WasteID

WasteID^® terms and conditions of use

Effective 25 July 2016
Last Updated: 25 July 2016

General

Your access to and use of the WasteID^® Service, including all functionality and content howsoever received or delivered, is governed by these Terms and Conditions of Use (the "Terms"). You may use the WasteID^® Service only in compliance with these Terms and all applicable legislation, regulation, policies and rules as may apply to the location from which you are using the WasteID^® Service and as may apply within other jurisdictions affected by such use.

By accessing the WasteID^® Website, whether via a web-browser or the QR2id App, you are deemed to accept and agree to comply with and be bound by these Terms. By accepting these Terms you attest that you are legally entitled and able to enter into a binding agreement relating to the use of the WasteID^® Service. If you are accepting these Terms and using the the Wasteid^® Service on behalf of a company, organisation, government department or agency, or other legal entity, you represent and warrant that you are authorised to do so.

Under no circumstances shall Amtac be liable in any way for any errors or omissions in any information accessed through the the WasteID^® Service, or any loss or damage of any kind incurred as a result of the use of any information uploaded, emailed, transmitted or otherwise made available via the the WasteID^® Service or subsequently following your use of the the WasteID^® Service.

The WasteID^® Service is the subject of ongoing improvement and may be expanded, reduced, or change in function from time to time without prior notice to you. Whilst Amtac attempts to maintain resilience and the availability of the WasteID^® Service, Amtac may for operational reasons need to suspend providing the WasteID^® Service without prior notice to you.

Agent Agreement

Under Queensland's Environmental Protection Regulation 2008 (the Regulation), waste handlers must submit waste tracking information to the Department of Environment and Heritage Protection (the department). To facilitate the supply of this information, approved 'third party' waste tracking systems may be used, where all parties to the waste transaction enter into an agreement with the provider of the waste tracking system.

By using the WasteID^® Service you agree that Amtac may act as the 'agent' for the supply of applicable waste tracking information to the Department of Environment and Heritage Protection in relation to nominated waste consignments processed through the WasteID^® Service and in accordance with s81U(3) of the Environmental Protection Regulation 2008, as may be applicable.

This arrangement is allowed under the 'Agent' provisions under s81U of the Regulation.

Your Privacy

At Amtac we take your privacy extremely seriously and are not only committed to meeting all our regulatory obligations, but also ensuring that we deliver services our clients can continue to trust.

If you are accessing WasteID^® through a contract we have in place with a third party, such as the City of Gold Coast, we follow the privacy requirements specified by the client in addition to applying our own privacy principles.

As this is a dynamic facility involving opportunities to add data, upload files, and contribute information, the types of information that we collect from you will vary. For example, in order to create a WasteID^® Account and in some other instances it may be necessary to obtain details such as your name, address, contact telephone numbers, email address, and other relevant information. In other instances only non-identifying data may be collected, such as in anonymous survey responses.

Amtac may collect information when you contact us in person or by telephone, forward correspondence or forms (whether by browser, letter, fax or email), or visit web sites/portals maintained by Amtac. Due to the nature of the services provided to our clients, Amtac may also collect information from a third party. For example:

• from authorised parties updating information on your behalf, or otherwise involving you, or
• from other parties wishing to provide you with access to, or benefits associated with this web site.

It is a fundamental privacy principle that your consent is required for the collection of "sensitive information". Given that the transfer of information to us requires your active participation, we quite reasonably assume that you have consented to the collection of all information which is provided for use in accordance with this Statement, unless you advise us otherwise.

In some circumstances you may provide information anonymously, where it is lawful and practicable to do so. For example, some services on this portal may include provision for making contributions anonymously, such as through surveys. In such cases, no attempt is made at all to identify you or the computer you are using, and no information is collected electronically other than that provided by you through the forms you complete.

Notwithstanding the circumstances regarding anonymous contact with Amtac, our computers may automatically collect certain information that is necessary to provide functionality of the site or is required for security purposes to protect the operation of the site and information that may be accessed via this portal. In general terms, the following information may be collected:

• the date and time of your visit to the site;
• GPS details for location based actions;
• the type of web browser, operating system and device you have used (e.g. iPhone, Android, etc.);
• the time it took for particular pages to load;
• the IP (Internet Protocol) address of the machine you are using (or NAT gateway);
• the Login you have used to access the portal;
• the domain name of your server;
• the pages accessed and documents downloaded; and
• changes made to records during your session.

This web site uses Cookies for the purposes of facilitating the simple operation of the site and for security purposes. Cookies are not used to collect information, but may be used in support of managing your session and some actions such as submitting, editing or deleting records.

It should be noted that Cookies placed by Amtac can only be read by our servers. For more information on Cookies see the links provided on this page.

Where we detect or suspect unauthorised attempts to access, tamper or otherwise interfere with files published on our web sites/portals, or to manipulate or compromise data stored via those sites, we will use all resources at our disposal to collect such information that may be relevant to support an investigation of any such incident. Information relating to any such matter or other attempt to compromise the integrity or security of our servers will be provided to law enforcement authorities in the manner prescribed by law.

Your responsibilities

In using the WasteID^® Service you are responsible for and accept any consequences associated with your use of the WasteID^® Services, including (without limitation) as may arise from your obligation to maintain the currency and accuracy of the information or Material via the WasteID^® Service.

The intellectual property rights in any information or Material you upload or display on or through the he WasteID^® Service are retained by you or the authority under which you have transfered the material to the WasteID^® Website. By supplying information or material on or through the WasteID^® Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such information and material in any and all media or distribution methods and as otherwise governed by these Terms and any other contract that may be entered into separately related to WasteID^®. In submitting information and uploading material to the WasteID^® website, you agree to accept all liability for so doing and undertake to ensure that any information and/or files that you upload do not infringe the rights of any third party, and understand that any such infringement may subject you to personal liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any information and material that you add through the WasteID^® Service.

The term "material" may include, without limitation, computer files of any form, such as documents in various formats, images, illustrations, photographs, video recordings, and audio recordings.

Your Login and Password

Each user of the WasteID^® Service must be a 'natural person'. Shared use of credentials is not allowed for the WasteID^® Service.

You are responsible for maintaining and protecting the credentials you use to access the WasteID^® Service. We recommend that you use a different password on each of the Internet services you access and that you never share your password with anyone. If you believe at any time your password has been compromised, you should immediately change it and contact c3VwcG9ydEBXYXN0ZUlELmNvbQ== with all the details. By using the WasteID^® Service you agree that you have sole responsibility for the actions taken under your name when a person is logged into your account using your username and password.

Licence and Fair Use

Under these Terms and in return for payment of any fees that may be applicable, Amtac gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Amtac in order to access and use the WasteID^® Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the WasteID^® Service as provided by Amtac, in the manner permitted by these Terms and specifically prohibits any use of the WasteID^® Service for unlawful purposes or in any manner that may be considered to be detrimental to the commercial interests of Amtac or the interests of other WasteID^® Service users.

The WasteID^® Service includes the facility to send and receive messages and store information. It is a condition of use of the WasteID^® Service that these facilities are not to be exploited or misused and Amtac reserves the right to apply Fair Use provisions to any and all services, to establish limits on use and on storage, at our sole discretion and at any time without prior notice to you.

Rules and Restrictions

You may not do any of the following while accessing or using the WasteID^® Service, or coincidental to your use of this website:

1. display or enter false or misleading information;
2. use the WasteID^® Service for the purpose of harvesting information or spamming anyone;
3. use the WasteID^® Service in conjunction with any unlawful act;
4. harass, bully or stalk or attempt to harass, bully or stalk, or otherwise compromise the wellbeing of any user of the WasteID^® Service;
5. publish or link to offensive or malicious content;
6. access or search or attempt to access or search the WasteID^® Service by any means (automated or otherwise) other than through published interfaces that are provided by Amtac or in accordance with the provisions of the robots.txt file;
7. disrupt or interfere with, or attempt to disrupt or interfere with the use of the WasteID^® Service by any other user by any means, including without any limitation, the distribution of viruses or overloading the network or other aspects of the provision of the WasteID^® Service, or acting in any manner that may create an undue burden on theWasteID^® Service infrastructure.
8. probe, scan, or test the vulnerability of any WasteID^® related system or network, or breach or circumvent any security or authentication measures;
9. use the WasteID^® Service to send altered, deceptive or false source-identifying information.

Amtac's Rights

All right, title, and interest in and to the WasteID^® Service (excluding data covered under separate client agreements) are and will remain the exclusive property of Amtac. The WasteID^® Service is protected by copyright, trademark, and other laws of both Australia and other countries. Nothing in these Terms gives you any right to use the WasteID^® or QR2id name or any of Amtac's trademarks, logos, domain names, and other distinctive brand features for any purpose unless the subject of a separate binding written agreement between you and Amtac. Any feedback, comments, or suggestions you may provide to Amtac regarding the WasteID^® Service are entirely voluntary and Amtac will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Whilst highly sensitive information is stored in an encrypted form to protect the interests of WasteID^® Service users, Amtac reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

1. respond to user support requests;
2. comply with a lawful request or meet an obligation in a legal process;
3. investigate potential violations of these Terms;
4. detect, prevent, or otherwise address fraud, security or technical issues;

Where Amtac accesses any information related to a WasteID^® Service Client account in accordance with these Terms, all such access shall be logged and identifiable by the affected WasteID^® Service Client (provided the Account is not suspended or closed or such logging does not compromise a legal process).

Amtac reserves the right at all times to remove or refuse to display information and/or Material on the WasteID^® Service and to suspend or terminate users without liability to any WasteID^® Service Client or other person.

Termination of Agreement

These Terms remain in effect until terminated by either you or Amtac as follows:

1. discontinuing your use of the WasteID^® Service and/or closing your WasteID^® Service Accounts;
2. your WasteID^® Service Account is suspended or closed due to a failure to pay an invoice from Amtac within the prescribed time or as otherwise permitted under these Terms;
3. your WasteID^® Service Account is closed or your rights to access the WasteID^® Service are suspended where Amtac reasonably believes that you have acted contrary to these Terms or your actions create any legal or commercial risk to Amtac or its clients.

Notwithstanding the termination of this agreement and your rights to use the WasteID^® Service, applicable provisions within these Terms shall continue to apply insofar as they operate to protect the interests of Amtac and its clients.

Disclaimer

Use of the WasteID^® Service is undertaken at your own risk. Amtac provides the WasteID^® Service on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, Amtac disclaims all warranties and conditions, express or implied, of merchantability, or fitness for a particular purpose. Amtac disclaims all responsibility and liability for the currency, completeness, accuracy, availability, timeliness, or reliability of the WasteID^® Service.

Users of the WasteID^® Service website should be aware that some web browsers may incorporate plug-ins or other malicious or "helper" software that inserts links and/or advertising into the pages of websites being visited. The actions of such software occur on the affected computer and not on the server, so are outside the control of Amtac. It is your responsibility to use current malware/virus detection and removal software to minimise your risk of being unknowingly impacted by such programs, and we strongly recommend that you avoid knowingly installing such applications.

To the maximum extent permitted by law, Amtac shall not be liable for any indirect, incidental, consequential or punitive damages, or any loss of profits or revenues, or any loss of data, function, goodwill or other intangible losses resulting from or in any way related to the use of the QR2id Service. In no event shall Amtac's aggregate liability exceed the greater amount of one hundred Australian dollars (AU$100.00) or the amount you paid Amtac in the preceding three (3) months in direct relationship to the WasteID^® Service and giving rise to the claim.

Applicable Jurisdiction

The application of Terms and any related legal action will be governed by the laws of the State of Queensland, Australia. Any claims, legal proceedings or litigation arising in connection with the WasteID^® Service will be brought solely in applicable courts within Queensland, and in using the WasteID^® Service you consent to these conditions and waive any objection related to jurisdiction.

Entire Agreement

Notwithstanding provisions within any separate contract, these Terms are the entire and exclusive agreement between Amtac and you regarding the WasteID^® Service, and these Terms supersede and replace any prior agreements between Amtac and you regarding the WasteID^® Service. Amtac may revise these Terms from time to time, the most current version will always be at https://WasteID.amtac.net/terms. By continuing to access or use the WasteID^® Service after those revisions become effective, you agree to be bound by the revised Terms.