Terms and conditions
Topics on this page
4. User’s registration data and account security
6. Commencement, duration and termination of right
Overview
This is a legal agreement between the Registrant (“the Registrant”) and the Department of Customer Service, a NSW Government Agency (“the Department”). The Registrant should read this Agreement in its entirety before the Registrant accesses the NSW Government Brand Toolbox.
By clicking on the “I agree” check box, the Registrant agrees that the Registrant has read, understood and agrees to be bound by the Terms and Conditions of this Agreement. If you do not agree, the Registrant cannot proceed with using this platform.
Assets that are marked as available for use and download in the NSW Government Brand Toolbox (“Assets") are either the intellectual property of the NSW Government or the NSW Government has procured the appropriate permission to make the asset available for download.
Other images or material made available only for reference or demonstration purposes are not to be downloaded or used.
The NSW Government agrees that the Registrant can use the Assets, subject to the Terms and Conditions set out in this Agreement.
The Registrant warrants that they are authorised to enter into this Agreement to download and/or use any Assets, pursuant to this Agreement.
1. License
1.1 The Department of Customer Service grants to the Registrant a non-transferable, non-exclusive, revocable licence to download and use the Assets the Registrant has selected on basis of the Terms and Conditions of this Agreement.
1.2 If the Terms and Conditions of this Agreement are updated or amended, the Registrant will be required to accept the revised Terms and Conditions as required.
1.3 The Assets may only be used for the for the purpose of undertaking design and/or branding work for NSW Government (“Permitted Purpose”).
1.4 The Registrant shall only share / disclose Assets to a third party:
(a) for a purpose directly related to the Permitted Purpose being undertaken by the Registrant; and
(b) upon sharing / disclosing Assets, the Registrant will inform the third party the Assets shared are only to be downloaded / used for a purpose directly related to the Permitted Purpose and are not to be shared / disclosed by them.
1.5 the Registrant shall take all reasonable efforts to prevent the disclosure / use of Assets to an unauthorised third party.
1.6 Defamatory, libellous, scandalous, misleading, pornographic or otherwise unlawful use of the Assets are prohibited.
1.7 Except for the licence granted in this Agreement, the Registrant has no right, title or interest in any of the Assets.
1.8 All rights not expressly granted in this Agreement are reserved by the Department.
2. Eligibility for use
2.1 To be eligible for use of the NSW Government Brand Toolbox, the Registrant must be either a NSW Government staff member who is registered for the NSW Government Brand Toolbox, or an individual who has been referred by a NSW Government staff member for the purpose of undertaking design and / or branding work for the NSW Government.
2.2 The Registrant must notify the NSW Government immediately if the Registrant is no longer eligible to use the NSW Government Brand Toolbox and / or if the Registrant is no longer authorised to be a party to this Agreement.
3. Conditions of use
3.1 All usage requirements must be adhered to, including, but not limited to, these Terms and Conditions and the guidance set out in “How to Use these Guidelines,” “Guidelines” and “Brand Architecture” set out in the NSW Government Brand Toolbox website.
3.2 Assets supplied must only be used for the Permitted Purpose.
3.3 The Registrant must not use any of the Assets in any way that is negative, derogatory or harmful to the State of New South Wales, or otherwise reflects adversely upon the State of New South Wales, or otherwise impacts negatively upon the State of New South Wales, or the New South Wales Brand.
3.4 The Registrant must comply with all relevant industry standards and practices and all applicable laws and regulations.
4. User’s registration data and account security
4.1 The Registrant agrees to:
(a) Provide accurate, current and complete information as required at registration; and
(b) Maintain the security of the Registrant username, password and identification, and these details are not to be disclosed to any other individual or party under any circumstances (regardless of whether they work for the same company); and
(c) Notify the NSW Government immediately of any unauthorised use of their account or any other breach of security; and
(d) Accept any and all responsibility for any and all activities that occur under the Registrant account; and
(e) Accept all risks of unauthorised access to the Registrant registration and any other information the Registrant has provided to the NSW Government for the purpose of access to and use of the NSW Government Brand Toolbox.
4.2 The Registrant acknowledges that:
(a) The Department may in its absolute discretion, and without notice, decide whether to accept or reject the Registrant’s registration; and
(b) The Department may in its absolute discretion, and without notice, deregister a Registrant from the NSW Government Toolbox.
4.3 The Registrant warrants that:
(a) The information provided in the Registrant registration is accurate at the date the Registrant registration was submitted for approval to the Department; and
(b) In the event that any of the information contained in the Registrant registration changes from that provided, the Registrant will notify the Department within seven (7) days of becoming aware of such a change.
4.4 By registering their details, the Registrant agrees to the Registrant’s personal information being handled in accordance with the Privacy Collection Notice and the NSW Government Privacy statement, including to receive Brand Updates via email on important changes to NSW Government Brand Standards, templates or other materials .
5. Warranties & indemnity
5.1 The Registrant hereby agrees to indemnify the NSW Government against any claim, action, damage, loss, liability of any kind, costs, charge, expenses, outgoings, or payments suffered, paid or incurred, either directly or indirectly, by the NSW Government as a result of:
(a) Any use of any Assets downloaded or used by the Registrant;
(b) Any use of any Assets shared by the Registrant;
(c) Failure to fulfil any obligations imposed on the Registrant by this Agreement;
(d) Any and all activities that occur under the Registrant’s account; or
(e) Any other matter arising out of this Agreement.
5.2 To the extent permitted by law, the NSW Government shall not be liable to the Registrant, or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental, or other damage or loss arising out of this Agreement or otherwise.
6. Commencement, duration and termination of right
6.1 This Agreement will commence when both of the following events have occurred:
(a) You have accepted this agreement in accordance with clause 6.2 below; and
(b) Following acceptance of this agreement, you access the NSW Government Brand Toolbox.
6.2 For the purpose of 6.1(a), checking the box to indicate your acceptance of the terms and conditions, and submitting that acceptance, constitutes acceptance of this Agreement.
6.3 The licence contained in this Agreement and access to the NSW Government Toolbox will terminate automatically by written notice to the Registrant if:
(a) The Registrant fails to comply with any provision of these Terms and Conditions; or
(b) The Department considers in its sole discretion that the Registrant’s use of the Assets is derogatory or harmful to the State of New South Wales or otherwise impacts negatively upon the State of New South Wales, or the New South Wales Brand; or
(c) The Department determines that the Registrant’s use of the Assets infringes or potentially infringes third party rights; or
(d) The Registrant is no longer authorised to be a party to this Agreement; or
(e) The Registrant is no longer eligible to access or use the Assets.
6.4 Upon termination, all licensing rights granted to the Registrant will immediately cease and the Registrant must immediately:
(a) Stop using the Assets; and
(b) Delete and/or destroy the Assets and all copies; and
(c) Instruct any other parties the Registrant has shared any Assets with to undertake (a) and (b) above.
7. General provisions
7.1 If any part of these Terms and Conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible, and the remainder will remain in full force and effect.
7.2 As the Registrant, the Registrant is responsible for ensuring their own compliance with the laws of the State of New South Wales in the Commonwealth of Australia with respect to the Registrant’s use of the Assets.
8. Survival
8.1 All of the following clauses will survive termination of this Agreement:
(a) Clause 1.7 and 1.8 (License)
(b) Clause 4 (User’s registration data and account security)
(c) Clause 5 (Warranties & Indemnity)
(d) Clause 7 (General provisions)
(e) Clause 9 (Notices)
(f) Clause 8 (Survival)
(g) Clause 10 (Severability)
(h) Clause 11 (Jurisdiction)
(i) any other clause which by its nature is intended to survive this Agreement.
9. Notices
9.1 All Notices required or permitted to be given to the Department under this Agreement, unless required or otherwise, must be in writing and delivered by prepaid postage or certified mail, by hand or electronic mail to:
NSW Government Brand
Department of Customer Service
2-24 Rawson Place
Sydney NSW 2000
Email: nswgovbranding@customerservice.nsw.gov.au
9.2 All Notices required or permitted to be given to the Registrant under this Agreement, unless required or otherwise, must be delivered by prepaid postage or certified mail, by hand or electronic mail to the contact details provided in the Registrant’s Registration.
9.3 The receiving party will be deemed to have received the Notice as follows:
(a) if hand delivered, on the day on which it is delivered or left at the relevant address;
(b) if sent by post within Australia:
i. if posted using Express Post, the priority letter service option of regular post, or the priority service option for Registered Mail, on the fourth Business Day after the day on which it is posted;
ii. if posted using the regular post option, on the tenth Business Day after the day on which it is posted;
(c) if sent by email before 5.00pm on a Business Day, the first of the following occurring:
i. when the sender receives an automated message confirming delivery; or
ii. four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not be delivered.
(d) if sent by email after 5pm on a Business Day or on a day that is not a Business Day, then it will be deemed to be received on the next Business Day.
10. Severability
10.1 If a court determines that a word, phrase, sentence, paragraph or provision in this arrangement is unenforceable, illegal or void then it shall be severed, and the other provisions of this Agreement shall remain operative.
11. Jurisdiction
11.1 This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.