The Taa wika Database contains information that is confidential and highly sensitive to Aboriginal people. This information is protected under the Aboriginal Heritage Act 1988. Strict penalties apply to anyone who contravenes the requirements of confidentiality of protected information.
The following Terms and Conditions are in addition to protections provided under the Aboriginal Heritage Act 1988.
Terms and Conditions
The Terms and Conditions of access include the:
- Terms and Conditions set out below;
- Legal including Disclaimer, Copyright and Privacy Notices i
Definitions and Interpretation
- the expressions "we", "us" and "our" are a reference to the Department;
- the expressions "you" and "your" are a reference to the individual authorised users from a Recognised Aboriginal Representative Body or public users granted a login by the Department.
- "AHA" means the Aboriginal Heritage Act 1988
- "Confidential information" means information protected under section 10 and section 35 of the Aboriginal Heritage Act 1988
- "Personal information" means information or an opinion, whether true or not, relating to a natural person or the affairs of a natural person whose identity is apparent, or can reasonable be ascertained, from the information or opinion;
- "Database" means the Aboriginal Cultural Heritage Register and Information System (ACHRIS), known as Taa wika and administered by the Department, including revisions, and amendments of the database, as effected from time to time;
- "Department" means the Government of the State of South Australia acting through the Department of the Premier and Cabinet, Aboriginal Affairs and Reconciliation;
- "Recognised Aboriginal Representative Body" means statutory Recognised Aboriginal Representative Bodies or persons or bodies approved to be a Recognised Aboriginal Representative Body under section 19B of the AHA.
- By clicking ticking the box "I have read and accepted the Terms and Conditions" you agree to comply at all times with these Terms and Conditions, and its revisions from time to time.
- You agree these Terms and Conditions create a legally binding contract between you and the Department.
- You agree to use and access the Taa wika Database strictly in accordance with these Terms and Conditions, and the Aboriginal Heritage Act 1988.
- If you do not accept these Terms and Conditions, you will not be provided with a login that enables to you to gain further access to the Taa wika Database.
Amendments to these Terms and Conditions
- You acknowledge and agree that the Department may from time to time, and at its absolute discretion, amend, delete, add to or otherwise revise these Terms and Conditions at any time without notice.
- You acknowledge and agree that it is your responsibility to be aware of the Terms and Conditions, as revised from time to time and to comply with its requirements at all times.
- The Department may in its absolute discretion send a Recognised Aboriginal Representative Body a link to or a copy of the revised Terms and Conditions of access using the email address provided together with their application for access to the Database.
Login and password details
- You must:
- keep your login and password secure at all times;
- not disclose your login or password to, or share it with, any other person.
- You are fully responsible for all activities that occur in relation to the Database using your login and password.
- If there is any change in the information upon which your access to the Database was granted, including the information contained in your application for access to the Database, or if there is any actual or suspected unauthorised disclosure or use of your login and password then you must immediately contact the Department.
Use of the Database
You agree that You will:
- access the Database and use any information available on or through the Database in accordance with these Terms and Conditions;
- not use the information obtained from the Database for any unlawful purpose.
- not tamper with any other persons' access to or use of the Database or commit unauthorised intrusion into any part of the Database, including computers, files, accounts, network and equipment;
- not access or use any part of the Database for which you are not authorised or devise ways to circumvent security in order to access or use any part of the Database for which you are not authorised. This includes, but is not limited to, scanning networks with the intent to breach or evaluate security, whether or not the intrusion results in access or not;
- not misuse or attempt to misuse the Database. This includes, but is not limited to, password cracking, social engineering (i.e. defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses or other malicious computer code or intentional invasion of privacy;
- not data mine or conduct automated searches of the Database; and
- not frame or mirror the Database.
Transfer of Personal Information outside Australia
- You acknowledge that the personal information, being the email address you provide and any subsequent email address you provide, may be transferred by the Department to a third party service provider, such as Cohga Pty Ltd and Amazon.com, Inc / Amazon Web Services. Cogha Pty Ltd is the Department's third party service provider that provides support and maintenance of the website in Queensland and Amazon Web Services is the Departmentâs third party service provider that provides the cloud environment that uses email servers located in the United States of America.
- The email address that you enter into the Database will be used by the Department's third party service provider for the sole purpose of generating and sending automatic email notifications relating to your access to and use of the Database.
- You agree to the transfer of your email address to the United States of America for this purpose. In providing your agreement, you understand and acknowledge that countries outside Australia may not have the same protection obligations relating to personal information as Australia.
- No other personal information will be transferred outside Australia.
- This provision is to be read together with the Privacy Notice contained on Taa wika.
Use of information by Recognised Aboriginal Representative Bodies
- Recognised Aboriginal Representative Bodies are granted access to the Database in accordance with section 10 of the AHA.
- Information obtained by a Recognised Aboriginal Representative Body from the Database may be used for any purpose.
Termination of Access
The Department may in its absolute discretion, and at any time, with or without notice, terminate your access to the Database, including if the Department suspects that you have provided false or misleading information when applying for access to the Database or if the it suspects you may have breached these Terms and Conditions of access.
- Where the information available on or through the Database is a list which highlights identified Aboriginal heritage sites for a nominated search area, then no guarantee is made regarding the accuracy of the information provided, including the longitude and latitude location description for any cultural heritage site.
- The placing of information on the Database is not intended to be conclusive about whether the information is up-to-date, comprehensive or otherwise accurate.
Exclusion of warranties
- The Database, and all information available on or through the Database, is provided:
- for informational purposes only; and
- on an "as is" and "as available" basis without warranties of any kind, express or implied, except any warranties which may be implied by legislation and are incapable of exclusion.
- To the maximum extent permitted by law, the Department excludes and does not make any representation, statement, warranty or endorsement of any kind, whether express or implied, regarding the quality, content, accuracy, authenticity, completeness, currency, accessibility, suitability, safety, security, reliability, availability or any other aspect of the Database or any information available on or through the Database.
- Recognised Aboriginal Representative Bodies must make their own inquiries and seek independent advice before relying upon any information available on or through the Database.
- All Recognised Aboriginal Representative Bodies are responsible for assessing the relevance and accuracy of any information available on or through the Database.
Exclusion of liability
- The Department does not accept any responsibility or liability for the accuracy, authenticity, completeness, reliability or content of any information available on or through the Database.
- To the maximum extent permitted by law, the Department excludes all responsibility and liability, including liability through negligence, for all loss, damage or expenses whatsoever which may be suffered or incurred by you or any other person, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings, benefits or business opportunities as a result of:
- accessing and using the Database;
- using or relying upon any information available on or through the Database; or
- any interruption, suspension or termination of the Database, in whole or in part.
- Any liability of the Department will be reduced by the extent, if any, to which you contributed to the loss or damage.
Non-excludable liability (if any)
These Terms and Conditions of access do not attempt or purport to exclude liability arising under legislation if, and only to the extent that, such liability cannot be lawfully excluded.
You release and indemnify us, our agents and employees, from and against any liability for loss or damage however caused, including through negligence, which you or any other person may directly or indirectly suffer or incur arising directly or indirectly out of or in connection with:
- your access to and use of the Database;
- your use of or reliance upon information available on or through the Database;
- a breach of these Terms and Conditions of access;
- the use by any third party of information obtained from the Database;
- any computer viruses or other malicious code comprised in the Database or any information available on or through the Database; or
- the information available on or through the Database being out-of-date, inaccurate or incomplete in any way for any reason.
You agree to indemnify and hold us, our agents and employees, harmless from any loss, liability, claim, demand, damage or expense, including legal fees, made by any third party directly or indirectly due to, or arising out of or in connection with your:
- access to and use of the Database;
- use of or reliance upon information available on or through the Database, including the provision of any such information to a third party;
- breach of these Terms and Conditions of access; or
- infringement of any rights of a third party.
These Terms and Conditions of access will be governed by and construed in accordance with the laws in force in the State of South Australia, Australia.
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of South Australia.
If any provision of these Terms and Conditions of access is held to be invalid, unenforceable or illegal for any reason, then that provision will be deemed severable from these Terms and Conditions and does not affect the validity or enforceability of the remaining provisions.
i The Government of South Australia has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material.
Additional terms for use of material
When using content from this website that is licensed under a Creative Commons Licence, you are required to attribute the work in the manner specified in the licence (but not in any way that suggests that the Government of South Australia endorses you or your use of the work). The Government of South Australia requires that you use the following form of attribution:
The Government of South Australia,>>title of works<<, sourced on >>insert date the content was sourced<<,>>insert URL or app details<<, permission given by >>insert name of community<< on >>insert date permission granted<<
This statement sets out the Taa wika website policies relating to the privacy and security of your personal information and security of your other information. This privacy and security statement applies only to the site.
This site is operated in compliance with the Government of South Australia's information privacy principles (IPPs), a copy of which can be obtained at http://www.dpc.sa.gov.au/what-we-do/services-for-government/premier-and-cabinet-circulars.
This site collects and uses the following information from users:
- A record of your visit and logs the following information for statistical purposes - the user's IP address, the date and time of the visit to the site or app, the pages accessed and documents downloaded, may record your location (unless the location services are disabled) and the type of browser 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 service provider's logs. This information is analysed at the end of each month to determine the site's usage statistics.
- The Government of South Australia retains the email address of people who send emails through the 'Contact us' email address, for the purpose of sending a response. They are stored in a secure area within the Department's message services system and will not be used for any other purpose, nor disclosed without your consent.
- Such information may or may not be personal information for the purpose of the IPPs. Nonetheless, you consent to the use of this information to establish ownership of the material and to enable the Government of South Australia to contact website administrators or information owners, to clarify any issues. The information is then kept for contact purposes in the course of monitoring and managing the site. The information is stored in a secure area of the site's system.
- Site administrators are required to protect and handle your personal information in accordance with the IPPs.
- The Government of South Australia are responsible for the privacy and security of information while it is collected, stored on or passing through this site.
- Your personal information will not be disclosed to a third party except in accordance with the IPPs. Please note that personal information will be disclosed to the Government of South Australia's third party service provider's for the purposes of maintaining the website by Cohga Pty Ltd and providing the cloud environment by Amazon Web Services. Email addresses provided to the site will be transferred to Amazon Web Services and you understand and acknowledge that countries outside Australia may not have the same protection obligations relating to personal information as Australia. Other personal information will be retained in Australia.
- You should note that there are inherent risks associated with transmission of information via the Internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this site. There are alternative ways to obtaining information from, and transacting business with, the Government of South Australia for those users who do not wish to use the Internet.
- The content of this privacy and security statement may be updated from time to time, so we suggest that if you return to this site on a regular basis and that you carefully read the information provided.