Terms and Conditions of the Classification Portal

1 Authority to Access Classification Portal and Agreement to these Terms and Conditions

1.1 The Classification Portal (external link: https://classificationportal.classification.gov.au) is administered on behalf of the Commonwealth of Australia as represented by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (we, us).

1.2 We make the Classification Portal available to organisational administrators and users (you) subject to these Terms and Conditions.

1.3 By obtaining access to or using the Classification Portal, you irrevocably agree to be bound by these Terms and Conditions.

1.4. In addition:

1. if you are an organisational administrator who obtains access to or uses the Classification Portal on behalf of an organisation, you warrant that the organisation has given you authority to be an organisational administrator for the Classification Portal on the organisation’s behalf and you warrant that you have the authority to enter into these Terms and Conditions on the organisation’s behalf, or
2. if you are a user who obtains access to or uses the Classification Portal on behalf of an organisation, you warrant that an organisational administrator for the organisation has given you authority to access or use the Classification Portal on the organisation’s behalf.

1.5 If you access the Classification Portal using a registered account, you are representing to us that you are the holder of the account.

1.6 You agree and acknowledge that use of the Classification Portal constitutes express consent to monitoring. If monitoring reveals evidence of possible misuse or possible criminal activity then we may seek to use this as evidence in a court of law or provide the evidence to a law enforcement agency.

2 Purposes of the Classification Portal

2.1 The purposes of the Classification Portal are to allow organisational administrators and other users to:

1. submit or amend applications for the classification of publications, films and computer games;
2. register or amend events enabling, in certain circumstances, the user to show unclassified films, computer games and/or submittable publications; and
3. manage some of the administrative functions related to applications for classification and registration of events, including payment for classification applications.

3 Responsible use of the Classification Portal and its content

3.1 Subject to these Terms and Conditions, you may use the Classification Portal and its content for the purposes for which it is provided, as set out in clause 2.

3.2 You must not use the Classification Portal or any of its content in any way that may:

1. infringe the rights of any person (including any privacy or intellectual property rights, or rights in respect of confidential information);
2. be considered by a reasonable person to be unethical, offensive or inappropriate; or
3. breach any relevant law (without limitation including any law relating to collusive conduct, competition, consumer, privacy, security or corporations).

3.3 You must promptly notify us if you believe you have discovered an error or deficiency in the Classification Portal or any of its content, or if you become aware of any relevant circumstance that may lead to a complaint or claim being made by any person concerning the Classification Portal or any of its content (for example in respect of breach of privacy, confidentiality, or intellectual property rights).

3.4 You must not represent or imply, or allow any associated person to represent or imply, that we endorse, approve, or are affiliated in any way with you or any use you make of the Classification Portal or any of its content.

3.5 You warrant that, to the best of your knowledge, all information and data provided by you through the Classification Portal is true, accurate and up-to-date.

3.6 You acknowledge that providing false or misleading information may constitute an offence under the Criminal Code Act 1995.

4 Role and responsibilities of organisational administrators

4.1 If you are the organisational administrator of the Classification Portal for your organisation:

1. you agree to comply with any requirements imposed on organisational administrators of the Classification Portal by your organisation,
2. you acknowledge and agree that you and any user granted access to the Classification Portal on behalf of your organisation will be able to view  any applications and registrations submitted by other users on behalf of your organisation, which may include confidential information or information that is personal information for the purposes of the Privacy Act 1988,
3. you acknowledge and agree that you and any user granted access to the Classification Portal on behalf of your organisation will be able to amend draft applications and registrations submitted by other users on behalf of your organisation, which may include confidential information or information that is personal information for the purposes of the Privacy Act 1988,
4. you agree to take all reasonable steps to ensure that access arrangements to the Classification Portal on behalf of your organisation are appropriate and that users accessing the Classification Portal on behalf of your organisation meet any requirements imposed by the organisation for use of the Classification Portal, and
5. you agree to take all reasonable steps to revoke a person’s access to the Classification Portal as soon as practicable after the person ceases to act on behalf of your organisation or ceases to have the authority of your organisation to access the Classification Portal on its behalf.

5 Online payments

5.1 Online payments may be made through the Bambora gateway operated by The Reserve Bank of Australia. The Bambora payment gateway charges a credit card surcharge including GST for successful Visa and MasterCard credit card payments and a Bambora payment gateway transaction fee. By making a credit card payment using the Bambora payment gateway, you agree to pay the credit card surcharge. The Department will pay the Bambora payment gateway transaction fee.

5.2 The Department accepts no responsibility for the delivery of services by any independent third party service providers to the extent permitted by law and is not responsible for errors made by you when authorising any deduction against your credit or debit card.

5.3 Subject to any responsibilities implied by law and which cannot be excluded, the Department is not liable to you for any losses, damages, liabilities, claims and expenses (including legal costs and defence or settlement costs) whatsoever arising out of or referable to the Bambora payment gateway or to third party material, whether in contract, tort (including negligence), statute or otherwise.

5.4 Any credit or debit card related data (including your credit or debit card details) will be stored and maintained in the Bambora payment gateway and not within this Classification Portal.

6 Privacy, confidentiality and use of information

6.1 You acknowledge that we collect information for the purposes set out in clause 2 and for any ancillary purpose. You agree to our collection of information for these purposes.

6.2 Privacy Collection Notice: Without limiting clause 6.1, we will collect personal information from you to facilitate and manage access to the Classification Portal and to process applications, registrations and payments made through the Classification Portal. We will deal with any personal information collected by us through the Classification Portal in accordance with the Privacy Act 1988 (Cth) and our external link:Privacy Policy and as authorised under the Classification (Publications, Films and Computer Games) Act 1995 (the Act). We may disclose your personal information to persons performing functions under the Act for the purposes of performing those functions. We may also disclose such personal information to our related entities and to service providers who assist us to provide the Classification Portal. Your personal information may be accessible to other organisational administrators and users accessing the Classification Portal on behalf of the same organisation as you. We do not ordinarily disclose personal information to overseas recipients. Without your personal information, we may not be able to give you access to the Classification Portal or process your application or registration. Generally, individuals have a right to obtain access to personal information that we hold about them. Our external link:Privacy Policy contains information about how an individual can access personal information we hold about them and seek the correction of such information. It also contains information about complaint handling processes. Our Privacy Officer can be contacted on (02) 6274 6495.

6.3 You acknowledge and agree that information you submit through the Classification Portal on behalf of an organisation may be viewed by the organisational administrators for that organisation and anyone who currently has, or will in future have, access to the Portal on behalf of that organisation. You acknowledge and agree that information submitted through the Classification Portal on behalf of an organisation that is in draft within the Classification Portal may be amended by the organisational administrators for that organisation and anyone who currently has, or will in future have, access to the Portal on behalf of that organisation.

6.4 You acknowledge that some information you access through the Classification Portal may be confidential to an organisation. You agree not to make any unauthorised use of such confidential information.

6.5. You acknowledge that some information you access through the Classification Portal may be personal information within the meaning of the Privacy Act 1988 (Cth). You agree to comply with any provisions of the Privacy Act 1988 (Cth) as if you were an APP entity and agree to not do anything which would place us in breach of the Privacy Act 1988 (Cth). Without limiting your obligations, you must not use or disclose any personal information that is disclosed to you through the Classification Portal except to the extent necessary for fulfilling your obligations and for any purposes contemplated under these Terms and Conditions, or (having given us as much notice as reasonably possible) as required by law.

6.6 We reserve the right to publish the results of any applications and registrations made through the Classification Portal. If we have agreed on an embargo, the results will be held confidential until an agreed date.

6.7 We undertake to keep the content of applications and/or registrations made by you through the Classification Portal confidential, except as allowed under clause 6.6 or where the information:

1. is disclosed by us to our contractors or employees solely in order to evaluate the application or registration;
2. is disclosed by us to the Classification Board or Classification Review Board in connection with any of their functions under the Classification (Publications, Films and Computer Games) Act 1995;
3. is disclosed by us to our contractors or employees solely to enable effective management or auditing of the Classification Portal and related activities;
4. is disclosed by us to any other Australian government department or agency (including any Commonwealth, State or Territory department or agency);
5. is disclosed by us to an Australian government Minister (including any Commonwealth, State or Territory Minister) or any staff of such a Minister;
6. is disclosed by us in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia or a legislature of an Australian State or Territory;
7. is shared by us with a non-government body in Australia, where this serves our legitimate interests;
8. is authorised or required by law to be disclosed;
9. was known to us prior to disclosure by you; or
10. is in the public domain otherwise than due to a breach of this clause.

6.8 We may remove any material included on the Classification Portal, including links to other sites on the internet, at any time without giving any explanation or justification for removing the material.

7 Intellectual property

7.1. The content provided by us on this Classification Portal is owned or controlled by us and is protected by copyright laws in Australia and overseas. You may only use the content for the purposes for which access is granted and must not otherwise use, copy, reproduce, modify or transmit the content without our prior written consent.

7.2. This website includes trade marks which are protected by law. You must not use our trade marks in Australia or internationally without our prior written consent.

7.3 By submitting content to this Classification Portal, you:

1. grant us a perpetual, worldwide, royalty free, irrevocable and transferable licence in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability except to the extent of our confidentiality obligations; and
2. warrant that the content is yours and does not (nor will our use of the content under the above licence) infringe the rights or privacy of any third party.

8 Security

8.1 You must take all reasonable action to prevent and detect unauthorised use of your account. This includes logging off from your account after use.

8.2 Where you are issued with an account, user identifiers, passwords, encryption keys and other information relating to access, authentication or security relating to the Classification Portal:

1. you must take all reasonable action to protect and maintain the security of that information and account, including keeping your username and password in a safe and secure manner;
2. you must immediately notify us if you know or suspect that access or authentication security information has been compromised, or any other kind of unauthorised use or security breach has occurred;
3. you are responsible for the use and disclosure of any information accessed or downloaded through the use of your account; and
4. you are responsible for all use of your account.

8.3 Although we apply a range of security controls to protect the Classification Portal from unauthorised access, you acknowledge and agree that:

1. the World Wide Web is an insecure public network that gives rise to a potential risk that your transactions are being viewed, intercepted or modified by third parties;
2. we do not represent or warrant that the security controls implemented for the Classification Portal will be effective in all circumstances, or that unauthorised access to or alteration of the Classification Portal or its content or related systems will not occur; and
3. files, data or information that you download may, despite precautions we may take, contain computer viruses, disabling codes, worms or other harmful code, devices, or defects, and you are responsible for implementing and maintaining appropriate and effective measures to protect yourself in this regard.

9 Disclaimer and limitation of liability

9.1 To the extent permitted by law:

1. the Classification Portal and all its content is provided 'as is' and without warranties of any kind, either express or implied;
2. we do not represent or warrant that your access to or use of the Classification Portal and its content will be uninterrupted or error-free or free of viruses or any other harmful components, or that any defects will be detected or corrected;
3. we do not represent or warrant that any content is correct, accurate, up-to date, complete, reliable or is not subject to defects, errors or omissions of any kind;
4. we will have no liability of any kind to you in respect of third party content, links or web sites; and
5. you assume the entire risk for any use you make of the Classification Portal and its content.

9.2 To the extent permitted by law, we have no liability to you in respect of any losses, costs, damages, expenses or any other liabilities suffered or incurred by you, no matter how arising (including as a result of negligence), that are directly or indirectly related to the Classification Portal, its content, the services offered via the Classification Portal, the unavailability of the Classification Portal or any failure by us to take any action in connection with information provided by you via the Classification Portal.

9.3 You acknowledge that we are not responsible for any computer or other malfunction that may occur in relation to the sending or receiving of any communication through the Classification Portal, and are not responsible for any failure on your part to read and respond to any such communication sent to you by us.

9.4 Under no circumstances (including but not limited to any act or omission by us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access the Classification Portal and its content.

9.5 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to:

1. the supply of the services again; or
2. the payment of the cost of having services supplied again.

10 Indemnity

10.1 You indemnify us against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we (or our personnel) may incur to any third party arising out of your use (including unauthorised use) of or access to the Classification Portal or its content, or the lawful exercise of our rights pursuant to this agreement.

11 Termination or Suspension of Access to Classification Portal

11.1 We may terminate or suspend access to the Classification Portal at any time and with immediate effect, without giving any explanation or justification for the termination or suspension. We will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating or suspending access to the Classification Portal.

11.2 Your access to and use of the Classification Portal may be terminated immediately and without notice if you breach any of these Terms and Conditions and in such event we reserve all other rights we may have against you in respect of such breach.

11.3 We may suspend your access to and use of the Classification Portal while we are investigating any course of action we may take where we suspect:

1. you may have breached any of these Terms and Conditions; or
2. you or your account is involved in or subject to any breach or compromise of security or unauthorised use.

12 Applicable law and governing jurisdiction

12.1 These Terms and Conditions are governed by the laws in the Australian Capital Territory and both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

13 Interpretation

13.1 In these Terms and Conditions the words ‘include’, ‘including’, ‘for example’ or ‘such as’ are not used as, nor are they to be interpreted as, words of limitation and, when introducing an example, do not limit the meaning of the words to which the example relates to examples of a similar kind.

14 General

14.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms and Conditions without our prior written approval.

14.2 Each warranty or indemnity given by you under these Terms and Conditions is a continuing warranty or indemnity which will continue upon expiry or termination of your agreement under these Terms and Conditions.

14.3 If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

15 Changes to and termination of these Terms and Conditions

15.1 These Terms and Conditions can be varied at any time by notice to you, for example, by means of an on-line notice at logon or other form of notice.

15.2 These Terms and Conditions take precedence over any earlier versions of the Classification Portal Terms and Conditions.

15.3 We may terminate these Terms and Conditions (in whole or in part) at any time and with immediate effect for no cause.