Terms of Use for Data NSW

1. General

The State of NSW (NSW Department of Finance, Services and Innovation (“DFSI”)) promotes the sharing and use of government data to allow members of the public to better engage with their government through the www.data.nsw.gov.au website (“Data NSW”), consistent with the NSW Government ICT Strategy.

Any person, organisation or body that uses Data NSW by any means, including by any robot, spider or other automatic device or agent, or by any manual process, is deemed to have accepted these Terms of Use.

DFSI reserves the right to amend these Terms of Use at any time without notice. Both Data NSW and users will be subject to the Terms of Use current at the time of use, as published on Data NSW.

Activity that may violate these Terms of Use should be reported to datansw [at] finance.nsw.gov.au.

2. Interpretation

These Terms of Use are governed by, and are to be interpreted in accordance with, the laws of the State of NSW, Australia. Users of Data NSW agree that the courts of the State of NSW have non-exclusive jurisdiction with respect to any matter arising from these Terms of Use or Data NSW.

If any provision of these Terms of Use is held to be invalid or unenforceable that provision may be:

  • read down to the extent necessary to make it valid and enforceable; or
  • severed and the remaining provisions of these Terms of Use enforced.

A reference to DFSI in these Terms of Use is understood to include any person or body appointed by DFSI to operate Data NSW.

The inclusion of any email addresses on Data NSW does not imply consent to receiving unsolicited commercial electronic messages or SPAM.

3. Use

Data and information obtained from or associated with Data NSW must not be used to create, send, access or store any form of data or information that:

  1. damages the good standing of Data NSW or misrepresentsData NSW;
  2. involves or could lead to victimisation, discrimination, harassment or vilification;
  3. is sexually suggestive, offensive, obscene, threatening, abusive or defamatory;
  4. is misleading or deceptive;
  5. is in breach of any Australian State or Federal law;
  6. may damage, destabilise or compromise the security of information or technology ofData NSW or any other person, business, government body or organisation (e.g. sending a virus, using password cracking tools);
  7. infringes the copyright or other intellectual property rights of any third parties;
  8. may compromise the confidentiality, security or privacy of employees, persons, businesses, government bodies or other organisations (e.g. by re-identifying previously de-identified data or making it possible for others to do so);
  9. impersonates or falsely claims to represent a person or organisation; or
  10. otherwise causes, or may cause, damage to Data NSW or impairment of the availability or accessibility of any part of Data NSW.

4. User accounts

Users agree that:

  1. he or she is individually responsible for maintaining the confidentiality of his or her password and account;
  2. he or she is individually responsible for all activities that occur under his or her password or account;
  3. he or she will immediately notify datansw [at] finance.nsw.gov.au of any unauthorised use of his or her password or account or any other breach of security;
  4. any accounts that have been inactive for an extended period of time may be permanently deleted without notice, including any files or content remaining on the account;
  5. Data NSW may preserve or disclose content on your account if:
    1. required to do so by law.
    2. in good faith such disclosure is reasonably necessary to protect the rights, property, personal safety or business interests of Data NSW, users of Data NSW or the public.
    3. in good faith such disclosure is reasonably necessary to enforce these Terms of Use or to respond to any complaints relating to these Terms of Use.
  6. technical processing of Data NSW and transmission of content, including individual user content, may involve various networks, and content may be translated to conform and adapt to technical requirements of connecting networks or devices.

5. Exclusion from Data NSW

DFSI reserves the right to determine, at its own discretion, whether a breach of these Terms of Use has occurred. DFSI may take such action as DFSI deems appropriate to deal with a breach of these Terms of Use, which may include permanently deleting any files or content on a user account and/or barring any further access by a user to Data NSW files or to Data NSW.

DFSI reserves the right to exclude any user from Data NSW at any time.

6. Liability

DFSI gives no warranty or guarantee in relation to Data NSW or in relation to any data or information provided through, linked to or associated with Data NSW in any way. DFSI accepts no liability, whether arising directly or indirectly, in relation to:

  1. Data NSW or any of the web pages or systems that comprise Data NSW;
  2. any breach of these Terms of Use;
  3. any decisions by or actions on the part of DFSI to exclude Data NSW users or others from access to Data NSW; or
  4. any reliance for any purpose on data or information provided through, linked to or associated with Data NSW in any way; or
  5. the quality, operability, interoperability or accuracy of the data.