1 Agreement between User and The Australian Government’s Department of Defence

1.1 - The Australian Government’s Department of Defence (‘Defence’, ‘we’, ‘us’) owns and operates this website (Website). Your use of the Website and the information and services available through it (collectively the Services) are subject to the following terms and conditions (Terms of Use).

1.2 - By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to note any changes we may have made to these Terms of Use.

1.3 In these Terms of Use: ‘Agency User’ means an authorised official of the Australian Department of Defence or an approved Defence personnel, including contractors. ‘Advisor User’ means, for example, government business facilitators, Defence industry associations, Defence industry prime contractor companies, private sector business advisors and coaches vetted and approved by Defence. ‘Advisor User’ means Small to Medium Enterprise business owner. ‘User’ means Agency User, Advisor User or SME User. ‘Intellectual Property Rights’ means copyright, all rights in relation to inventions (including patents), trade marks (including service marks and goodwill in those marks), designs, trade secrets, know how, rights in circuit layouts, domain names and any right to have confidential information kept confidential; any application or right to apply for registration of any of the rights referred to in paragraph (a); and all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.

2 Linked Sites

2.1 - This Website contains links and references to other websites (‘Linked Sites’) which are not operated by Defence. Defence has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link or reference to a Linked Site does not imply endorsement by Defence of the site or any association with its operators or any associated organisation, product or service. Your use of the Linked Sites will be subject to the terms of use contained within each such site. Defence will not be liable to you for any damages or loss arising in any way out of or in connection with or incidental to, or as a result of your reliance upon, any information or service provided by any third party.

3 Communication Services

3.1 - The Website supports direct communication and document exchanges between Advisor Users and SME Users (‘Communication Services’). Facilities for SME Users and Advisor Users to upload and exchange documents are provided within the Website, as is the ability for Advisor Users and SME Users to communicate with each other using the ‘Notify’ tool provided on the Website. Communication Services do not support Advisor Users or SME Users communicating directly with Agency Users except in relation to shared assessments. In addition to adding notes and/or exchanging documents, Users jointly involved in a particular assessment may use the Notify feature to message other Users to notify of any information updates or to respond to queries as necessary. Messages are delivered as a system-generated email.

3.2 - You agree to use the Communication Services only to send and receive messages and material that are appropriate and related to the particular Communication Service and its purpose(s).

3.3 - If you suspect any inappropriate or offensive behaviour by another User you may report this to Defence using the Tech support feature of the Website.

3.4 - Defence has no obligation to monitor the Communication Services. However, Defence reserves the right to review materials uploaded to or transmitted by a Communication Service and to remove any information or materials, in whole or in part, in its sole discretion. Defence reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably suspect a breach by you of these Terms of Use.

3.5 - Defence reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

3.6 - Defence does not control or endorse the content, messages or information exchanged via any Communication Service and, therefore, Defence specifically disclaims any liability with regard to your use of any Communication Service and any actions resulting from your use of any Communication Service.

3.7 - Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination posted on the Website from time to time. You are responsible for adhering to such limitations.

4 Prohibitions

4.1 - You agree that when using the Website, including the Communication Services, you will not:

• violate any applicable laws or regulations;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into, or attempt to hack into any aspect of the Services, corrupt data, or cause annoyance to other users;
• infringe upon the rights of any other person’s proprietary rights;
• damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
• obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• use a Communication Service to advertise or offer to sell or buy any goods or services for any business purpose not related to assisting an SME User in completing their assessment;
• download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such a manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any material contained in a file that is uploaded;
• restrict or inhibit any other user from using and enjoying the Website;
• collect information about other Users, including but limited to email addresses, without their consent;
• infringe upon the rights of any other person’s intellectual and proprietary rights;
• or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

4.2 - Defence will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or your downloading of any material posted on it or on any Linked Sites or provided to you by other Users using the Communication Services.

5 Reliance on Materials

5.1 - In providing the information and access to services on this Website, you acknowledge that in doing so Defence is not providing professional advice.

5.2 - Neither these Terms of Use nor any report generated by the DBRT contains any commitment or representation, whether express or implied, that Defence does or will enter into any contract or arrangement with the User in respect of any procurement by Defence of the User’s goods or services.

5.3 - The material provided on this Website may include the views or recommendations of third parties, and does not necessarily reflect the views of Defence, or indicate a recommendation by Defence as to any particular course of action.

5.4 - You acknowledge that errors or omissions can occur in the preparation of web pages. Therefore, before relying on the material, you should ensure you independently verify the provided information for currency, completeness, accuracy, and relevance for your purposes.

5.5 - You should obtain appropriate independent professional advice before taking any action or decision on the basis of any material provided on this Website or by third parties through your interaction with them via this Website.

6 Agreement to release of certain information

6.1 - In using the Website you agree that any information you provide as part of your registration or through your use of the Website may be accessible by Defence and other registered Users.

6.2 - If you are an SME User, information provided by you via the Website will be made accessible to: registered Agency Users for the purposes of conducting data analysis to produce defence industry intelligence reports about SME capabilities and the defence sector; and registered Advisor Users for the purposes of them providing support and guidance to you if and only if you have been contacted by them requesting such support, or as otherwise freely provided to them by you.

6.3 - If you are a Advisor User, information provided by you via the Website will be made accessible to: registered Agency Users for the purposes of conducting data analysis to produce defence industry intelligence reports about the defence sector; and registered SME Users in response to requests from them or as may be otherwise freely provided to them by you.

6.4 - By using the Website you are agreeing to Defence making your information available to other Users to facilitate the above purposes.

7 Privacy

7.1 - How we use the information provided by you through your use of the Website is governed by our Privacy Policy, which can be found at privacy, a link to which is provided on the Website.

7.2 - By using this Website, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

7.3 - By using this Website you agree: that you will protect the Personal Information (as defined in our Privacy Policy) you obtain through your use of this Website of any person; and that you will not do anything which will violate the privacy of any person.

8 Disclaimer

8.1 - Information provided on this Website, including page content and interactive tools, is provided for general information and on the understanding that Defence is not providing professional advice on a particular matter.

8.2 - Defence accepts no responsibility or legal liability for a User’s reliance on information, undertakings or representations exchanged between Users whether or not exchanged using this Website.

8.3 - Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, Defence provides no guarantee or warranty as to the accuracy, currency or completeness of the material displayed on or otherwise provided via this Website.

8.4 - Defence and/or its suppliers hereby disclaim all warranties and conditions with regard to information and/or services provided on or via this Website, including all implied warranties, fitness for a particular purpose, title and non-infringement.

8.5 - Defence does not make any representations about, and accepts no legal liability for the suitability, reliability, availability, currency and accuracy of the information and/or services contained on or provided via the Website for any purpose, whether the information or services are contained on or accessible via the Website pages or any Linked Site, or whether the information is provided via tools and/or questionnaires you may use on this Website or any Linked Site, or provided to you by other Users.

8.6 - You should seek appropriate independent professional advice before making any personal or business decisions based on material found on or provided to you through your use of this Website or any linked sites or provided to you by other Users.

8.7 - Defence provides no warranty to you that the services generally available through this Website will be uninterrupted or error-free or that defects in the Service will be corrected. You also acknowledge and accept that Defence cannot and does not guarantee or warrant to you that files available for downloading through this Website or delivered via electronic mail through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and measures to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data.

8.8 - To the fullest extent permitted by law Defence hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on or transmitted via those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

8.9 - This clause does not affect Defence’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

8.10 - If you are dissatisfied with any information or services provided on or via the Website, or if you do not agree with or accept any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

9 Intellectual Property Rights

9.1 - Defence does not claim ownership of the materials you provide to Defence (including feedback) or otherwise post, upload, or transmit using a Communication Service. You warrant that in providing materials via the Website you are not infringing the intellectual and proprietary rights of any person.

9.2 - The Intellectual Property Rights in all materials and content, including code and software, in whatever form, comprising or made available on or through this Website remain the property of Defence or its licensors or, in the case of uploaded materials or materials transmitted by Users using the Communication Services, by those Users or their licensors (‘IPR Owners’), and are protected by intellectual property laws and treaties around the world. All such rights are reserved by the IPR Owners and their licensors. You may store, print and display the content supplied solely for your own personal or internal business use. You are not otherwise permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial purpose without the express consent of the respective IPR Owner.

9.3 - Defence reserves the right at any time to update or modify the content in the Website in any way in its sole discretion.

9.4 - You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software.

9.5 - You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on this Website on your own website or in any other publication), except with our prior written consent.

9.6 - By uploading, inputting, providing or transmitting materials via the Website you warrant and represent that you own or otherwise control all of the rights to such materials including, without limitation, all the rights necessary for you to provide, post, upload, input or transmit the materials.

10 Invalidity

10.1 - If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause or part thereof can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

11 Copyright notices

11.1 - All contents of the Website are: © 2021 The Department of Defence ABN 68 706 814 312 and/or its suppliers and licensors. All rights reserved.

11.2 - The material contained on this Website constitutes Defence copyright and is intended for your general use and information. You may download, display, print and reproduce this material in unaltered form only (retaining this notice, and any headers and footers) for your personal, non-commercial use or use within your organisation. All other rights are reserved.

11.3 - Ownership of copyright in materials uploaded to the Website by Users is owned by those Users or their licensors in accordance with clause 9.2 herein.

11.4 - Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this Website, including files downloadable from this Website, without the permission of the copyright owner.

11.5 - Requests for further authorisation should be communicated via the Contact form on the www.dbrt.online website

12 Linking to this Website Subject to clause 9 herein

12.1 - you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

13 Governing Law

13.1 - The laws governing this agreement Governing Law The laws governing this agreement will be the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of that State in all disputes arising out of or relating to the use of the Website.

14 Entire Agreement

14.1 - This agreement constitutes the entire agreement between you and Defence with respect to your use of the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Defence with respect to the Services.