goods or services that we can provide.

The types of personal information that CRC CARE collects varies according to the collection purpose. Generally, this information will include your name, gender, contact details (including your work and home telephone numbers, addresses, email addresses and fax numbers), details of your attendances at our activities and of your dealings with CRC CARE. Depending on the nature of your interaction with us, we may also collect other personal information about you such as your academic results, employment details (including the names of your current and former employers, positions, duration each period of employment), education, qualifications, areas of interest and referees.

When we collect your personal information we will endeavour to make you aware of the contact details for CRC CARE, the fact that you are able to access the personal information that we hold about you, the purposes for which we are collecting your personal information, the organisations to which we would usually disclose your information, and any consequences of your not providing all or part of the information that we request.

CRC CARE does not actively collect sensitive information about individuals. Sensitive information includes specific types of personal information, such as health information and information about an individual’s membership of a professional or trade association, membership of a trade union and criminal record (amongst others). If CRC CARE requires sensitive information about you, we will obtain your consent before collection, or otherwise ensure that collection is in accordance with the NPPs.

Storage of Personal Information

Personal information will be stored by CRC CARE in hard copy records and/or on our electronic database. Regardless of the storage medium, all personal information is securely maintained at CRC CARE’s facilities and electronic information is protected by various data protection measures not limited to password security.

Our procedures ensure that your personal information is only used for appropriate purposes and that access is restricted to personnel who require your personal information to carry out their job functions.

Use and Disclosure of Personal Information

CRC CARE will use and disclose your personal information in accordance with the purpose for which it was collected, as well as for related secondary purposes where you would reasonably expect us to use or disclose your personal information for those related secondary purposes.

We may disclose your personal information to other organisations. These may include agents, contractors and service providers engaged to provide CRC CARE with services (such as database management, printing and mailing) and our partner organizations (such as tertiary education providers and consulting firms).

In disclosing your personal information to third parties CRC CARE will ensure that they are required to comply with the Privacy Act to ensure the protection of your personal information.

We may also use your personal information to provide you with information about our goods, services or activities. If you do not wish to receive this information please notify CRC CARE at the time that we collect your personal information, or by subsequently contacting us.

CRC CARE will only transfer your personal information outside of Australia in accordance with the NPPs, for example, if you consent to such a transfer, or if the law otherwise requires or allows CRC CARE to do so.

Quality of Personal Information

CRC CARE strives to ensure that all personal information we hold is accurate, complete and up-to-date. We will correct (or, if necessary, delete) your personal information if we become aware that it is inaccurate, incomplete or out-of-date. Please contact us if the personal information that we hold about you has changed.

Access to Personal Information

We understand that you may wish to access the personal information that we hold about you. Generally, you will be able to do so upon written request. But access may be denied in certain circumstances, including (but not limited to) situations where:

  • providing access would have an unreasonable impact upon the privacy of others;
  • the request is frivolous or vexatious;
  • providing access to the information would be unlawful; and
  • the law permits us to do so.

CRC CARE website and cookies

Our website (located at www.crccare.com) uses cookies but does not use the information stored in those cookies to track your use of the website.

Privacy Policy Changes

CRC CARE may amend, modify or replace this Privacy Policy at any time.

Further information and complaints

If you would like further information about how we manage your personal information, or if you are unhappy with the way in which we have handled your personal information, we encourage you to contact us on the details set out below.

Privacy Collection Statement

CRC CARE Pty Ltd ACN 113 908 044 (CRC CARE) may collect personal information from you in the course of carrying out its functions as a research, development and training organisation.

We will use your personal information to provide you with CRC CARE’s products and services, information about our products and services, and for other related purposes. We may also use your personal information to supply you with details about the activities and events of CRC CARE. Please let us know if you do not wish to receive this information.

It is important that we collect the personal information that we need. If we are unable to collect this information, we may be limited in our dealings with you, such as the types of goods or services that we can provide.

We may disclose your personal information to other organisations. These may include agents, contractors and service providers engaged to provide CRC CARE with services (such as database management, printing and mailing) and our partner organizations, such as tertiary education providers and consulting firms.

Subject to some exceptions, you are able to access the information that we hold about you. If you would like to request access, or if you have any questions or concerns about the way that we handle your personal information, please contact us at:

Attention: Privacy Officer

Premises: Building X, University of South Australia,
Mawson Lakes SOUTH AUSTRALIA 5095

Postal address: CRC CARE, P.O. Box 486,
Salisbury South SOUTH AUSTRALIA 5106

Phone: +61 8 8302 5038
Fax: +61 8 8302 3124
Email: admin@crccare.com

General

CRC CARE accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If CRC CARE waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

 

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