inContact

Terms and Conditions for Users

1. About this directory

   inContact is owned and operated by the Department of Planning, Lands and Heritage on behalf of the Heritage Council of Western Australia (Heritage Council) (ABN 16 868 556 261) established by the Heritage of Western Australia Act 1990.

   The user of the content on inContact is governed by these terms and conditions. By using inContact, users agree to be bound by these terms and conditions.

2. Links to other websites

   inContact may contain links to third party websites. Neither the Department of Planning, Lands and Heritage nor the Heritage Council sponsors, endorses or in any way recommends the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, materials, products or services.

3. Information available on inContact

   1. No warranties

      While the Department of Planning, Lands and Heritage and the Heritage Council have taken reasonable steps to ensure that the information provided on inContact is accurate and up-to-date, neither the Department of Planning, Lands and Heritage nor the Heritage Council warrants the reliability, accuracy, correctness or completeness of any of the information provided on inContact.

      It is solely the responsibility of the user to evaluate and verify the accuracy, completeness and usefulness of any information provided on inContact.

   2. No endorsement of businesses or sole traders

      inContact provides general information provided by third parties about their services, abilities, qualifications and experience. Neither the Department of Planning, Lands and Heritage nor the Heritage Council approves, endorses or recommends any of the businesses or sole traders listed on inContact.

      Users are solely responsible for evaluating the information provided and determining whether a business or sole trader is appropriate for a particular project. Refer to tips on guide to engaging a specialist.

      Subject to any applicable law which cannot be excluded, in no event will the Department of Planning, Lands and Heritage or the Heritage Council be liable to the user or anyone else for any decision made or action taken by the user or anyone else in reliance upon any information contained in or omitted from inContact.

4. Intellectual property rights

   1. Our content

      All intellectual property rights in the content are owned or licensed by the Heritage Council.

      The Heritage Council grants the user a limited, revocable, transferrable licence to view the content solely for the user’s personal use.

      Except where necessary for viewing or printing the content on inContact in a browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these terms and conditions, the user must not reproduce any of the content in any form by any process without the specific prior written consent of the Heritage Council.

5. Limitation of liability

   Subject to any responsibilities implied by law and which cannot be excluded, the Department of Planning, Lands and Heritage and the Heritage Council and their board members, employees, agents and contractors, are not liable to the user for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any content on inContact, to any material on linked websites, or to the users access or use of inContact, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

   Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the fullest extent possible.

6. Indemnity

   The user indemnifies the Department of Planning, Lands and Heritage and the Heritage Council in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with the user’s breach of these terms and conditions or the use of inContact.

7. Acceptance and changes to these terms and conditions

   Use of inContact constitutes your acceptance of these terms and conditions. The Department of Planning, Lands and Heritage may at any time vary the terms and conditions by publishing the varied terms and conditions on the Department of Planning, Lands and Heritage website. The user accepts that by doing this, we have provided sufficient notice of the variation.

8. Jurisdiction

   The law applicable to inContact and to disputes arising from or in connection with inContact is the law of the State of Western Australia, Australia.

   The user irrevocably submits to the exclusive jurisdiction of the courts of Western Australia.

9. Complaints

   Should you have a complaint about goods or services provided by a business or sole trader listed on inContact, please contact the Consumer Protection.

   Consumer Protection provides a service to help you to resolve your complaints with traders or businesses in Western Australia.

   Alternatively, the Building Commission can assist in resolving complaints about building standards, workmanship and building contracts under the Building Services (Complaint Resolution and Administration) Act 2011, click here for more information.

   Some professional organisations and boards are also authorised to examine, register and investigate complaints relating to their industry members. Click here for professional organisations, boards and memberships who may be able to assist with trade enquiries.

   If you would like discuss any misrepresentation of a business or sole trader on inContact, please contact the Department of Planning, Lands and Heritage. While we would like to know about problems you may have with a consultant, we are not in a position to mediate, negotiate or otherwise attempt to resolve a complaint you may have with a consultant.