Any Information provided as a result of a ‘customer request’ to the https://www.transport.nsw.gov.au/data-and-research website (the Website) is owned by Transport for NSW (TfNSW, we, us, our). This agreement describes the terms that govern the use of the Information received by the user who makes a request through the Website
(you).
As a user of the Website, you must accept all of the terms contained in this agreement and our policies, including our Legal Copyright and Disclaimer, Privacy Statement and Privacy Policy (Policies). You agree that the Policies, which may change from time to time, form part of this agreement and are collectively referred to as the "Terms". By requesting Information you accept this agreement and you agree to be bound by all Terms.
We may vary or modify the Terms from time to time. Any subsequent request for Information, or use by you of any subsequent Information provided will constitute acceptance of these Terms.
In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.
ACCESS TO INFORMATION
Where we provide you access to information for the TfNSW approved purposes that you identify including a number of datasets that are owned by TfNSW or other public transport agencies (Information). We may change the Information and suspend, terminate or restrict access at any time.
This Information is only available to persons and entities who are capable of forming legally binding contracts under applicable law. Your rights are not transferable, unless otherwise agreed by us.
OBLIGATIONS
You must not:
use the Information for any activities which breach any laws or regulations or infringe any third party rights;
use the Information for fraud or any misleading or deceptive conduct; or
tamper with, hinder the operation of or make unauthorised modifications to the Information.
INFORMATION AND CONTENT
The content and format of the Information may be changed by us at any time, without notice, in our discretion.
The Information may include parts that are owned by us or other public transport agencies. You acknowledge and agree that access to such Information will be governed by the terms of Creative Commons Attribution 4.0 International Public Licence details of which are provided to you when you received the Information, unless otherwise advised (Licence). You agree to comply with the terms of the Licence or the applicable licence (as advised) and that a breach of the Licence or the applicable licence (as advised) will be deemed to be a breach of these Terms.
The Information may include information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.
SECURITY
We do not guarantee the security of the Information. We do not warrant that access to the Information will be error free, that defects will be corrected, or that the Information is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
INTELLECTUAL PROPERTY
All intellectual property rights in the Information provided will remain vested in us (or the relevant public transport agency).
Subject to your rights to access the Information in accordance with the Licence or the applicable licence (as advised), you may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public.
You are not permitted to use or reproduce any logos or trademarks of TfNSW or any other public transport agency in connection with the
You must attribute us (or the relevant public transport agency) as the owner or licensor of the Information accordance with the Licence or the applicable licence (as advised). However, you must not use the Information in a way that suggests any official status or that we or any other public transport agency endorse you or your products or use of the Information.
You must comply with all applicable privacy laws in connection with your use of the Information provided.
LIMITATION OF LIABILITY
The terms of this clause 8 apply in respect of access to or use of the Information.
To the extent permitted by law:
we give no warranties, and you have no other rights, apart from those, if any, expressly set out in the Terms or available under legislation; and
all implied conditions, guarantees, warranties and rights are excluded.
To the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the Information provided.
Subject to clauses 8(b) and 8(d), we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
indirect or consequential loss or damage; or
loss of profits, reputation, goodwill, customers, software or data, whether of a direct, indirect or consequential nature.
Subject to this clause 8, our (including our employees or agents and other transport agencies) total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any loss or damage arising out of any breach or other act or omission to you in connection with these Terms will not exceed $250.
TERMINATION AND SUSPENSION
If you fail to abide by or otherwise breach the Terms in any way, we may immediately without notice or liability to you suspend, limit or terminate your use of the
If we suspend, limit or terminate your use of the Information, you must not attempt to access or use the Information in any way whatsoever.
Upon termination of your access and / or use of the Information, you must:
discontinue any and all use of the Information;
not in any way whatsoever attempt to access or use the Information; and
confirm in writing that you have deleted or destroyed the Information held by you or in your documentation or files.
MISCELLANEOUS
The Terms record the entire agreement between you and us, and supersede all previous negotiations, understandings, representations and agreements, in relation to its subject matter.
Except as specifically permitted under this agreement, these Terms cannot be amended except in writing signed by you and us.
If any part of the Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
Any failure or delay by us to exercise or enforce the Terms does not waive our rights to enforce the Terms.
The Terms are governed by and will be construed in accordance with the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
