Terms of Use

1. About the Your Move website

The Your Move website is provided by the Department of Transport (also called DoT) for people who need to interact with the Your Move program, such as citizens and residents, schools, business owners, public sector employees and people who want to find new ways to move around their local area by walking, bike riding or public transport.

All information relating to, or presented on, the Your Move website is of a general nature only. You will need to make your own assessment of how the information on the Your Move 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 Your Move team.

If you have any questions, concerns or suggestions about the Your Move website, please visit the Contact Us page.

2.1 Interpretation

In these Terms of Use:

Your Move website means the Your Move website www.yourmove.org.au and all of the software and content associated with, or accessible through, that website;
Your Move website’s Privacy Statement means the statement available on the Your Move website at https://www.yourmove.org.au/privacy/ (a link to that Privacy Statement is also provided at the foot of the home page of yourmove.org.au);
Including, for example and similar words do not imply any limit;
Notifications includes messages, requests and other documents and information;
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 Your Move website.

2.2 Who these Terms of Use apply to

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

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

You – the individual (or organisation) who uses the Your Move website; and
The Department of Transport (also called we or us)

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

Any person using the Your Move 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 Your Move website.

You can still interact with the Department of Transport in other ways (for example, by mail, telephone and email). Please visit the Contact Us page for more information.

2.4 Changes to Terms of Use

These Terms of Use may only be varied by the Department of Transport. 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 Your Move 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 Your Move website. If you continue to use the Your Move website, the changed Terms of Use will apply from the time they were changed. The changed Terms of Use will replace any previous Your Move website Terms of Use.

2.6 Privacy

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

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

The collection and use of the information a user enters into the Your Move Journey Planner (powered by SkedGo) and the information the Journey Planner provides to the user is subject to the SkedGo terms of use (see link - https://skedgo.com/home/terms-of-use/ )

2.7 We may change or withdraw the Your Move website

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

Change the Your Move website (including its content and how it works);
Change how and when the Your Move website is available; or
Suspend or discontinue the Your Move website (in whole or in part).

2.8 We can cancel your access to the Your Move website

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

Terminate, suspend, restrict or disable your access to or use of the Your Move website; or
Change who can use the Your Move website.

This could be because you do not comply with these Terms of Use or with your legal obligations – or it could be for any other reason, including reasons relating to the Department of Transport's internal operations.

If your access to the Your Move website is terminated or suspended, you can still interact with the Department of Transport in other ways (for example, by mail, telephone and email). Please visit the Contact Us page for more information.

3. Using the Your Move website

3.1 Use the Your Move website only for interacting with the Dept of Transport’s Your Move program

You must use the Your Move website in accordance with these Terms of Use solely for lawful purposes and to interact with the Department of Transport’s Your Move program.

3.2 Don't use the Your Move website for other things

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

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

3.3 Using the Your Move website in the right way

You must:

Security measures: not attempt to bypass or undermine any security measures in respect of the Your Move website or any technology they use;
No automation: not access or use the Your Move website using automated means (whether or not including the use of bots or artificial intelligence);
No harming the system: not use (or misuse) the Your Move website in any way that may impair the functionality of the underlying systems or technology used by the Your Move website or impair the ability of any other user to access or use the Your Move website;
No harming others: not use the Your Move 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;
No avoiding payment: not use the Your Move website in a manner that does, or is designed to, avoid paying required fees and charges for Department of Transport services;
No unauthorised access: not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don't need in order to use the Your Move website in accordance with these Terms of Use; and
Laws and policy: comply with applicable laws, regulations and Department of Transport usage policies that are in force when you access the Your Move website.

4. Limitations of the Your Move website

4.1 Disclaimer

Information is presented on the Your Move 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 Your Move website. However, we do not guarantee its accuracy – for example, changes in circumstances after publication may impact its currency and relevance.

Accordingly to the fullest extent permitted by law, you release the State of Western Australia and its officers and employees from liability (including in respect of negligence) for any loss, damage, cost and expense caused by use of or reliance on this website and the information contained on it, including without limitation:

Information capable of identifying children;
Identifiable images of website users;
Fraudulent or misleading information posted to the website, including information posted by persons misrepresenting themselves to be valid users of the Your Move website;
Posting to the website of links to inappropriate external content;
Comments posted to the website that bully, harass, intimidate, insult, troll, prey upon or otherwise defame or disparage other users;
Comments posted to the website that disparage the DoT, State Government, employees of the DoT or State Government;
Injuries to person or property, including economic loss, resulting from the breach of user electronic security or password, identity theft, or receipt or transmission of any computer virus, malware, spam, etc;
Injuries to person or property, including economic loss, resulting from participation in any activity promoted on the Your Move website, including as the result of a breach of user electronic security or password or receipt or transmission of computer virus, malware, or spam;
Any losses, including economic loss, arising from reliance on any information provided to you on this website;
The allocation or distribution of reward points to users of the website; or
Any defect in products or services distributed to website users on the basis of reward points.

The State of Western Australia Government has no control over the content of material accessible on any non-Western Australian Government site that is referenced from this website. It is your responsibility to make your own decisions about the suitability, relevance, accuracy, currency, reliability and privacy practices of any external websites referenced from this website.

4.2 No warranties other than those required by law

The Your Move 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 Your Move website;
Accuracy, reliability or use without interruption, of the Your Move website;
Non-infringement of third-party rights (including intellectual property rights); or
Anything else to do with the Your Move website or any associated services.

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

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

4.3 Errors and interruptions

The Department of Transport is not responsible for:

Making sure Your Move website is error free;
Ensuring any defects with Your Move website will be fixed; or
Ensuring that you have continuous access to Your Move website.

4.4 Third party technologies

The Your Move website uses technology and services that are provided by third parties. The technology and services may not always work as expected. As with the other aspects of the Your Move website, the Department of Transport is not responsible for the operation of those technologies and services, or for making sure they are error-free.

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 Your Move 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 Your Move website is at your own risk

If the Your Move 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 Your Move website; or
Any automated translation or other automated services you use in connection with your use of the Your Move 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 Your Move website, or any unauthorised use of the Your Move 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 Your Move website.

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

8. Intellectual property rights

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

You have a licence to use these for the sole purpose of using the Your Move 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 Your Move 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 Your Move 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 Your Move 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.

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