Terms of Use – WAIPS Portal

Welcome to the Department of Jobs, Tourism, Science and Innovation’s (JTSI) online portal, the WAIPS Portal. These terms and conditions (Terms of Use) apply to the access and use of the Portal. By using the Portal, you agree to be bound by these Terms of Use. You cannot use the Portal if you do not agree to these Terms of Use.


Definitions

In these Terms of Use:

  • Agency Account means a registered account for the Portal that is for a Government Department, Agency, Statutory Authority or Government Trading Entity.
  • Department, Department of Jobs, Tourism, Science and Innovation, JTSI, We, Us, Our all mean the Department of Jobs, Tourism, Science and Innovation (the lead agency for the Western Australian Jobs Act 2017 and WAIPS).
  • Material means any information, text, logo, image, document, file or other data provided on the Portal by the Department.
  • Submissions refer to Participation Plans, Participation Plan Reports, Exemption Requests and Exemption Reports lodged via the Portal.
  • Supplier Account means a registered account for the Portal that is for a company, body corporate or other non-governmental organisation.
  • Terms of Use means these terms and conditions.
  • User Account means your personal registered account for the Portal.
  • WAIPS refers to the Western Australian Industry Participation Strategy.
  • WAIPS Portal, or Portal refers to the Department’s website accessible at waipsportal.wa.gov.au.
  • You or Your means you as the person accessing the Portal.

License to Use

  • You agree to use the Portal only for lawful purposes and in accordance with these Terms of Use.

User Accounts

Agency

  • To access certain features of Our Portal, You are required to register for an account. You are responsible for maintaining the confidentiality of Your account information and for all activities that occur under Your account. You must keep your password secure at all times.
  • You agree to provide accurate and complete information when creating a WAIPS Portal account and to retain, maintain and promptly update that information in the event of any changes.
  • By registering for an Agency account for a particular Agency, you warrant that you are a member of that Agency or have the consent of the Agency to set up a User Account for that Agency.
  • By registering to use the WAIPS Portal as an 'Agency', You must:
    • provide an active and valid email address.
    • not share Your login details, including password, with anyone.
    • agree to notify the Department immediately of any unauthorised use of Your password or email account or any other breach of security related to Your User Account.

Supplier - Company, Corporate Body, or Organisation

  • By registering a supplier account with the WAIPS Portal as a company, corporate body, or organisation, You:
    • agree that You are an authorised representative of the company, corporate body, or organisation. You represent that You have authority to accept these Terms of Use on behalf of the company, corporate body, or organisation, and your authority must not have been revoked.
    • agree to keep your password secure at all times.
    • agree to provide an active and valid email address.
    • agree to provide Your name and contact details.
    • agree to provide an Australian Business Number (ABN).
    • agree to restrict login details, including passwords, to only authorised personnel or representatives of the company, corporate body, or organisation. The Department will not be responsible for any unauthorised access to a Supplier Account.
    • agree to notify the Department immediately of any unauthorised use of Your password, email account, or any other breach of security of Your User Account or Supplier Account.
    • accept that all authorised personnel will have full access to all information available through the Portal.
  • The Department reserves the right at any time to modify, restrict, or discontinue Your access to the Portal (or any part), with or without notice, temporarily or permanently, without liability to You or Your company, corporate body, organisation, or its members.

Agreement

  • By registering a User Account or Supplier Account for the WAIPS Portal, You acknowledge that You have read, understood, and agree to comply with these Terms of Use.
  • You will use the Portal only for purposes that are permitted by the Terms of Use and any applicable laws, regulations, rules, generally accepted practices, or guidelines in the relevant jurisdictions.
  • You will notify the Department immediately following any unauthorised use of your User Account or any other breach of security.
  • You will not impersonate another person or use the registered User Account or password of another person at any time.
  • Access and use of the Portal is limited, non-exclusive, and non-transferable and allows for the sole use of the Portal by You for its intended purpose.

Use Restrictions

  • You agree NOT to:
    • use the Portal in any way that violates or contradicts any applicable regulations, legislation or any other applicable laws.
    • use the Portal to transmit any viruses, worms, or other malicious code
    • interfere with or disrupt the operation of the Portal or servers or networks connected to the Portal.

General Notices / Email Alerts

By registering for a User Account for the WAIPS Portal, You acknowledge and agree:

  • to receive communication relating to You electronically.
  • that the Department is not responsible for non-receipt of documents such as reminders or notices once sent to You by the Department by email.
  • to regularly check Your mailbox and ensure Your mailbox is not 'full.'
  • to ensure Your mailbox can receive documents such as Submissions in portable document format (PDF).
  • to check that emails and notifications from the Department are not filtered into Your junk mail.

User Conduct and Use of Materials

As a condition of use when accessing the WAIPS Portal, You must:

  • only use the Material for work or informative purposes.
  • not modify or use the Material improperly, or present it as Material of the Department without prior written consent.
  • not use, post, or transmit via the Portal any content that breaches any applicable laws or regulations, including privacy laws.
  • not interfere with other users or defame, harass, threaten, or incite racial hatred.
  • not send unsolicited email messages or make fraudulent enquiries via the Portal.
  • not attempt to undermine the security or integrity of the Department’s computing systems, networks, databases, or platforms.
  • not attempt to gain unauthorised access to any Materials beyond those to which You have express permission to access.

Intellectual Property

  • All content included in or made available through the WAIPS Portal, such as text, graphics, logos, button icons, images, and data compilations, is the property of the Department or its content suppliers and is protected by applicable intellectual property laws.
  • You may not modify, reproduce, distribute, or create derivative works of any Material on our Portal, except as permitted by law for your personal and non- commercial use.

Privacy Policy

  • The Department operates within a public accountability framework and is subject to the Freedom of Information Act 1992 which provides a general right of access to records held by Western Australian State and Local Government agencies.
  • You should be aware that information pertaining to the WAIPS may be tabled in the Western Australian Parliament. This information could include names of contracts, the contract value, the name of the supplier and, possibly, a brief description thereof.
  • This could result in requests for more detail on WAIPS and the WAIPS Portal to be released publicly.
  • Additionally, any personal information we collect through this website may be used or disclosed for the primary purpose for which it was collected, for example to allow us to answer your enquiry or accept your Submission. We may also use or disclose personal information for related purposes, for example where you have consented to the use or disclosure for the related purpose or you would reasonably expect the personal information would be used for that related purpose.
  • In some limited circumstances we may also need to use or disclose personal information for other specific purposes, including:
    • where the Western Australian Government reasonably determines that the use or disclosure of the information is necessary for one or more enforcement related activities conducted by or on behalf of an enforcement body;
    • where required by or under a law of Western Australia, a law of the Commonwealth or a court or tribunal order, for example pursuant to the Freedom of Information Act 1992 or in response to a subpoena.
  • Personal information will be dealt with in accordance with the applicable legislation in Western Australia and consistent with any legal obligation.

Disclaimer of Warranties

  • The Portal is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We make no warranties or representations about the accuracy or completeness of the content provided through the Portal. Any information relating to the Portal is of a general nature only.
  • The Department may perform updates or maintenance on the Portal, which may result in temporary service interruptions.

Limitation of Liability

  • The Department and its officers and employees are released from liability (including in respect of negligence) for any loss, damage, cost and expense (regardless of whether the loss is direct, indirect or consequential) caused by use of or reliance on this website, the information contained on it and any email alerts generated from it.
  • The Department reserves the right to remove your access to the Portal in the event of a breach of any Terms of Use or due to operational necessity.

Technical Support

  • You are responsible for your own hardware, software and internet connection to use this Application.

Governing Law

  • These Terms of Use are governed by the laws applicable in Western Australia.

Changes to Terms

  • The Department reserves the right to amend, modify, or vary these Terms of Use at any time without prior notice.
  • Your continued use of the Portal following the modifications will constitute your acknowledgement and acceptance of the amended Terms of Use.

Contact Information