Terms & Conditions

Disclaimer

By using or accessing this Transport Accident Commission (TAC) website (Website) you agree to be bound by and abide by these terms of use. Your access to and use of this Website is also subject to the TAC's [Privacy Policy].

1.Definitions
In these terms of use:
Content means all content (including data, text, video, images, audio and other material) that is accessible to you and other users on the Website (but excludes any content that is accessible from non-TAC websites, such as via hyperlinks from the Website).

Contributions means content that is contributed by you and other users to the TAC via the Website. The TAC may (in its absolute discretion) make such content generally accessible via the Website.

2.Your use of the Website
The TAC grants you a non-exclusive and non-transferable right to access the Website and, subject to these terms of use, to:

1.submit Contributions to the TAC; and
2.view, retrieve and display Contributions (and other Content).
3.Submitting Contributions
3.1 The TAC may, from time to time, permit you to submit Contributions which you (and not the TAC) are solely responsible for, and liable for.

3.2 You acknowledge that the TAC:

1.retains the absolute discretion to determine whether Contributions should be made accessible via the Website (and without limitation, the TAC is under no obligation to use your Contributions and need not give reasons for its decision that a Contribution will not be used); and
2.may at any time, in its absolute discretion, and without liability to you:
1.edit any Contribution and make that edited version accessible on the Website; and 2.remove, alter or disable access to any Contribution or the Website generally (whether temporarily or permanently) without prior notice to you.
4.Browsing Contributions
You acknowledge that, when browsing or accessing the Website, you may be exposed to the Contributions of other users. The TAC is not responsible for, and disclaims all liability relating to, the Contributions of other users. You release the TAC from any claims that you could assert against the TAC relating to the Contributions of other users.

5.Intellectual property rights – Contributions
5.1 Your Contributions may contain:

1.content that you have created yourself (Original Material); and/or
2.content that you have sourced from third parties (Third Party Material).
IMPORTANT NOTE – You may need to obtain a licence (and often pay a licence fee) for use of Third Party Material in your Contributions. If you are unsure whether your use of particular Third Party Material requires you to obtain a licence, you should avoid using that material in your Contributions.

5.2 To the extent that your Contributions contain:

1.Original Material – you retain all intellectual property rights in that Original Material; and 2.Third Party Material – you must ensure that you have the lawful right (including all necessary licences) to grant to the TAC the licence in respect of that Third Party Material granted under paragraph 5.3 below. If we ask, you must provide us with written evidence that you have obtained all necessary licences.
5.3 You grant the TAC a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, communicate to the public, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not.

5.4 You voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by the TAC (or persons authorised by the TAC), in relation to Contributions, which would, without this consent, otherwise infringe your moral rights in those Contributions.

6.Intellectual property rights – Content
You acknowledge that all copyright, trade marks and other intellectual property rights in the Content (other than in your Contributions) are either owned by the TAC, or are licensed to the TAC by third parties. Nothing in these terms of use transfers to you any right, title or interest (including any intellectual property rights) in or to the Content.

7.Prohibited use
7.1 You must not, at any time:

1.publish, communicate or adapt any of the information or Content accessible on the Website (other than your Contributions);
2.make copies in any form of all or parts of the Content (other than your Contributions) other than as reasonably required for your personal non-commercial use;
3.adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
4.directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website; 5.remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
6.reformat or frame any part of the web pages that form part of the Website;
7.use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
8.use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party's rights or is otherwise prohibited by these terms of use.
8.Other warranties given by you
You warrant that:

1.all information you supply in connection with your Contribution (including you name and email address) is accurate in all respects;
2.if any of that information changes, you will promptly notify the TAC in writing of those changes (click [here] for contact information);
3.your use of the Website will comply at all times with these terms of use and any directions published from time to time by the TAC on the Website; and
4.you will not submit any Contributions that:
1.infringe the intellectual property or other rights of any other person;
2.are misleading or deceptive; 3.are defamatory;
4.are obscene;
5.are unlawful or encourage unlawful conduct; or
6.are inappropriate having regard to the purpose and objectives of the Website.
5.

9.Links and frames
1.Any links or frames which connect the Website to other websites are provided by the TAC for convenience only, and by accessing those linked sites, you agree to any terms of access or use imposed by those linked sites.
2.The TAC is not responsible for any content, hyperlinks or information held on other websites. The TAC does not:
1.endorse any material on those websites;
2.provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites; and
3.warrant that material on other websites will not infringe the intellectual property rights or other rights of any other person.
10.Statutory rights and exclusions and limitations of liability
10.1 The Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into these terms of use, or may give you certain non-excludable remedies against the TAC (Statutory Rights). If the TAC breaches a non-excludable term, condition or warranty, then its liability for that breach will be limited to:

1.(if the breach relates to goods) at the TAC's option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or 2.(if the breach relates to services) at the TAC's option, the supplying of the services again or the payment of the cost of having the services supplied again.
10.2 Except as expressly provided in these terms of use or as required by law (including under your Statutory Rights), the Website is provided ‘as is', and the TAC excludes all warranties, undertakings, conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Website. In particular (but without limitation) the TAC does not warrant that your access to or use of the Website will be uninterrupted or error free, or that the Website (including its Content) will be free from viruses.

10.3 Without limiting paragraph 10.2, and except as required by law (including under your Statutory Rights), the TAC will not be liable (including in negligence) for:

1.any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your access to or use of the Website (or any linked website); 2.any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Website (or any linked website).
11.Indemnity
You indemnify and hold the TAC, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred by any of those indemnified where such Loss was caused, directly or indirectly, by:

1.your access to or use of the Website; or
2.any Contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your Contribution infringes the intellectual property or other rights of any person).
12.General
12.1 The TAC may change these terms of use from time to time. However, if the TAC reasonably considers that the change is likely to:

1.benefit you or have a neutral or minor detrimental impact on you, it may change these terms of use by making such changes immediately without notifying you except by publishing these terms of use as amended on the Website; or
2.have a significant detrimental impact on you, it will make such changes to these terms of use 10 days after it has notified you of those changes on the Website's homepage.
If you do not accept a change made by the TAC to these terms of use, your only remedy (except as set out elsewhere in these terms of use) is to immediately cease accessing the Website.

12.2 The laws of Victoria, Australia, govern these terms of use and in the event that we have a legal dispute, Victorian courts will have non-exclusive jurisdiction.

12.3 These terms of use and our Privacy Policy constitute the entire agreement between us as to their subject matter, and supersede all prior or inconsistent statements or representations, whether made verbally or in writing, as to that subject matter.

Privacy

TAC is committed to protecting your privacy. Any personal information collected, handled, stored or disclosed about you through our on-line services will be managed in accordance with the Transport Accident Act 1986, Information Privacy Act 2000 and the Health Records Act 2001.

Personal information means information or an opinion that is recorded about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. (Note: while information about site visits such as IP address is not considered personal information, TAC handles such information in accordance with its Privacy Policy.)

This Privacy Statement applies to TAC's website and on-line services. It does not cover other aspects of the operations of TAC. TAC has a comprehensive privacy policy of which this statement forms a part.

TAC's role is to pay for treatment and benefits for people injured in transport accidents. It is also involved in promoting road safety in Victoria and in improving Victoria's trauma system. Collection and use of

Collection and use of personal Information
TAC will only collect and record personal information via this website if it is provided directly to us and is necessary for us to perform our functions or activities; for example TAC will need to collect personal information to send requested information, to provide a regular newsletter, or to act on feedback provided. In particular, personal information is collected in the following situations:

when you send us an email;
when you use our on-line services, such as completing a form electronically
when you register as a site user;
when you provide feedback by email or by using the feedback form on our website. Anonymity and TAC's website
Other than in the circumstances described above, TAC intends to allow people to visit its website anonymously; that is without revealing their identity.

Where people have cookies enabled, TAC may collect some information about each site visit (see Cookies and Web beacons below). However, TAC does not attempt to link this information to a particular individual.

If you do not have cookies enabled, and you do not register on the site or send an email, there will be no record of your visit to the TAC website.

Email
How the TAC will use your email address
If you give us your e-mail address, it will be recorded and used solely for the purpose for which you have provided it. It will not be disclosed, added to a mailing list or used for any other purpose without your consent.

Sending information to the TAC via email
The Internet is an insecure medium and users should be aware that there are risks in transmitting information by email. Information sent via unencrypted email may be at risk of being intercepted, read or modified. In order to protect your privacy and the privacy of others, we request that you do not send us personal information by email.

The TAC will not forward information of a personal nature by internet email. We will only forward such information by traditional means, such as post, fax or telephone, if appropriate.

If you choose to use internet email to send personal information, then the TAC can only respond where we have been provided with a postal address, fax number and/or telephone number.

Technical Information
We collect technical information through the usage of click stream data for statistical purposes. Cookies and Web Beacons are used to understand site usage and usability.

Click stream data
When you visit our on-line services, TAC makes a record of your visit. The following information, referred to as 'click stream data' in computer language, is logged by our server:

your server address;
your top level domain name (for example, .com, .gov, .au, .uk, etc);
the date and time you visited our website or completed the on-line transaction;
the pages you accessed and documents you downloaded;
the type of browser you are using; and
the address of the referring site (that is, the previous site you visited).
All of this information is collected for statistical purposes to enable us to assess the number of visitors to the different sections of our site, determine what information is most and least used and help us make our site more useful to visitors.

We do not actively seek to identify you. However, in the unlikely event of an investigation, a law enforcement agency may exercise a warrant to inspect our server's logs.

Use of Cookies
When you visit our site, our server may generate a cookie. A cookie is a small piece of information (a text file) that a web server can place temporarily on your hard drive or web browser. It is used by your browser to identify the pages that you have visited on our site. A cookie is uniquely yours and can only be read by the server that gave it to you.

TAC may assign a 'unique identifier' to a cookie so that it can tell if a visit is from a new or repeat visitor. It may also use Cookies and Click stream data to identify the pages that are viewed by the same visitors and the frequency of those visits.

Why are Cookies used?
We use cookies to understand site usage and to improve the content and usability of our sites. We do not use cookies to collect personal information. Cookies, alone, do not reveal your e-mail address or other personal information. You choose to provide this information by, for example, registering at our site. The information you provide may be linked to the data stored in the cookie.

What is a Web Beacon?
A web beacon is an often-transparent graphic image that is placed on a site (or in an e-mail) and when used in combination with cookies, can monitor the behaviour of the user visiting the site (or sending the e-mail). The type of information collected might include the Internet Protocol address of the computer that retrieved the image, the time the web beacon was viewed and for how long, the type of browser that retrieved the image and previously set cookie values. It does not identify you unless you have already identified yourself. Web beacons are also known as Web bugs, pixel tags or clear GIFs.

Google Analytics
The TAC’s websites use the Display Advertising features (Remarketing and Google Analytics Demographics and Interest Reporting) of Google Analytics, a web analytics service provided by Google, Inc. (“Google”) that uses first and third party cookies that generate information about your use of the websites and how you got there amongst other things. This allows the TAC to report on demographics for understanding the TAC’s site audiences and display advertisements viewed on the TAC’s websites as you browse third party sites on the Google Display Network using Remarketing.
If you do not wish this data to be collected with Google Analytics via the TAC’s website, you can install the "Google Analytics Opt-Out Browser Add-On" so you are not tracked into Google Analytics. By using the TAC’s websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For further information, please visit google.com/privacy.html

Security of Electronic Transmissions
We take reasonable steps to secure the information transmitted to our on-line services. However, the nature of electronic transmissions is such that there is the possibility that a third party may observe this information whilst it is in transit. You may prefer to provide information by telephone or paper mail or in person.

External Links
When accessing external links provided on our site, it is recommended that you read the site-owners' privacy statement before disclosing your personal information. We do not accept responsibility for inappropriate use, collection, storage or disclosure of your personal information outside of our site.

Access and Correction If you:

want to have access to the personal information (if any) that we hold about you;
want to know more about what sort of information we hold, for what purposes and how we deal with that information;
believe that the personal information that we hold about you is not accurate, complete and up to date; or
have concerns about your privacy rights, please contact us.
How to Contact Us
If you have concerns about privacy or questions about the TAC's privacy policy you can contact the TAC's Information Privacy Officer on 1300 654 329 or 1800 332 556.

More Detail
The TAC has a comprehensive privacy policy that deals with the collection use and disclosure of personal and health information of TAC clients. This policy is set out in the benefits and policies section on this site in your privacy and the TAC.