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• Conditions for using online forms
• Conditions for using secure sites
• Conditions for using electronic PMC
• Copyright
• Privacy

Definitions

In these terms and conditions,

• "WorkCover SA" means the WorkCover Corporation of South Australia and includes its officers, employees, agents, contractors, developers of, and contributors to, the content of this website.
• "Website" means any part of this and any other website operated by or on behalf of WorkCover SA;
• "Use" includes access or use or attempted access or use of any part of this website; and
• "You" means any person who uses the site.

Using this website

The use of this website is subject to WorkCover SA’s terms and conditions of use.

You must read and agree to these terms and conditions before making any other use of this website. If you do not agree to these conditions, you must not use this website. By making use of this web site, you accept and agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

Information

All information provided by WorkCover SA pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information only and not in the nature of advice. We derive our information from sources which we believe to be reliable, accurate and current as at the date of its publication or posting on this website. WorkCover SA reserves the right to edit and remove this information at any time and for any reason.

WorkCover SA makes no representations or warranties whatsoever that the information provided on this website is reliable accurate or complete, or that it is suitable for a particular purpose or that your access to that information will be uninterrupted or secure.

Disclaimer

The use of this website is entirely at your own risk. WorkCover SA shall not be liable for any loss or damage, (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) howsoever caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this website (including your use of or reliance on information or material contained on or accessed through this website) or any website linked to this website.

This exclusion of liability applies, without limitation, to any loss or damage arising through any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any material.
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 that cannot be excluded or modified under that legislation, WorkCover SA’s liability under such condition or warranty will be limited (at WorkCover SA’s election):

(i)   in relation to goods, to;

• the replacement of the goods; or
• the supply of equivalent goods; or
• the repair of such goods; or
• the payment of the costs of replacing the goods or of acquiring the equivalent goods or of having the goods repaired; and

(ii)   in relation to services, to:

• supplying the services again; or
• the payment of the costs of having the services supplied again.

Liability

Subject to any non-excludable rights, use of the site is entirely at your own risk. In no event will WorkCover SA be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.

If circumstances arise where you are entitled to claim damages from WorkCover SA notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), WorkCover SA's liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from WorkCover SA) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at WorkCover SA's election).

Indemnification

You agree to indemnify WorkCover SA and the hosts, operators, developers of and contributors to this website and keep each of them jointly and severally indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them (either directly or indirectly) arising from your breach of these terms and conditions or otherwise howsoever arising from, or in connection with, your use of this web site.

Third party material

The site may contain information from, and references to, third parties ('third party material').

Unless otherwise stated, WorkCover does not monitor, sponsor, endorse or recommend any third party material appearing on this website and makes no warranties or representations as to the accuracy, currency, completeness, lawfulness or reliability of the content of any third party material.

Your access to and reliance on third party material through this website is entirely at your own risk.

Links to third party websites

This website may contain links to other websites (“linked websites”). Linked websites are provided solely as a convenience to you and may be terminated by us at any time.

WorkCover SA does not review or monitor any linked website and shall not be liable for the content, accuracy, currency, completeness, lawfulness, or reliability of any material on any linked website.

Unless otherwise specified, the presence of linked websites on this website should not to be construed as creating between this website and the linked website, any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content by WorkCover SA.

Your access to and reliance on any third party website is entirely at your own risk

Inappropriate content

You must not email, post upload or submit any defamatory, offensive, illegal or inappropriate material to this website. To the extent permitted by law, neither WorkCover SA nor the hosts, operators or developers of this website shall be liable for any defamatory, offensive, illegal or inappropriate content available on, or accessed from, this website

Viruses

WorkCover SA cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or any other script, program or code that manifests contaminating or destructive properties.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

You must not email, post upload or submit any material containing a virus, worm, Trojan horse or any other script, program or code that manifests contaminating or destructive properties

Links from other sites to this site

Other sites may only link to this website with WorkCover SA's prior written permission. Any site that links to this website must:

• link to WorkCover SA's home page
• not reproduce any content of the website that is being linked to this website
• not create a browser or border environment around site content
• not imply any endorsement approval or sponsorship by WorkCover SA
• not misrepresent its relationship with WorkCover SA
• not present false information about WorkCover SA's products or services
• not use WorkCover SA's name, trade marks, logos or any other intellectual property owned or licensed by WorkCover SA;
  
  without WorkCover SA’s prior written permission.

Security and availability

No transmission of data over the Internet can be guaranteed as totally secure. Although WorkCover SA endeavours to protect data transmissions to and from this website, WorkCover SA does not warrant the security of any information that you transmit to this website.

WorkCover SA does not warrant that this website is free from unauthorized access and/or any faults or errors in any operating systems resulting in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.

Copyright

This website is subject to copyright. All copyright in this website (including, without limitation all web pages, text, graphics, logos, audio and video recordings and software) is owned or otherwise licensed by WorkCover SA. Information appearing on this website obtained from a third party may be the subject of copyright owned by that third party.

You may only use this website for your personal use and you may only reproduce (including by way of printing or making an electronic copy) of information available on this webs site for that purpose. You must ensure that all copyright notices are retained in any material reproduced from this website. Except as expressly authorized by these terms and conditions and subject to the provisions of the Copyright Act 1968 (Cth), you may not, in any form or means:

• use, reproduce, adapt, store, distribute, display, perform or publish, licence, (including by electronic means); or
• sell or otherwise commercially exploit,
  
  any information, products or services made available or obtained from any part of this website without the prior written permission of WorkCover SA, or, in the case of third party material, from the owner of the copyright in that material.

If you breach any of these conditions, then (without limiting your other liabilities to WorkCover SA) your authorisation to use this website terminates immediately and you must destroy all materials and information downloaded or otherwise reproduced from this website.

By submitting any material to this website, or to WorkCover SA in connection with your use of this website, you agree to assign all of your intellectual property rights in that material to WorkCover SA. However, you must not, without permission submit any third party material to this website.

Privacy

WorkCover SA undertakes to comply with its privacy policy, which may be read by [following the links from the home page of this website]

Sale of goods or services

Unless otherwise stipulated by WorkCover SA, any sale of goods or services from this website is subject to the following conditions:

Fulfillment - WorkCover SA will endeavor to provide accurate and fast fulfillment of all orders placed using this website. However, WorkCover SA shall not be liable for any delays in the delivery of goods or services caused by suppliers, transport, postal and courier services or for any other circumstances beyond the reasonable control of WorkCover SA.

Currency - All transactions for the purchase of goods and/or services shall be in Australian dollars. Any amounts shown in other currencies are indicative only and may vary due to fluctuations in exchange rates.

Credit card use – If you provide your credit card details to this website, WorkCover SA will use them only for the purpose of verifying and processing a credit card transaction. Your credit card details will be treated in accordance with WorkCover SA’s privacy policy. . WorkCover SA will report any suspected illegal (including fraudulent) use of credit cards to credit card providers, merchant banks, government institutions and other authorities as may be required by law.

Identity fraud - You must not engage in any fraudulent, misleading or deceptive conduct in connection with your use of this website. Without limitation, you must not impersonate or attempt to impersonate any person or entity or otherwise misrepresent your identity or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.

Errors in description or pricing - WorkCover SA reserves the right to void a transaction if it appears that there has been, or there is, subsequent to the placement or confirmation of an order, an error in the description or pricing of goods or services offered on this website. [In such circumstances WorkCover SA undertakes to refund any amounts paid in respect of such goods and/or services]

Warranties - Any supply of goods or services by WorkCover SA is subject to any express written warranties offered by WorkCover SA or a third party. To the extent permitted by law, all express and implied warranties relating to the sale of goods and services are hereby excluded.

Governing law

These terms and conditions are governed by the law in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

You are solely responsible for ensuring that your use of this website is not prohibited in the jurisdiction in which you are accessing this website and that you comply with the laws of your jurisdiction.

Severance

If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any of the remaining provisions.

Changes to conditions, site content or access

WorkCover SA reserves the right to amend these terms and conditions at any time. Amendments will be effective immediately upon their publication on this website. Your continued use of this website evidences your acceptance of, and agreement to, any such amendments. Your continued use of this website after our amendments of these conditions will be taken as evidence of your acceptance of those amendments.

WorkCover SA also reserves the right to modify the content, nature of, and accessibility to, this website at any time. These conditions will continue to apply even if you cease to be permitted to use the website or your access is terminated for any reason.