1.0 General Conditions

About AHIMS Web Services

• The AHIMS contains information for over 110,000 recorded Aboriginal sites and over 14,000 archaeological and cultural heritage assessment reports.
• Before carrying out any on-groundwork or activity thought must be given to how it might affect Aboriginal sites. For some activities, the National Parks and Wildlife Act 1974 requires the exercise of due diligence to see if Aboriginal sites might be harmed by activities. Checking the AHIMS is part of this due diligence.

Access and use of the AHIMS Web Services

• The NSW Government grants you a non-exclusive, non-transferable licence to access and use the AHIMS Web Services in accordance with these terms and conditions.
• Heritage NSW may at any time suspend or restrict user access at its own discretion.

Agreement to these terms and conditions of use

• These terms and conditions (as amended from time-to-time) govern the use of AHIMS Web Services. By clicking the 'I Agree' button you acknowledge that you understand and agree to be bound by these terms and conditions.

New or revised terms and conditions

• Heritage NSW may amend or vary these terms and conditions at any time at its own discretion and may do so without giving you any prior notice.

Internet charges

• You are responsible for any internet connection fees that you incur.

Service availability

• Heritage NSW is unable to guarantee that the services provided to you by the AHIMS Web Services will be available at any or all specific times and that these services will operate error-free as the provision of these services is influenced by the availability of related computer systems. Heritage NSW makes no warranties in regard to the availability of services, but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the AHIMS Web Services home page.

Governing law

• Your access to and use of the AHIMS Web Services is governed by the laws of New South Wales and the Commonwealth of Australia. By clicking the ?I Agree? button, you agree to submit to the non-exclusive jurisdiction of the courts in NSW and the Commonwealth.

2.0 Disclaimer

• By clicking the 'I Agree' button, you agree that Heritage NSW will in no way be held liable for any loss, damage or injury arising as a result of your use or reliance on the AHIMS Web Services or linked sites, or any indirect or consequential punitive or special damages or loss of profit arising as a result of your use or reliance on the NSW AHIMS Web Services or linked sites.
• Heritage NSW will in no way be held liable for any loss, damage or injury arising as a result of, or in part by, its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering any information through the AHIMS Web Services or linked sites.
• While the information on the AHIMS Web Services has been compiled and maintained with all due care, Heritage NSW does not warrant or represent the information is free from error or omission, or that it is exhaustive.

Links to other websites

• Third party links have been provided on the AHIMS Web Services in line with Heritage NSW's desire to promote a free exchange of information. Heritage NSW does not necessarily endorse or support the views, opinions, standards or information that appear on the linked sites or in any material authorised by third parties and published on the AHIMS Web Services. You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites including intellectual property on those sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link to any other site as a criticism or comment by Heritage NSW on the provider of content of that other site.
• Heritage NSW does not make any claim as to the accuracy, authenticity, currency, completeness, reliability or suitability of any information supplied by third parties or linked to third party sites.
• You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites including intellectual property on those sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link to any other site as a criticism or comment by Heritage NSW on the provider of content of that other site.
• In the event that you are offended or upset by the material which appears on this site and/or any linked site, you are entitled to lodge a complaint with the Australian Communications and Media Authority (ACMA) who will then investigate the complaint and take such action as it thinks fit. If you would like to know more about the ACMA's role in regulating Australian internet content, you can visit its website at http://www.acma.gov.au

3.0 Information, maps and spatial datasets

• Content available on the AHIMS Web Services should be treated as being for reference only and you should exercise your own skill and care with respect to the use and reliance of the material.

Information

• Heritage NSW endeavours to make sure that information available on the AHIMS Web Services is correct at the time of its publication. However, some parts of New South Wales have not been investigated in detail and there may be fewer records of Aboriginal sites in those areas. These areas may contain Aboriginal sites which are not recorded on AHIMS.
• The location details of Aboriginal sites are recorded in AHIMS as grid references (using easting and northing coordinates). There may be some historical errors in these recordings. This may include errors arising from the conversion of information from the imperial to the metric system, from the conversion of the database from a paper-based database to an electronic system, and from possible human errors when data was originally entered on AHIMS. The accuracy of AHIMS information can be cross-checked by locating the recorded site on the land. You should advise Heritage NSW of any inaccuracies in AHIMS information so that its records can be updated.
• You should obtain independent advice before making any decision based on the information on the AHIMS Web Services. Information on the AHIMS Web Services is made available on the understanding that the State of NSW, their servants and agents, to the extent permitted by law, accept no responsibility for any damage, cost, loss or expense incurred by you as a result of:
• Any error, omission or misrepresentation on the AHIMS Web Services;
• Any malfunction or failure to function of the AHIMS Web Services; and
• Without limiting the above, any delay, failure or error in recording, displaying or updating information, including but not limited to, data relating to credit holdings.
• Where there are known limitations to the information provided on the AHIMS Web Services, we will include an explanation of these limitations wherever possible. If there is any material that you consider to be misleading or inaccurate on the AHIMS Web Services, please contact ahims@environment.nsw.gov.au

4.0 Privacy statement

Personal information

• The AHIMS Web Services is provided and maintained by Heritage NSW. Heritage NSW is subject to the requirements of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). Under that Act, you have a right to know what information about you is collected and stored by Heritage NSW, as well as access and change your personal information that is held by Heritage NSW. For further information please see Heritage NSW's privacy statement

Site Visit Data

• To help Heritage NSW improve the AHIMS Web Services and provide better services to its users, Heritage NSW creates a record of your visit and logs the following information:
• the IP (Internet Protocol) address of the machine which has accessed it;
• your top-level domain name (for example .com, .gov, .au, .uk etc.);
• the date and time of your visit to the site;
• the pages visited; and
• cookies are used on the AHIMS Web Services to collect and store information.

Exceptions to the Rule

• Heritage NSW will not collect, use or disclose personal information other than the personal information stated above, except for the purpose of investigating:
• unauthorised attempts to access files that are not published on the AHIMS Web Services;
• unauthorised tampering or interference with files published on the AHIMS Web Services;
• unauthorised attempts to index the contents of the AHIMS Web Services by other sites;
• attempts to intercept messages or any data of other users of the AHIMS Web Services;
• communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed;
• attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or Commonwealth of Australia, or interfere with the enjoyment of the NSW planning portal by other users; and
• any other circumstances permitted under the PPIP Act.

5.0 Copyright

• The copyright material published on the AHIMS Web Services is subject to the Copyright Act 1968 (Commonwealth). The AHIMS Web Services contains third party material and provides access to third party material which may or may not be identified.

• Consistent with the NSW Government's Open Data Policy, Heritage NSW encourages the availability, dissemination and exchange of public information. Unless otherwise stated, material on the AHIMS Web Services where copyright vests in the Crown in right of the State of NSW is licensed under a Creative Commons Attribution 4.0 Licence (?Creative Commons Attribution Licence?) and should be attributed in the following manner '? State Government of NSW and Heritage NSW'.

• The Creative Commons licence does not apply to:
• The State arms or any emblem, New South Wales logo, symbol or trademark used by any agency of the State of NSW (except where such material is reproduced as an incidental part of using material under the general licence and otherwise in compliance with these terms and conditions of use);
• Intellectual property (including copyright) owned by third parties including photographs, illustrations, artwork, oral recordings and maps unless expressly stated to be published under the Creative Commons licence;
• Any material authored by third parties and published on the AHIMS Web Services; and
• Any material hosted on a different site.

• To enquire whether photographic images or any other material available on the AHIMS Web Services is Heritage NSW material or whether a third party holds copyright, or permission to use Heritage NSW material , please contact ahims@environment.nsw.gov.au

• You may publish the material permitted by the Creative Commons Attribution Licence to another website, however if you publish an entire document, we require that you make a direct link to the AHIMS Web Services to ensure that the latest version is always displayed. If you publish a photograph you must also observe and retain any copyright or related notices that may accompany the material as part of the attribution.

6.0 Feedback

• Help make the AHIMS Web Services even better by letting Heritage NSW know of any quality and usability issues you encounter by emailing ahims@environment.nsw.gov.au

• We may also request additional feedback from you through email, web questionnaires or other feedback mechanisms. By agreeing to these terms and conditions, you agree that Heritage NSW may contact you from time to time about the services provided through the AHIMS Web Services.

7.0 Offence to provide false or misleading information

• It is a serious criminal offence under the Crimes Act 1900 to provide information to Heritage NSW knowing that the information is false or misleading or the information omits any matter or thing without which the information is misleading.

8.0 Fee waiver principles

Types of waiver

• Two types of waivers can be issued:
1. Recurring waiver - may be granted to certain organisations or persons for an ongoing period. There is no specific expiry date for a recurring waiver.
2. One-time waiver may be granted on a case-by-case basis to certain organisations or persons depending on the circumstances. The waiver only applies to the specific services provided in that transaction.

• Fee waivers will not be approved where:
• the customer passes on the cost of fees to their clients or third parties.
• services are requested for commercial activities.
• services are requested by an Aboriginal person as part of their employment in a non-Aboriginal organisation (i.e. NSW government employee).

Recurring waivers

• Recurring waivers will be given for the following groups if the above three principles don't apply:
• Aboriginal community organisations or Aboriginal persons.
• Government organisations that are:
• Conducting emergency bush fire protection or hazard reduction work.
• Conducting emergency work in response to a natural disaster or significant event.
• Conducting compliance investigations for the protection of Aboriginal Cultural Heritage.
• Conducting regulatory work related to the administration of the National Parks and Wildlife Act 1974.
• Students currently enrolled in an Aboriginal cultural heritage (ACH) related course. Students must provide proof of current enrolment. They will also need to be registered in AHIMS with an email address issued by the same learning institution.

One-time waiver

• One-time waivers will be considered in the following circumstances:
• Where services are requested on behalf of an Aboriginal community and the customer can prove that no cost recovery measures are forwarded on to that organisation. A letter of support from the Aboriginal Community or group needs to be provided.
• Where services have been requested as a part of a research project endorsed by an education provider.
• Where services are requested for bona fide projects undertaken exclusively for the improvement of AHIMS data quality such as ground truthing or to coordinate correction of sites.
• Re-supply of services that have already been paid for but could not be delivered correctly (i.e. due to technical issues).
• Financial hardship as defined in section 14 of Revenue Collection & Debt Management Framework

Refund principles

• Refunds will be considered where:
• The service has been insufficiently provided.
• A request has been cancelled prior to the provision of service.
• Refunds will not be issued where the value requested is less than $60. In such an instance, the customer will be issued with a credit equal to the value of the original service.

I have read and understood the above.

1.0 General Conditions

About AHIMS Web Services

• The AHIMS contains information for over 110,000 recorded Aboriginal sites and over 14,000 archaeological and cultural heritage assessment reports.
• Before carrying out any on-groundwork or activity thought must be given to how it might affect Aboriginal sites. For some activities, the National Parks and Wildlife Act 1974 requires the exercise of due diligence to see if Aboriginal sites might be harmed by activities. Checking the AHIMS is part of this due diligence.

Access and use of the AHIMS Web Services

• The NSW Government grants you a non-exclusive, non-transferable licence to access and use the AHIMS Web Services in accordance with these terms and conditions.
• Heritage NSW may at any time suspend or restrict user access at its own discretion.

Agreement to these terms and conditions of use

• These terms and conditions (as amended from time-to-time) govern the use of AHIMS Web Services. By clicking the 'I Agree' button you acknowledge that you understand and agree to be bound by these terms and conditions.

New or revised terms and conditions

• Heritage NSW may amend or vary these terms and conditions at any time at its own discretion and may do so without giving you any prior notice.

Internet charges

• You are responsible for any internet connection fees that you incur.

Service availability

• Heritage NSW is unable to guarantee that the services provided to you by the AHIMS Web Services will be available at any or all specific times and that these services will operate error-free as the provision of these services is influenced by the availability of related computer systems. Heritage NSW makes no warranties in regard to the availability of services, but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the AHIMS Web Services home page.

Governing law

• Your access to and use of the AHIMS Web Services is governed by the laws of New South Wales and the Commonwealth of Australia. By clicking the ?I Agree? button, you agree to submit to the non-exclusive jurisdiction of the courts in NSW and the Commonwealth.

2.0 Disclaimer

• By clicking the 'I Agree' button, you agree that Heritage NSW will in no way be held liable for any loss, damage or injury arising as a result of your use or reliance on the AHIMS Web Services or linked sites, or any indirect or consequential punitive or special damages or loss of profit arising as a result of your use or reliance on the NSW AHIMS Web Services or linked sites.
• Heritage NSW will in no way be held liable for any loss, damage or injury arising as a result of, or in part by, its negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering any information through the AHIMS Web Services or linked sites.
• While the information on the AHIMS Web Services has been compiled and maintained with all due care, Heritage NSW does not warrant or represent the information is free from error or omission, or that it is exhaustive.

Links to other websites

• Third party links have been provided on the AHIMS Web Services in line with Heritage NSW's desire to promote a free exchange of information. Heritage NSW does not necessarily endorse or support the views, opinions, standards or information that appear on the linked sites or in any material authorised by third parties and published on the AHIMS Web Services. You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites including intellectual property on those sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link to any other site as a criticism or comment by Heritage NSW on the provider of content of that other site.
• Heritage NSW does not make any claim as to the accuracy, authenticity, currency, completeness, reliability or suitability of any information supplied by third parties or linked to third party sites.
• You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites including intellectual property on those sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link to any other site as a criticism or comment by Heritage NSW on the provider of content of that other site.
• In the event that you are offended or upset by the material which appears on this site and/or any linked site, you are entitled to lodge a complaint with the Australian Communications and Media Authority (ACMA) who will then investigate the complaint and take such action as it thinks fit. If you would like to know more about the ACMA's role in regulating Australian internet content, you can visit its website at http://www.acma.gov.au

3.0 Information, maps and spatial datasets

• Content available on the AHIMS Web Services should be treated as being for reference only and you should exercise your own skill and care with respect to the use and reliance of the material.

Information

• Heritage NSW endeavours to make sure that information available on the AHIMS Web Services is correct at the time of its publication. However, some parts of New South Wales have not been investigated in detail and there may be fewer records of Aboriginal sites in those areas. These areas may contain Aboriginal sites which are not recorded on AHIMS.
• The location details of Aboriginal sites are recorded in AHIMS as grid references (using easting and northing coordinates). There may be some historical errors in these recordings. This may include errors arising from the conversion of information from the imperial to the metric system, from the conversion of the database from a paper-based database to an electronic system, and from possible human errors when data was originally entered on AHIMS. The accuracy of AHIMS information can be cross-checked by locating the recorded site on the land. You should advise Heritage NSW of any inaccuracies in AHIMS information so that its records can be updated.
• You should obtain independent advice before making any decision based on the information on the AHIMS Web Services. Information on the AHIMS Web Services is made available on the understanding that the State of NSW, their servants and agents, to the extent permitted by law, accept no responsibility for any damage, cost, loss or expense incurred by you as a result of:
• Any error, omission or misrepresentation on the AHIMS Web Services;
• Any malfunction or failure to function of the AHIMS Web Services; and
• Without limiting the above, any delay, failure or error in recording, displaying or updating information, including but not limited to, data relating to credit holdings.
• Where there are known limitations to the information provided on the AHIMS Web Services, we will include an explanation of these limitations wherever possible. If there is any material that you consider to be misleading or inaccurate on the AHIMS Web Services, please contact ahims@environment.nsw.gov.au

4.0 Privacy statement

Personal information

• The AHIMS Web Services is provided and maintained by Heritage NSW. Heritage NSW is subject to the requirements of the Privacy and Personal Information Protection Act 1998 (the PPIP Act). Under that Act, you have a right to know what information about you is collected and stored by Heritage NSW, as well as access and change your personal information that is held by Heritage NSW. For further information please see Heritage NSW's privacy statement

Site Visit Data

• To help Heritage NSW improve the AHIMS Web Services and provide better services to its users, Heritage NSW creates a record of your visit and logs the following information:
• the IP (Internet Protocol) address of the machine which has accessed it;
• your top-level domain name (for example .com, .gov, .au, .uk etc.);
• the date and time of your visit to the site;
• the pages visited; and
• cookies are used on the AHIMS Web Services to collect and store information.

Exceptions to the Rule

• Heritage NSW will not collect, use or disclose personal information other than the personal information stated above, except for the purpose of investigating:
• unauthorised attempts to access files that are not published on the AHIMS Web Services;
• unauthorised tampering or interference with files published on the AHIMS Web Services;
• unauthorised attempts to index the contents of the AHIMS Web Services by other sites;
• attempts to intercept messages or any data of other users of the AHIMS Web Services;
• communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed;
• attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or Commonwealth of Australia, or interfere with the enjoyment of the NSW planning portal by other users; and
• any other circumstances permitted under the PPIP Act.

5.0 Copyright

• The copyright material published on the AHIMS Web Services is subject to the Copyright Act 1968 (Commonwealth). The AHIMS Web Services contains third party material and provides access to third party material which may or may not be identified.

• Consistent with the NSW Government's Open Data Policy, Heritage NSW encourages the availability, dissemination and exchange of public information. Unless otherwise stated, material on the AHIMS Web Services where copyright vests in the Crown in right of the State of NSW is licensed under a Creative Commons Attribution 4.0 Licence (?Creative Commons Attribution Licence?) and should be attributed in the following manner '? State Government of NSW and Heritage NSW'.

• The Creative Commons licence does not apply to:
• The State arms or any emblem, New South Wales logo, symbol or trademark used by any agency of the State of NSW (except where such material is reproduced as an incidental part of using material under the general licence and otherwise in compliance with these terms and conditions of use);
• Intellectual property (including copyright) owned by third parties including photographs, illustrations, artwork, oral recordings and maps unless expressly stated to be published under the Creative Commons licence;
• Any material authored by third parties and published on the AHIMS Web Services; and
• Any material hosted on a different site.

• To enquire whether photographic images or any other material available on the AHIMS Web Services is Heritage NSW material or whether a third party holds copyright, or permission to use Heritage NSW material , please contact ahims@environment.nsw.gov.au

• You may publish the material permitted by the Creative Commons Attribution Licence to another website, however if you publish an entire document, we require that you make a direct link to the AHIMS Web Services to ensure that the latest version is always displayed. If you publish a photograph you must also observe and retain any copyright or related notices that may accompany the material as part of the attribution.

6.0 Feedback

• Help make the AHIMS Web Services even better by letting Heritage NSW know of any quality and usability issues you encounter by emailing ahims@environment.nsw.gov.au

• We may also request additional feedback from you through email, web questionnaires or other feedback mechanisms. By agreeing to these terms and conditions, you agree that Heritage NSW may contact you from time to time about the services provided through the AHIMS Web Services.

7.0 Offence to provide false or misleading information

• It is a serious criminal offence under the Crimes Act 1900 to provide information to Heritage NSW knowing that the information is false or misleading or the information omits any matter or thing without which the information is misleading.

8.0 Fee waiver principles

Types of waiver

• Two types of waivers can be issued:
1. Recurring waiver - may be granted to certain organisations or persons for an ongoing period. There is no specific expiry date for a recurring waiver.
2. One-time waiver may be granted on a case-by-case basis to certain organisations or persons depending on the circumstances. The waiver only applies to the specific services provided in that transaction.

• Fee waivers will not be approved where:
• the customer passes on the cost of fees to their clients or third parties.
• services are requested for commercial activities.
• services are requested by an Aboriginal person as part of their employment in a non-Aboriginal organisation (i.e. NSW government employee).

Recurring waivers

• Recurring waivers will be given for the following groups if the above three principles don't apply:
• Aboriginal community organisations or Aboriginal persons.
• Government organisations that are:
• Conducting emergency bush fire protection or hazard reduction work.
• Conducting emergency work in response to a natural disaster or significant event.
• Conducting compliance investigations for the protection of Aboriginal Cultural Heritage.
• Conducting regulatory work related to the administration of the National Parks and Wildlife Act 1974.
• Students currently enrolled in an Aboriginal cultural heritage (ACH) related course. Students must provide proof of current enrolment. They will also need to be registered in AHIMS with an email address issued by the same learning institution.

One-time waiver

• One-time waivers will be considered in the following circumstances:
• Where services are requested on behalf of an Aboriginal community and the customer can prove that no cost recovery measures are forwarded on to that organisation. A letter of support from the Aboriginal Community or group needs to be provided.
• Where services have been requested as a part of a research project endorsed by an education provider.
• Where services are requested for bona fide projects undertaken exclusively for the improvement of AHIMS data quality such as ground truthing or to coordinate correction of sites.
• Re-supply of services that have already been paid for but could not be delivered correctly (i.e. due to technical issues).
• Financial hardship as defined in section 14 of Revenue Collection & Debt Management Framework

Refund principles

• Refunds will be considered where:
• The service has been insufficiently provided.
• A request has been cancelled prior to the provision of service.
• Refunds will not be issued where the value requested is less than $60. In such an instance, the customer will be issued with a credit equal to the value of the original service.

I have read and understood the above.