Welcome to the HazardWatch Terms of Use

Disclaimer

This disclaimer sets out the more important things to know about the limitations of the HazardWatch Web App and the information you may receive from the Emergency Services Agencies. However, you should read the HazardWatch Web App terms and conditions to understand fully the limitations of the HazardWatch Web App.

As information and warnings displayed in the HazardWatch Web App rely on data provided by the Emergency Services Agencies, information and warnings supported by the data will not be displayed if provision of the data ceases, is suspended, interrupted, or otherwise affected.

HazardWatch Web App provides warnings and information about a flood or a fire event or such other hazards about which the Web App provides warning and information from time to time (“Hazard Event”) currently occurring within NSW and such other State or Territory as may be added from time to time. To do this, your device needs to receive data over the internet. During a Hazard Event, internet access may be unreliable and telecommunication systems may fail. In a situation like this, you may not receive information.

Use a variety of sources including media, social media, official warning websites and services to stay up to date on events in your location. Use your own knowledge and experience to maintain awareness of the hazard situation in your location.

It is recommended that you have a Hazard Event plan and decide well before a Hazard Event affects your area, what action you'll have to take. Discuss with your family what you will do, where you will go, and what you will take. Visit the relevant Emergency Services Agency's website for information and advice on making your Hazard Event plan, and to view current Hazard Event information in NSW and such other State or Territory as may be added from time to time.

HazardWatch Web App Terms and Conditions (“Terms of Use”)

1.
Introducing the HazardWatch Web App
1.1.
Welcome to the HazardWatch Web App.
1.2.
The State of New South Wales (acting through the NSW Department of Customer Service (DCS or We)) makes this Web App available for use by the public.
1.3.
This Web App enables a user to receive warnings and guidance concerning current or imminent hazards at locations which are listed and/or displayed on a map. This Web App is designed for use through a web browser.
1.4.
As this Web App does not currently enable setting up an account, You can use the Web App without a log in but it has limited functionality, as You will not be able to save settings for the Web App for future use.
1.5.
We reserve the right to limit or withdraw access to this Web App or any of its features at any time including (but not limited to) for security reasons or to perform maintenance.
1.6.
We may add to, change or discontinue this Web App wholly or partially at any time without notice and are not obliged to further develop it. Neither We nor the Emergency Services Agencies will be liable for any such addition, change, discontinuation, or cessation of development, or the removal of, or disabling of, access to any element or feature of this Web App.
1.7.
By accessing and using this Web App, You agree to be bound by these Terms of Use. If You do not wish to accept these Terms of Use You should not access and use this Web App. If You no longer wish to use this Web App, You should cease using it immediately.
1.8.
Clause 8.1 of these Terms of Use lists words or expressions with a defined meaning as well as rules for interpreting these Terms of Use. However, clause 8.1 is not exhaustive and there may be other clauses which give words or expressions a defined meaning.
2.
Proprietary rights and licence
2.1.
Subject to clause 2.2, DCS is responsible for management of, and has the right to use, all trademarks, copyright, database rights and other intellectual property rights of any nature in this Web App together with the underlying software code. Subject to these Terms of Use, We grant You a personal, royalty-free, non-exclusive, non-transferable, limited and revocable licence to use this Web App for personal non-commercial use on a compatible device. Any other use of this Web App (in whole or part) is prohibited, including but not limited to You or a person on Your behalf:
(a)
making or distributing copies of the software underlying this Web App;
(b)
reselling, altering, modifying, reverse engineering, disassembling, decompiling, transferring, exchanging, translating, or creating derivative works of such software; or
(c)
attempting to do any of the things in clauses 2.1(a) or 2.1(b).
2.2.
To the extent that this Web App includes any open source software, We make such software available to You on the terms of the relevant open source software licence. You acknowledge that if a provision of such licence expressly conflicts with a provision of these Terms of Use, the provision of such licence prevails over the provision of these Terms of Use.
3.
Accessing this Web App
3.1.
As this Web App currently does not have an account feature to allow settings to be saved, You can use this Web App without a log in, but it will have limited functionality as outlined above (clause 1.4).
3.2.
You agree that:
  • (a) You will not sell, assign, or otherwise transfer any rights You have in relation to this Web App;
  • (b) Neither We nor the Emergency Services Agencies will be liable for any loss or damage that You or any third party may suffer, howsoever caused, as a result of Your failure to comply with Your obligations in these Terms of Use;
  • (c) You will not abuse, interfere with or disrupt this Web App service; and
  • (d) You will not deface, remove, obscure or otherwise interfere with any branding, logo, trademark, or legal notice which We use or publish relating to the Web App.
4
Your information
4.1.
DCS collects and stores information when you use this Web App. This includes technical data and related information, but is not limited to technical information about Your device, system and application software and peripherals, which is gathered periodically to facilitate the provision of software updates and product support and improvement related to this Web App.
4.2.
DCS may use this information, as long as it is in a form that does not personally identify you, to improve this Web App. DCS may disclose that information to the Emergency Services Agencies and DCS’ contractors and agents to assist in maintaining or improving this Web App.
5
Intellectual Property
5.1.
You do not have any right, title or interest in or to any proprietary rights (including intellectual property rights) relating to this Web App, the information contained in it, or data obtained through using it. You will not reproduce information or data obtained by using this Web App except where such reproduction is for Your own personal non-commercial use in accordance with these Terms of Use.
6
Limitation of liability and Disclaimer
6.1.
DCS is providing this Web App to You “as is” and You are using this Web App at Your own risk.
6.2.
Information in this Web App is general in nature and current at the date of publication but changes in circumstances after that date may affect the accuracy of the information.
6.3.
DCS does not warrant or represent that the information or material in this Web App, or accessible through its use, is free from errors or omissions, or that it is exhaustive. You should exercise Your own skill and care relating to the use of that information or material. You must not assume that that information or material will be suitable for any particular purpose that You had in mind when using it.
6.4.
Users of this Web App should not rely solely on the information provided in this Web App. You should use a number of sources, including the website of the emergency services organisation of the state or territory where You are, any information line and media, and should assess their relevance and accuracy.
6.5.
Information and warnings on current hazards are sourced from or based on data from the databases of various third parties. Information and warnings supported by the data will not be displayed if provision of the data ceases, is suspended, interrupted or otherwise affected. Information and warnings are not ‘real-time’ information and only generally indicate current hazards. For example, the spatial location of a hazard and update times for the hazard may differ from the ‘real-time’ details of the hazard.
6.6.
In no event will We or the Emergency Services Agencies be liable for any for any loss, damage, cost or expense whether direct, indirect, consequential or special, whether in contract, tort (including negligence), strict liability, product liability, or on any other legal basis arising out of:
  • (a) access to or use of, or any inability to access or use this Web App;
  • (b) unauthorised access to, or alterations of, Your transmissions or data; or
  • (c) use or reliance on information or material in this Web App, or accessible through its use, and whether caused by reason of any error, omission or misrepresentation in such information or material or otherwise.
6.7.
To the fullest extent allowable by law, We and the Emergency Services Agencies disclaim all warranties and conditions, whether express or implied, including any warranties or conditions that this Web App is reliable, non-infringing or error-free, or that Your use of it complies with applicable laws or any information You enter into it will be transmitted successfully, accurately or securely.
6.8.
Certain State and Commonwealth legislation, including theCompetition and Consumer Act 2010 (Cth) and theAustralian Consumer Law, imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms of Use do not purport to exclude any statutory rights available to You and must in all cases be read subject to those statutory provisions.
7.
Your Indemnity
7.1.
You will indemnify Us and the Emergency Services Agencies if We or the Emergency Services Agencies suffer any loss or damage or incur any costs in connection with Your breach of these Terms of Use or any other legal obligation due to Your use of this Web App or Your conduct on third party sites through Your use of this Web App.
8.
Other things You should know
A.
Definitions and interpretation
8.1.
In these Terms of Use, unless the context indicates otherwise:
(a)
the following words and expressions have the meanings set out below:

“Emergency Services Agencies” means NSW SES, FRNSW, and such other NSW Government agencies, State or Territory Government agencies, or partner agencies, as may be added from time to time without notice;

“FRNSW” means Fire and Rescue NSW;

“NSW SES” means the NSW State Emergency Service;

“Personal Information” has the same meaning as in the Privacy and Personal Information Protection Act 1998 (NSW);

“Web App” means the DCS HazardWatch Web App that provides warnings and information for flood, fire and such other hazards about which the Web App provides warnings and information from time to time, to be used on compatible devices, and includes the software underlying such service and any upgrades or modifications of such software from time to time;

“You” means the person who uses this Web App and includes Your legal personal representative, successor in title, and permitted assignees, as the circumstances may require.
(b)
the following rules of interpretation apply:
(i)
A word or expression indicating one or more genders includes every other gender;
(ii)
A word or expression in the singular form includes the plural form and vice versa;
(iii)
Where a word or expression is defined, other parts of speech and grammatical forms of the word or expression have corresponding meanings;
(iv)
A reference to legislation (including subordinate legislation) includes the legislation in force for the time being, as amended, replaced or consolidated;
(v)
Headings used in these Terms of Use are for convenience only and must be disregarded in interpreting these Terms of Use;
(vi)
Expressions such as “including” or “for example” are illustrative only and do not affect the generality of a provision;
(vii)
A reference to a department, agency or organisation includes, if it ceases to exist, is reconstituted, renamed or replaced, or its powers or functions are transferred to any other department, agency or organisation - any such department, agency or organisation established or constituted in its place or succeeding to similar powers or functions.
B.
System Requirements
8.2.
In order to use this Web App, You must have a compatible mobile device, web browser, Internet access and the necessary minimum specifications (System Requirements).
8.3.
The System Requirements may be amended from time to time.
C.
Suspension or termination
8.4.
These Terms of Use are effective until terminated by You or Us or they terminate in any of the circumstances set out in these Terms of Use. Your rights under these Terms of Use will terminate automatically if You fail to comply with any of those terms. Termination does not affect any rights or remedies which have accrued to You or Us before termination.
8.5.
We may suspend or terminate Your use of this Web App without notice at any time, including (without limitation) if We suspect that this Web App is being accessed or used otherwise than in accordance with these Terms of Use. Upon any termination, (a) the rights and licences granted to You under these Terms of Use shall terminate; and (b) You must immediately cease all use of this Web App.
8.6.
These Terms of Use terminate on the discontinuation of this Web App.
D.
Changes to these Terms of Use
8.7.
We may change these Terms of Use at any time by updating them on the website relating to this Web App. Your continued use of this Web App after any such change will be taken to be an acceptance of such change. We may, however, also require You to confirm Your acceptance of changes to continue using this Web App.
E.
Severability
8.8.
If any provision or part of any provision of these Terms of Use is deemed invalid, this will not affect the validity of the remaining provisions or the remaining part of the affected provision of these Terms of Use, which will remain in full force and effect.
F.
Waiver
8.9.
A failure by Us to assert any right under these Terms of Use will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.
G.
Assignment
8.10.
You cannot assign or otherwise transfer any of Your rights granted under these Terms of Use without Our prior written consent. We can assign or otherwise transfer any of Our rights under these Terms of Use at any time.
H.
Links
8.11.
Any links to third party sites appearing in this Web App are provided for Your convenience only. Your access of third party sites using these links is done at Your own risk.
I.
Applicable law and jurisdiction
8.12.
These Terms of Use are governed by, and will be construed according to, the laws of the State of New South Wales. By using this Web App, You irrevocably submit to the jurisdiction of the courts of the State of New South Wales and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to these Terms of Use.
J.
Mobile data
8.13.
The terms of agreement with Your mobile network provider or internet service provider (both“Provider”) apply when using this Web App. You are responsible for any charges by Your Provider for network connection services and any third party charges which may arise while using this Web App.
8.14.
If You are not the owner of, or payer of the Providers’ bills (Bill Payer) relating to the device used to access this Web App, You warrant that the owner or Bill Payer has authorised You to use the device to access and use this Web App.
K.
Availability
8.15.
We will make reasonable efforts to make this Web App available at all times but are not responsible for any unavailability. In particular, as this Web App is provided, and exchanges data, over mobile networks and/or the Internet, the functioning and availability of this Web App may be affected by communication system failures or other factors outside Our reasonable control.
8.16.
Any support or maintenance for this Web App will be undertaken at DCS's absolute discretion.
L.
Entire agreement
8.17.
These Terms of Use contain the entire understanding between You and Us and supersede all prior representations, agreements, statements and understandings, either verbal or in writing.
M.
Contact Us
8.18.
If You have any questions, complaints or claims with respect to this Web App, please direct them to Us as follows:
The Department of Customer Service
McKell Building, 2-24 Rawson Place, Sydney NSW 2000
e:support@hazardwatch.gov.au
N.
Acknowledgements
8.19.
The Emergency Services Agencies have made their data available in the provision of this Web App.