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Terms of Use and Privacy Policy

 

We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun.  Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the WestlandSettlements.com.au Web site means that you accept those changes.

THANKS AGAIN FOR VISITING!

 

Restrictions on Use of Our Online Materials

 

All Online Materials on the WestlandSettlements.com.au site are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and all other intellectual property are protected by US and/or International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of WestlandSettlements.com.au or of other owners used with their permission. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the WestlandSettlements.com.au site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by WestlandSettlements.com.au or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

 

All remarks, suggestions, ideas, graphics, comments, or other information that you send to WestlandSettlements.com.au through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our WestlandSettlements.com.au mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

 

WESTLANDSETTLEMENTS.COM.AU WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

  • USE OF (OR INABILITY TO USE) THE SITE

  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE

  • FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED

  • ERROR ON OUR SITE

  • OMISSION ON OUR SITE

  • INTERRUPTION OF AVAILABILITY OF OUR SITE

  • DEFECT ON OUR SITE

  • DELAY IN OPERATION OR TRANSMISSION OF OUR SITE

  • COMPUTER VIRUS OR LINE FAILURE

  • PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:

    • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY

    • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")

    • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")

  • WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

  • EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

 

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Links to Other Sites

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a WestlandSettlements.com.au-operated site or have moved to another site. WestlandSettlements.com.au is not responsible for the content or practices of third party sites that may be linked to our site. When WestlandSettlements.com.au provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that WestlandSettlements.com.au is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any WestlandSettlements.com.au site or endorsement, sponsorship or support of WestlandSettlements.com.au, including its respective employees, agents or directors.

Termination of This Agreement

 

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all WestlandSettlements.com.au Web site, along with all related documentation and all copies and installations. WestlandSettlements.com.au may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And WestlandSettlements.com.au is entitled to terminate all or any part of any of its Web site without notice to you.

Jurisdiction and Other Points to Consider

 

If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the the State of   Western Australia, Australia as it is applied to agreements entered into and to be performed entirely within such jurisdiction. 

To the extent you have in any manner violated or threatened to violate WestlandSettlements.com.au and/or its affiliates' intellectual property rights, WestlandSettlements.com.au and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Western Australia, Australia, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Western Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through.

PRIVACY ACT

 

WESTLAND SETTLEMENT SERVICES PRIVACY AND DATA RETENTION POLICY

Westland Settlement Services endeavours to meet the required standards to protect your personal information in accordance with the requirements of the Privacy Act 1988 (Cth).

PERSONAL INFORMATION

Westland Settlement Services will not normally collect any information about you unless you have given us authority to do so. We will generally collect your name, telephone number, email address, postal address, verifiable data and bank account details. In most cases this information will be collected directly from you. However, in some cases information may be collected from your Real Estate Agent, Financial Broker, Bank or other third parties. In every case we will endeavour to obtain your authority before obtaining this information. Personal information will only be required from you if you engage Westland Settlement Services to act as your settlement agent. The information obtained by Westland Settlement Services will be used for the purpose of completing settlement of your property on your behalf.

SECURITY OF THE INFORMATION

Westland Settlement Services maintains strict procedures to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. We also use secure methods to destroy or re-identify personal information we no longer require as soon as the law permits.

PASSING INFORMATION

Westland Settlement Services will not pass on the personal information you have given us without first asking your permission, unless we are required to do so by law.

ACCESS

You have the right to request access to and correction of the personal information we hold about you. If you wish to contact us about personal information we hold about you or about this privacy policy, please contact 9325 1166.

PRIVACY NOTICE TO CLIENTS

 

The Privacy Act is legislation to which we as your conveyancer are subject, which governs the manner in which we collect and what we can do with your personal information.

In the course of acting on your behalf in your conveyancing transaction, we of course obtain a significant amount of personal information. This includes information such as names, addresses, dates of birth, banking details and other items by which you may be identified. As a firm, we subscribe to and abide by the National Privacy Principles. That sets out that we must keep your information confidential and only use it for the purposes required of us in carrying out our work.

As you may be aware, recent instances of identity theft have occurred, which have resulted in transaction being registered at Landgate when the owners of the property had not authorised those transactions. As a result of that, Landgate has introduced a range of measures, designed to improve the identification of parties to transactions and ensure as far as is possible, that transaction do not take place fraudulently.

As a result of this, we may be required to provide a great deal more information to Landgate than had traditionally been the case.

You may therefore be asked to provide us with copies of verifiable documents and data such as passports, drivers licences, credit cards, water rates bills or other identification documents so that we can comply with Landgate’s requirements. Landgate may also require us to provide copies of these documents to them, or to provide them with further information in our possession, such as bank account details, the destination of funds paid to you at settlement or other information they require to confirm the transaction to be genuine. It is also possible that as a result of Landgate’s requirements, information may need to be handed over at settlement which meets these requirements, and if may also be that we need to deliver this information to other people for it to be lodged at Landgate to enable your transaction to occur.

 

The purpose of this notice is to advise you that this is a potential requirement of Landgate, and that by complying with the same we will not be breaching the Privacy Act or the National Privacy Principles.

We wish to reiterate our commitment to keeping your information private in accordance with the National Privacy Principles, and to advise you of the use to which your information may well be put, in accordance with the requirements of the Privacy Act.

DATA RETENTION POLICY

 

Westland Settlements seeks to ensure that it retains only data necessary to effectively conduct its program activities and work in fulfilment of its mission. The need to retain data varies widely with the type of data and the purpose for which it was collected. Westland Settlements strives to ensure that data is only retained for the period necessary to fulfil the purpose for which it was collected and is fully deleted when no longer required. This policy sets forth Westland Settlements’s guidelines on data retention and is to be consistently applied throughout the organisation.

This policy covers all data collected by Westland Settlements and stored on its owned or leased systems and media, regardless of location. It applies to both data collected and held electronically (including photographs, video and audio recordings) and data that is collected and held as hard copy or paper files. The need to retain certain information may be mandated by federal or local law, federal regulations and legitimate business purposes.

Westland Settlements retains only that data that is necessary to effectively conduct its program activities, fulfill its mission and comply with applicable laws and regulations. Reasons for data retention include: • Providing an ongoing service to the data subject (e.g. sending a newsletter, publication or ongoing program updates to an individual, ongoing training or participation in Westland Settlements’s programs, processing of employee payroll and other benefits) • Compliance with applicable laws and regulations associated with financial and programmatic reporting by Westland Settlements to its funding agencies and other donors • Compliance with applicable labor, tax and immigration laws • Other regulatory requirements • Security incident or other investigation • Intellectual property preservation • Litigation

Data Duplication

 

Westland Settlements seeks to avoid duplication in data storage whenever possible, though there may be instances in which for programmatic or other business reasons it is necessary for data to be held in more than one place. This policy applies to all data in Westland Settlement’s possession, including duplicate copies of data. Retention Requirements Westland Settlements has set the following guidelines for retaining all personal data as defined in the Institute’s data privacy policy. • Website visitor data will be retained as long as necessary to provide the service requested/initiated through the Westland Settlements website. • Contributor data will be retained for the year in which the individual has contributed and then for a duration legally required after the date of the last contribution. Financial information will not be retained longer than is necessary to process a single transaction. • Event participant data will be retained for the period of the event, including any follow up activities, such as the distribution of reports. • Program participant data (including sign in sheets) will be retained for the duration of the grant agreement that financed the program plus any additional time required under the terms of the grant agreement. • Personal data of subgrantees, subcontractors and vendors will be kept for the duration of the contract or agreement. • Employee data will be held for the duration of employment and then for a time required by law after the last day of employment. • Data associated with employee wages, leave and pension shall be held for the period of employment plus [Duration], with the exception of pension eligibility and retirement beneficiary data which shall be kept for a time required by law. • Recruitment data, including interview notes of unsuccessful applicants, will be held after the closing of the position recruitment process as required by law. • Consultant (both paid and pro bono) data will be held for the duration of the consulting contract plus time required by law after the end of the consultancy. • Board member data will be held for the duration of service on the Board plus for time required by law after the end of the member’s term. • Data associated with tax payments (including payroll, corporate and VAT) will be held for time required by law. • Operational data related to program proposals, reporting and program management will be held for the period required by the Westland Settlements donor, but not more than required by law.

Data Destruction

 

Data destruction ensures that Westland Settlements manages the data it controls and processes it in an efficient and responsible manner. When the retention period for the data as outlined above expires, Westland Settlements will actively destroy the data covered by this policy. If an individual believes that there exists a legitimate business reason why certain data should not be destroyed at the end of a retention period, he or she should identify this data to his/her supervisor and provide information as to why the data should not be destroyed. Any exceptions to this data retention policy must be approved by Westland Settlements’s data protection offer in consultation with legal counsel. In rare circumstances, a litigation hold may be issued by legal counsel prohibiting the destruction of certain documents. A litigation hold remains in effect until released by legal counsel and prohibits the destruction of data subject to the hold.

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