Wildlife Emergency App

Terms of Use

Definitions

In these Terms of Use:

Application means the Wildlife Emergency Application developed and operated by the Department of Environment, Land, Water and Planning on behalf of the State of Victoria.

Content means all text, graphics, video, information, designs, data and other content available through or arising from this Application.

We, our or us means the State of Victoria, Australia; and

You or your means the Application user who, by using the Application, accepts these Terms of Use

Application of these terms of use

Any person who uses this Application is deemed to have accepted the Terms of Use.

We may amend these Terms of Use at any time.

Disclaimer as to the use of the Application

This Application does not provide information on current bushfires and related emergency warnings. For information about current fires and for Fire Danger Ratings and Total Fire Bans you should refer to  www.emergency.vic.gov.au  and for weather forecasts and warnings the  Bureau of Meteorology.

Disclaimer as to accuracy of information

This Application is made available for the reporting of wildlife impacted by fire purposes only.

All text, graphics, information, designs, data and other content available through or arising from this Application (Content) is provided to you for this purpose.

We have taken reasonable care to ensure that the Content is correct and current at the time of publication. However, we make no warranty, either express or implied, concerning the suitability, reliability, availability, timeliness or accuracy of the Content for any purpose.

Some Content has been created by other users of the application and we do not represent or warrant that any of the Content is accurate, authentic or complete, or suitable for your needs.

In no event, will the State of Victoria, its agents, contractors or employees be liable for the accuracy of the Content nor any use or reliance placed on it.

Liability

This Application and its Content are provided entirely "as is". Except where to do so would cause any part of these Terms of Use to be illegal, void or unenforceable, we:

1. exclude all conditions and warranties implied into these Terms of Use;
2. to the fullest extent permitted by applicable law, are not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with the use or performance of the Application or any Content (including any cost, loss, liability or expense arising from death, personal injury or damage to property); and/li>
3. exclude liability (whether that liability arises under contract, tort (including negligence or statute) for any direct, indirect, punitive, incidental, special or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, property including data) suffered or incurred in connection with the use or performance of the Application or any Content.

If, despite the above provisions, a court determines that we are liable to you, that liability will be limited (at our election) to resupplying the affected service or content to you.

You must indemnify us and hold us harmless against all loss, liability, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:

1. any breach by you of these Terms of Use; or
2. any suit, claim or demand brought or made against us by or due to the conduct, act or omission of:

1. you; or
2. any person accessing the Application through your smartphone, tablet, computer or other electronic device; or
3. any person accessing the Application via a user profile that you have created, whether or not you have given the user permission to access the Application through that particular user profile.

Links to external websites

This Application provides hyperlinks to pages contained on external websites and applications. We have no control over the content of any linked website or application or the changes that may occur on those sites. It is your responsibility to make decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.

Without limiting the application of this clause, you acknowledge and agree that external navigation applications such as Google or Apple Maps may contain incomplete or inaccurate road information, particularly for remote forests roads and may direct you on a route that is not suitable for you or your vehicle.

Unless otherwise indicated, we:

• do not endorse the content of any linked website or application;
• assume no responsibility or liability for the condition or content of any linked website or application or for the operation or function of any service or facility offered on a linked website or application.

Data and system integrity

You understand and acknowledge that the internet is not a secure medium and communications to and from this site may be intercepted or altered in transit. To the extent permitted by law, we make no representation or warranty, either express or implied, that this Application will be free from viruses or any other security threats that may damage any electronic device used to access this Application.

You acknowledge that we will not be responsible for any corruption or failed transmission of any information attributable to your electronic device system or any act or omission of your internet service provider.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Application.

You acknowledge that access to this Application:

1. may not be continuous or uninterrupted at all times;
2. may be interfered with by factors or circumstances outside of our control; and
3. will use internet data for which you are solely responsible for payment of.

Copyright

Unless stated otherwise, copyright and other intellectual property rights in all Content contained in or available from this Application is owned by us or used under licence. We grant you a non-exclusive, non-transferable, revocable licence to access and use the Application.

You:

1. may only make limited copies of the Content in accordance with the Copyright Act 1968, including copies for research, study, criticism, review or news reporting; and
2. must not reproduce, adapt, modify, communicate to the public or otherwise use any Content (in particular for commercial purposes) without our prior written permission.

All trade marks appearing on this Application belong to their respective owners.

Privacy

Any personal information that this Application collects will be used by and disclosed to Victorian Government employees or contractors whose duties require them to use it in operation of or in connection with the Application. Such employees and contractors are required to protect and handle your personal information in accordance with the Privacy and Data Protection Act 2014 (Vic).

You may request access to any personal information that we may have collected about you. Also, you may request correction of your personal information if you can establish that it is not accurate, complete or up-to-date. To access or correct any personal information held by the department, please contact us by emailing foi.unit@delwp.vic.gov.au.

Applicable Law

These Terms of Use and your use of this Application are governed by the laws of Victoria, Australia, and you consent to the exclusive jurisdiction of the courts of Victoria, Australia. This Application may be accessed throughout Australia and overseas. We make no representation that the Content available through this Application complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Application from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Page last updated: 24th March 2021

DELWP general enquiries: 136 186

Vic Emergency Hotline: 1800 226 226

Deaf, hearing or speech impaired? Please contact the National Relay Service on  133 677  or  www.relayservice.gov.au

We acknowledge and respect Victorian Traditional Owners as the original custodians of Victoria’s land and waters, their unique ability to care for Country and deep spiritual connection to it. We honour Elders past and present whose knowledge and wisdom has ensured the continuation of culture and traditional practices.

We are committed to genuinely partner, and meaningfully engage, with Victoria’s Traditional Owners and Aboriginal communities to support the protection of Country, the maintenance of spiritual and cultural practices and their broader aspirations in the 21st century and beyond.