Terms & Conditions
National Level Crossing Portal User Terms
- The purpose of the National Level Crossing Portal (NLXP) is to provide access to level crossing data to support decision making related to safety management and investment. It is not intended to meet all of the analysis requirements of end users.
- Use of and access to the NLXP
- The NLXP and the data contained therein must only be used for the purpose for which you have been approved (i.e. as a, rail infrastructure manager rolling stock operator, member of a level crossing committee or an association), and must not be used for any other purpose.
This means the data you access must only be used to inform safety improvement related decisions that are within the purview of the organisation, committee or association you are representing, for example if you have been provided access as a member of a level crossing committee member, the data accessed must only be utilised to fulfill the role of the committee and not in your capacity as an employee of a rail organisation. If you are in any doubt about this authorised purpose, you should check with your organisation’s key contact, or in their absence, ONRSR via the NLXP helpdesk.
- The accessibility and operation of the NLXP relies on internet technologies outside ONRSR’s control. ONRSR does not guarantee continuous accessibility, uninterrupted or error free operation of the NLXP.
- ONRSR will not be liable for any loss, damage, cost or expense resulting from any delay in access, operation, transmission, communications failure, internet access difficulties or malfunctions in equipment or software.
- You may not decompile, reverse engineer, disassemble, sell, sublicense, or create derivative works from the NLXP or copy the NLXP.
- You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the NLXP, except to the extent permitted above.
- Any unauthorised use of the NLXP or the information contained therein is prohibited.
- NXLP accounts that are inactive for 18 months or more will have their access revoked.
- ONRSR and the National ALCAM Committee does not provide or agree, by provision of the NLXP, to attempt to define a ‘safe’ or acceptable level of risk, or what may or may not be ‘safe’, so far as is reasonably practicable.
- Login and password
- You must keep your user ID and password secure at all times. You must not disclose your password to, or share it with, others.
- You must maintain the confidentiality of your password at all times. You and/or your organisation will be responsible for all activities that occur through the use of your password.
- Unauthorised use and allocation of passwords may lead to revocation of access to the NLXP for you and/or your organisation.
- If you become aware that your password details have been compromised or are known by a third party or there has been unauthorised use of your account- you must immediately tell your organisation’s administrator and contact the ONRSR NLXP helpdesk.
- You, or the organisation's key contact, must advise the ONRSR NLXP helpdesk if access to the NLXP is no longer required, for example if a user changes positions or leaves the organisation. This advice must be provided within seven days.
- No reliance
- The NLXP and the information contained therein is not intended to and does not constitute legal advice.
- Because the source data comes from multiple providers, ONRSR cannot warrant or guarantee the accuracy and completeness of the respective data contained in the NLXP, its content and its outputs. ONRSR bears no responsibility or liability whatsoever for any errors, faults, defects or omissions in that information.
- While every precaution has been affected to ensure fidelity has been maintained. Your use of information contained in the NLXP and its Content and outputs, you accept responsibility and thus it is advised that you undertake appropriate due diligence.
- Breach of terms and conditions
- If you breach any of these terms and conditions, you must:
- Immediately advise your organisation’s key contact of that breach who will advise ONRSR as soon as practicable after being informed; or
- If 6a(i) cannot be complied with, advise ONRSR directly via the NLXP helpdesk;
- Immediately stop using the NLXP;
- Do not attempt to use the NLXP again until your organisation’s key contact or ONRSR advises that you can.
- NLXP Security
- While ONRSR has taken precautions to ensure the security of the NLXP, ONRSR does not accept liability for the security, integrity or confidentiality of any data accessed; or other communications made through the NLXP;
- Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, ONRSR makes no warranties that this NLXP is free of infection by computer viruses or other unauthorised software. ONRSR will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).
- Privacy, Confidentiality and Disclosure
- ONRSR, as part of the role of hosting the NLXP, complies with the Privacy Act (Cth) 1988 and only those staff that are providing technical services required to operate and maintain the NLXP will have full access to the data contained within. Use of this data by such staff will be for NLXP operation and maintenance reasons only.
- The data contained in the NLXP is not covered by section 244 of the Rail Safety National Law, as ONRSR will only have an automatic regulatory access to the aggregate data, and no immediate right of access to all the data that resides in the NLXP for the purposes of Freedom Of Information requests.
- Release and Indemnity
- You hereby release, ONRSR and its employees, contractors and agents from all losses, damages, costs, expenses, actions, claims, suits or demands (including consequential loss) arising out of or in connection with:
- your use of or access to or reliance on the NLXP and the information contained therein and outputs;
- any negligence, fraud, error or other wrongful act or omission by you or your employees, contractors or agents’ subcontractors or of any other persons for whose acts or omissions you are vicariously liable;
- any death, personal injury or damage to property in connection with the supply or use of the NLXP;
- any computer viruses or other defects or any damage to your computer or software or data damaged by any virus which might be transmitted or activated electronically;
- any incorrect, out-of-date or incomplete information provided to you or the failure to provide information to you; or
- a failure by you to use or correctly or accurately interpret information supplied to you through the NLXP.
- To the fullest extent permitted by law ONRSR will not be liable to you for any direct, indirect, consequential, exemplary, incidental, special losses or damages, (including without limitation, loss of business opportunity, loss of profit, loss of revenue, loss of production, loss of goodwill or loss of data) arising out of or in connection with your use of the NLXP.
- To the extent permitted by applicable laws, any liability incurred by ONRSR in relation to NLXP (including any warranty, guarantee, conditions or representation that cannot be excluded under any applicable law) is limited to, at ONRSR’s option, the resupply of the NLXP information or the supply of equivalent services.
- Warranties and Applicable Laws
- Except as specified in these Terms and Conditions, ONRSR gives no implied or express warranties in relation to the use of the NLXP. All statutory warranties are, to the fullest extent permitted by Law, expressly excluded.
- Use of the NLXP and these Terms and Conditions are governed by the laws of the State of South Australia.
- Site visit information
- A record of your visit, will be stored by ONRSR, may include the following information for statistical purposes - the user's IP address, the date and time of the visit to the site, the pages accessed and documents downloaded, and the type of device, browser and operating system used. No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect our logs or those of our service provider.
A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies ONRSR use do not identify individual users, although they do identify the user's internet browser, hardware device and IP address.
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