Legally binding agreement
By creating an account and subscribing to the planned burning messaging services ('Messaging Services') under the Planned Burning Notification System ('System'), you acknowledge that you have read, accepted and agreed to be legally bound by these Terms (including our privacy statement) and any notices or guidelines in connection with the Messaging Services and/or the System appearing on our website 'www.delwp.vic.gov.au/pbns' ('Website'), as amended from time to time. Any such notices or guidelines are hereby incorporated by reference as part of these Terms.
In these Terms:
- 'we', 'our' and 'us' refers to the State of Victoria through its Department of Environment, Land, Water and Planning, and includes its officers, employees and agents; and
- 'you' and 'your' refers to each user of the System subscribing to the Messaging Services.
The System relies solely on your details, selections and other inputs provided by you as a basis of sending the message, and does not verify the correctness or accuracy of such input.
To receive the message in accordance with your customised requirements, it is your responsibility to:
- check your details, selections and other inputs that you provided into the System on a regular basis and update them if they change
- ensure that your nominated email and/or mobile phone is working properly and is able to receive messages (e.g., your nominated email account and/or mobile phone number is active and they have sufficient space in the inbox)
- if you use email or SMS message filters, ensure that you set those filters to automatically accept the message from 'delwp.vic.gov.au'
- check your junk folder in your email or mobile phone on a regular basis to see if the message has been delivered there instead of the inbox.
Also, it is a condition of your subscription of the Messaging Services that you must not:
- tamper with other user's accounts of the System, or commit unauthorised intrusion into any part of the System
- attempt to bypass any security controls
- subscribe to the Messaging Services in a manner that encumbers the messaging list space or other processors
- make any deliberate attempts to interfere with the functionality of the System.
You should not rely on the Messaging Services as your only source of information about planned burns in progress. Other sources include our planned burns now and the next 10 days webpage, the VicEmergency website and the VicEmergency app.
Liability and indemnity
The messages sent by the System to your nominated email address and/or mobile number may be of assistance to you, but we do not guarantee that the information contained in it is without flaw or is appropriate for your particular purpose, or that the messages will be accurate, complete, sequential or up to date.
We disclaim all liability for any loss, damage, cost, expense, claim proceeding or other consequence of any kind which may arise from:
- your use or reliance upon the Messaging Services or any information contained in the message or the absence of such information
- our discontinuation of the Messaging Services or termination of your subscription of the Messaging Services
and except for rights which by statute cannot be excluded or limited, we provide the Messaging Services on an 'as is' basis and with no warranties or representations, and have no liability to you in relation to the accuracy, completeness, sequence or timeliness of the message or otherwise in relation to the Messaging Services or the System.
Further, we accept no responsibility for any failure to send the message or any message not being received by you or delays in the delivery of the message for any reason including, without limitation:
- incorrectness or inaccuracy of your details, selections or any other inputs provided by you into the System
- inaccessibility or unavailability of your email or mobile phone to receive the message
- technical malfunction, interruption, defect or delay in operation, data transmissions or communications line failure, regardless of cause, in connection with the System or any networks, lines, satellites, servers, computers or any other equipment, or any action or omission of an internet or carriage service provider utilised in any aspect of delivery of the message.
You agree to indemnify and hold us harmless from and against any loss, damage, cost, expense, claim proceeding or liability of any kind that we may incur to any third party that arises directly or indirectly from:
- your breach of these Terms; and
- your use of or reliance upon the Messaging Services or the information contained in the message, and your activities in connection with the System.
If, despite the above provisions, a court determines that we are liable to you, that liability will be limited (at our election) to continue providing the Messaging Services to you.
All copyright in the messages is owned by us. You may display, print and reproduce the message in unaltered form only for your personal or non-commercial use.
Apart from any other use as permitted under the Copyright Act 1968 (Cth), no part of the message may be reproduced, copied, transmitted in any form or by any means (electronic, mechanical or graphic) without the prior written permission of the State of Victoria. All requests and enquiries should be directed to our Customer Service Centre, phone 136 186.
We are committed to protecting information provided in accordance with the principles of the Information Privacy Act 2000 (Vic)
In order to subscribe to the Messaging Services you need to provide us with personal information. Information you provide will be used for the purpose of notifying you about planned burning. This information will also be used to invite you to review your selection of planned burn to be notified about after the annual updating of planned burnings in the System. You may also receive messages pertaining to the management and updating of the System that may affect you.
Information collected will be stored securely. Information may be disclosed to other relevant government agencies if required by law. If you have any questions in relation to the handling of the information that we may collect about you or would like access to that information, please contact, The Manager, Privacy, DELWP P.O. BOX 500, East Melbourne, Vic 3002.
Termination or cancellation of subscription
We may immediately terminate your subscription of the Messaging Services by notice to you, if we determine that you have breached any of these Terms, or consider it necessary to protect the interests of any other person.
We may also discontinue the Messaging Services (to all users) at any time or terminate your subscription of the Messaging Services for our own reasons and without any fault on your part, provided that in such circumstances we will attempt to give you at least 30 days prior written notice.
You may cancel your subscription of the Messaging Services at any time through the cancellation process available in the System.
Once your subscription of the Messaging Services is cancelled, you will no longer receive any message from the System in relation to planned burning. You may receive an email confirming that your subscription of the Messaging Services has been cancelled and your email address and mobile number are no longer on the messaging list of the System.
Amendments to the Terms
We may amend these Terms at any time, and you agree to be bound by any such amendments immediately upon notification of the amendments being posted on our Website. We may also, at our discretion, require you to accept the amended Terms as a condition of continuing your subscription of the Messaging Services. If you do not accept the amended the Terms, we may cancel your subscription of the Messaging Services immediately.
Governing law and jurisdiction
These Terms are governed by the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.