TERMS AND CONDITIONS

1. About the CircleZero website

The CircleZero website is provided by the Transport Portfolio to share knowledge, research and experience across our government and industry partners in working towards a circular economy and net zero transport and infrastructure.

You will need to make your own assessment of how the information on the CircleZero website applies to your particular circumstances and whether you need to contact the Department of Transport directly to obtain further information or guidance from the Department of Transport. You may need to examine the applicable legislation or seek professional advice in relation to your particular circumstances.

2. About these Terms of Use

2.1 Interpretation

In these Terms of Use:

The CircleZero website www.circlezero.wa.gov.au and all of the software and content associated with, or accessible through, those websites;
CircleZero website’s Privacy Statement means the statement available on the CircleZero website;
including, for example and similar words do not imply any limit;
organisation includes firms, companies, partnerships, joint ventures, associations and other body corporates, and any of their successors or permitted assigns; and
person includes organisations;
we or us means the Department of Transport; and
you means the individual who is using the CircleZero website.

2.2 Who these Terms of Use apply to

These Terms of Use apply to individuals and organisations who access and use the CircleZero website and any associated software and third-party technologies used by the website (collectively referred to as the CircleZero website).

In the context of you using the CircleZero website, these Terms of Use apply to:

you – the individual (or organisation) who uses the CircleZero website; and
the Department of Transport (also called we or us)

By accessing or using the CircleZero website, you are agreeing to these Terms of Use.

Any person using the CircleZero website for an organisation is agreeing to these Terms of Use on behalf of that organisation – and represents and warrants that the person can (and is authorised) to do so.

2.3 If you don’t agree to all these Terms of Use

If you don't agree to all these Terms of Use, then do not access or use the CircleZero website.

You can still interact with the Department of Transport in other ways (for example, over the counter, by mail, telephone and email). Contact us on info@transport.wa.gov.au for more information.

2.4 Changes to Terms of Use

These Terms of Use may only be varied by the Transport Portfolio. The Department of Transport may, at any time and at its absolute discretion, vary these Terms of Use. If these Terms of Use are changed, we will state this on the relevant page on the CircleZero website by using the words to indicate the last time that page was updated.

If you don't agree with the changes, then do not continue to use the CircleZero website. If you continue to use the CircleZero website, the changed Terms of Use will apply from the time they were changed. The changed Terms of Use will replace any previous CircleZero website Terms of Use.

2.5 Privacy

By using the CircleZero website, you agree to the collection, use, storage and disclosure of your information, as set out in the CircleZero website’s Privacy Statement. You also agree that we can monitor and review the activities of CircleZero website users in the way described in the CircleZero website’s Privacy Statement.

For clarity, only anonymous information is collected by these tools. No identifiable personal data is collected unless the visitor voluntarily provides it.

2.6 We may change or withdraw the CircleZero website

The Transport Portfolio may, at any time, and without notice or liability to you:

change the CircleZero website (including its content and how it works);
change how and when the CircleZero website is available; or
suspend or discontinue the CircleZero website (in whole or in part).

3. Using the CircleZero website

3.1 Use the CircleZero website only for interacting with the Transport Portfolio

You must use the CircleZero website in accordance with these Terms of Use solely for lawful purposes and to interact with the Transport Portfolio.

3.2 Don't use the CircleZero website for other things

You must not use the CircleZero website for any other reason. You must not use the CircleZero website in any way other than as set out in these Terms of Use. For example, you must not:

resell or make the CircleZero website or any part of it available to any third party, or otherwise commercially exploit the CircleZero website;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms on any part of the CircleZero website or the technology they use (or attempt to do any of these);
frame or mirror any part of the CircleZero website, or delete any attributions or legal or proprietary notices on the CircleZero website (or attempt to do any of these);
monitor or copy the CircleZero website;
change, translate or otherwise create derivate works of the CircleZero website;
use any software (like bots, scraper tools etc) to access, monitor or copy the CircleZero website; and
use the CircleZero website or its contents to build or inform a competitive product service.

3.3 Using the CircleZero website in the right way

You must:

security measures: not attempt to bypass or undermine any security measures in respect of the CircleZero website or any technology they use;
no automation: not access or use the CircleZero website using automated means (whether or not including the use of bots or artificial intelligence);
no harming the system: not use (or misuse) the CircleZero website in any way that may impair the functionality of the underlying systems or technology used by the CircleZero website or impair the ability of any other user to access or use the CircleZero website;
no harming others: not use the CircleZero website in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable, defamatory, malicious or misleading, or encourages unlawful conduct;
laws and policy: comply with applicable laws, regulations and Department of Transport usage policies that are in force when you access the CircleZero website.

4. Limitations of the CircleZero website

4.1 Disclaimer

Information is presented on the CircleZero website for the benefit of the public, other government agencies and advisors. We take reasonable efforts to ensure the accuracy, currency and reliability of the information on the CircleZero website. However, we do not guarantee its accuracy – for example, changes in circumstances after publication may impact its currency and relevance.

4.2 No warranties other than those required by law

The CircleZero website is provided 'as is' and 'as available'. Except as required by law, the Department of Transport does not make any claims (and hereby disclaim any warranties) relating to:

quality, performance or fitness for any particular purpose of the CircleZero website;
accuracy, reliability or use without interruption, of the CircleZero website;
non-infringement of third-party rights (including intellectual property rights); or
anything else to do with the CircleZero website or any associated services.

Nothing that we say or write creates any warranties in respect of the CircleZero website.

If there are any service quality standards (such as service level agreements) for the CircleZero website then these represent only a non-binding target that the Transport Portfolio may work towards. They are not a representation, warranty or commitment in respect of the CircleZero website (including in respect of their quality or availability).

5. Limitations on our liability to you

5.1 No liability

The Department of Transport, subject to relevant laws and Department of Transport policies, will take all reasonable precautions to protect and safeguard information (including personal information and confidential information) from unauthorised access or disclosure or other misuse or loss. However, if any unauthorised access or disclosure or other misuse or loss to, or disclosure of, this information occurs (whether through the CircleZero website or otherwise), none of the Department of Transport, the State of Western Australia and their respective service providers will be liable for any loss or damage, directly or indirectly, suffered by any person.

5.2 Use of the CircleZero website is at your own risk

If the CircleZero website is defective, you won't be reimbursed for any costs fixing any damage or loss arising from it or your use of it.

5.3 Other links, translation and automated services

In addition, we take no responsibility for:

your use of external (non-Department of Transport) sites that might be linked to (or through) the CircleZero website; or
any automated translation or other automated services you use in connection with your use of the CircleZero website.

5.4 We are not liable for loss

None of the Department of Transport, the State of Western Australia, and their respective service providers will be liable for personal injury, or for any loss or damages whatsoever (including incidental, special, indirect or consequential damages) including, without limitation:

loss or corruption of data or damage to any technology;
loss of profits or income, loss of opportunity;
interruption to your business or delay to any activity; or
any other loss or cost,

arising out of or related to your use of (or inability to use) the CircleZero website, or any unauthorised use of the CircleZero website, however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised the Department of Transport of the possibility of such loss or cost.

6. Your rights at law

Some jurisdictions give you rights at law, including statutory warranties, that can't be limited or excluded – and so some of the above limitations might not apply to you. In that case, they apply only to the maximum extent permitted by law.

7. Your liability to us

You are responsible for and indemnify the Department of Transport, the State of Western Australia and their respective service providers against any loss or damage to any person arising from:

any breach of these Terms of Use; or
any wilful negligent or unlawful act or omission by you;

in relation to or in the course of your use of the CircleZero website.

Your responsibility for actions or omissions will continue despite you ceasing to use the CircleZero website or having been denied access to the CircleZero website.

8. Intellectual property rights

The Department of Transport, the State of Western Australia or their respective service providers own all rights in the CircleZero website and the technology it uses.

You have a licence to use these for the sole purpose of using the CircleZero website to access information about Department of Transport services, and linking to those services. You may copy, distribute, display, download or print the material on this website for your own personal use, for non-commercial educational purposes or for non-commercial use within your organisation, provided you attribute the source of the information and reference any copyright or licence conditions.

Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the provisions of the Copyright Act 1968, or where different copyright terms are expressly stated, no part may be reproduced or re-used for any commercial purposes whatsoever without prior written permission of the State of Western Australia.

Where the work is not owned by the Department of Transport, please contact the original copyright holder.
The Department of Transport reserves all rights in and to the CircleZero website (including in respect of technology, trade marks and branding) that are not expressly granted to you under this licence. You agree not to challenge or dispute those reserved rights.

If you provide us any feedback about the CircleZero website, we may use and disclose your feedback without any obligation to you. We own all rights in anything created as a result of that feedback (including any changes to the CircleZero website).

9. Applicable law and interpretation

These Terms of Use are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

10. Severance

If any part of these Terms of Use is illegal, unenforceable, or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable, or invalid, and the remaining parts of these Terms of Use remain in full effect. Our failure or delay in enforcing these Terms of Use is not a waiver of our right to do so later.

11. Images of people now deceased

The Department of Transport is aware that many Aboriginal people and Torres Strait Islanders are offended by the depiction of deceased members of their communities. While we have made every effort to ensure that only pictures of Aboriginal people and Torres Strait Islanders still living are used on this website, visitors to the website are warned that it may contain images of people now deceased. Please let us know if you know of the death of any Aboriginal or Torres Strait Islander person depicted on this website.