Office of Industrial Relations online services - terms of use

These terms of use are applicable to Office of Industrial Relations (OIR) online services.

1. Terms

We may vary these terms or other conditions for using OIR online services at any time by publishing the new terms on our website. Your access to, and use of OIR online services is subject to these terms and conditions and our privacy policy. By accessing and using OIR online services, you acknowledge that you have read and understood, and agree to be bound by these terms.

We do not warrant or make any representation:

that content, links, or forms contained on, or associated with OIR online services will be available and accessible to you at all times
that your use of this system will be uninterrupted
that your system will meet the minimum requirements (as apply from time to time) to enable your use of this system
in relation to the speed of transmission of data.

We may change or discontinue OIR online services or any part thereof at any time without prior notice to you. Accordingly, any links that you save or forward may not remain current.

You agree that our electronic record of your use of OIR online services is a true and correct record and will be relied on as such.

Information on OIR online services and in any of our publications should not be regarded as a substitute for professional legal, financial or expert advice.

2. Minimum system requirements

When you access the system, cookies are placed on your computer automatically. If you wish to use this system you will need to accept cookies. To enable cookies, you may need to change your internet browser configuration.

3. Restrictions on use of OIR online services

In accessing or using the system you agree that you will not:

use any automated device, software, process or means to access, retrieve, scrape, or index the system or any content on the system
use any device, software, process or means to interfere or attempt to interfere with the proper working of the system
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
transmit any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane or offensive material, or otherwise use the system in any manner which is, in our sole discretion, offensive, inappropriate or improper
use the system or any content from the system in any manner which is, in our sole discretion, not reasonable or not for the purpose for which it is made available
violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right
pose as any person or attempt to solicit money, passwords or personal information from any person
access any information that you know, believe or suspect to be outside the terms of your authorised access
use or attempt to use someone else's password to gain access to this system or to any areas in this system to which you do not ordinarily have access
breach a term or any relevant law
reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the system or any content on the system, except as expressly authorised by us
transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we consider necessary, in our sole discretion, to prevent unauthorised access to or use of OIR online services, or breach of the terms including instituting technological barriers, or reporting the conduct to any person.

We may at any time, in our sole discretion, and without liability to you, remove, alter or disable your access to OIR online services, without prior notice to you.

4. Registration for use of OIR online services

When you register to be an OIR online services user you will be automatically assigned a role within the system (OIR online services recognises two types of users: administrative users and general users).

Use of OIR online services on behalf of a customer

OIR online services allows a duly authorised user to act on behalf of an individual or entity (customer) as an agent.

It is the customer's responsibility to be informed of any actions undertaken by its user/s. The customer may be liable in respect of the use of OIR online devices by its user/s, including for the provision of false, misleading, or incomplete information.

Administrative users

As the authorised representative for a customer’s OIR online services account, the administrative user has the role of creating all general user registrations in the relevant customer’s account and is directly responsible for removing accounts of users who are no longer employees, staff members or authorised persons of the third party. We accept no liability for unauthorised access to a customer account.

5. Electronic correspondence

By registering to use OIR online services and by providing a nominated email address, you consent to the use of that information for the purpose of us sending electronic correspondence to that email address.

6. Customer data

You represent and warrant that you will not provide data that:

infringes the intellectual property rights of any third party
is misleading or deceptive
is materially incorrect
in our sole opinion, is threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane or offensive, or is likely to cause offence
is unlawful or may encourage unlawful conduct
is otherwise inappropriate having regard to the purpose of OIR online services.

We may at any time, at our sole discretion and without liability to you, remove, alter or disable access to any or all of your data, without prior notice to you, including if we consider that:

the data is in breach of these terms or any law
we are required to do so by a regulatory body or any authority pursuant to relevant legislation
the data is corrupted, due to the presence of a virus or other disabling code.

7. Providing false or misleading information

The provision of false, misleading, or incomplete information may lead to legal action, including prosecution or penalties under the relevant legislation.

8. Fees

You must pay all fees applicable to application (including, without limitation, fees prescribed under the relevant legislation and subordinate legislation) at the time you submit an application through OIR online services. You will be prompted to pay the applicable fees at the completion of the process of submitting your application.

Where, for any reason, we do not receive full payment of all applicable fees that you are liable to pay in relation to an application, the application will be considered not to have been submitted. We may review and change fees at any time. Any changes to fees take effect on the date we publish the changes on our website.

In relation to this clause 8, we do not accept any liability for system faults, failures or delays that occur during the electronic transfer process.

9. Payment

Payment can only be made using the following credit cards:

VisaCard
MasterCard

Before using the online payment service, enquiry should be made of the bank and credit card provider for other fees (if any) that may be incurred as a result of using the online payment service. Any credit or bank fees will be separately billed to your credit card.

OIR does not receive any part of the bank or credit card fee/s.

All requests for cancellation of applications and refunds should be directed to labourhire@oir.qld.gov.au. If a cancellation and refund request is received the refund for a partial or full amount of the licence fee will be processed by the Labour Hire Licensing Compliance Unit. Credit or bank fees separately billed by your banking institution will not be refunded.

Payment completed through the online payment service is subject to your financial institutions and credit card provider individual terms and conditions. You must direct your queries to them for processing times and if the payment is subsequently refused or reversed by the credit card provider, for whatever reason, OIR accepts no responsibility for refusal or reversal of payments which are matters solely between the user of the service and the credit card provider/s.

The information supplied in the application and payment form and when using the online payment service is required to process your application and payment accurately and efficiently.

The online payment service is provided through a secure website. However OIR is not able to give any assurance that information provided online by a user may not be able to be read or intercepted by a third party. OIR does not accept any liability in the event of the interception, 'hacking' or other unauthorised access to information provided by a user of the online payment service.

OIR does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred from the use of the online payment facility.

No warranty, representation or guarantee, express or implied, is given by OIR in respect of the operation of the online payment service.

The above disclaimer, warranty and limitation of liability operate only to the extent permitted by law.

Any queries or complaints in relation to the registration and online payment service, please contact the Office of Industrial Relations on 1300 576 088.

10. Disputes

Any dispute arising out of or in connection with the use of OIR online services (the 'dispute') shall be resolved as follows:

The parties shall first refer the dispute to mediation by a mediator approved by the Queensland Law Society who is agreed to by the parties; or failing agreement, appointed by the President of the society, on the terms of the standard mediation agreement approved by the society.
The reference shall commence when either party gives written notice to the other, specifying the dispute and requiring its resolution under this provision.
Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the dispute under this provision.
If the dispute is not resolved within 21 days of the commencement of the reference under this provision, either party may then (subject to the following subsection), commence proceedings in any court of competent jurisdiction.
Nothing in these terms or conditions prevents a party from commencing court proceedings relating to any dispute at any time where that party is seeking urgent interlocutory relief.

11. BPOINT

Online payment through OIR online services is via the BPOINT portal supported by the Commonwealth Bank of Australia. To make a payment you will leave OIR online services and be redirected to the Queensland Government payment gateway operated by BPOINT to complete the transaction.

12. Liability and indemnity

Release

You release to the full extent permitted by law, us and our representatives from all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) that you have, or may have in the future, against us or our representatives in respect of or in any way arising out of the use of OIR online services, except to the extent that the loss, injury or damage was caused by the negligence of us or our officers, employees or agents.

No liability for consequential or indirect loss

Neither we nor our representatives will, in any circumstances (including for negligence), be liable to you for any loss of revenue, loss of profit, loss of anticipated savings or business, loss of opportunity (including opportunity to enter into or complete arrangements with third parties), loss of data or goodwill, loss of reputation or any indirect or consequential loss, whether arising in contract, tort (including negligence) or otherwise, in connection with your use of OIR online services (including through any person using the system on your behalf or purportedly on your behalf).

Indemnity

You indemnify us and our representatives against all liability, loss, costs and expenses (including any actions, claims, proceedings or demand brought by any third party, and any legal fees, costs and disbursements on a solicitor and own client basis) arising from or incurred in connection with:

any use of the data by us or our representatives
any default by you or your representatives of the terms
any unlawful, willful or negligent act or omission of you, your representatives or any person for whose conduct you are liable
personal injury (including sickness and death) or property damage or loss in connection with the use (or attempted or purported use) of OIR online services
any infringement or alleged infringement of any intellectual property rights or moral rights of any person, which infringement or alleged infringement occurred in respect of any data provided, or any use of OIR online services.

Your liability to indemnify us and our representatives under these terms will be reduced proportionally to the extent that any negligent act or omission by us caused the loss or liability.

The indemnity granted in these terms is in addition to and not exclusive of any other remedies we may have against you at law. It is not necessary for us to incur expense or to make a payment before enforcing a right of indemnity conferred by these terms.

13. Intellectual property and disclosure of information

Nothing in these terms authorises the transfer or use of any intellectual property rights including copyright, unless explicitly granted by a licence or permitted exceptions under the Copyright Act 1968 (Cth). You acknowledge and agree that the Right to Information Act 2009 (Qld) may apply to data provided by you through OIR online services.

The Right to Information Act 2009 (RTI Act) provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies. The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or on balance, disclosure is contrary to the public interest. You acknowledge and agree that data provided by you and other information in OIR online services is potentially subject to disclosure to third parties pursuant to the RTI Act.

14. Jurisdiction

Your use of OIR online services, these terms, our privacy policy and all other relevant terms and notices will be governed by and construed in accordance with the laws of the State of Queensland, and you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

15. Definitions

Administrative user means a user described as such in OIR online services.

OIR online services means the online digital platform named as such, used for business process management within the Queensland Government's Office of Industrial Relations.

Data means information including text, video, still images, audio or other material that is shared, published, posted, stored or uploaded on OIR online services.

General user means a user described as such in OIR online services.

Lodgement means those processes that can be submitted through OIR online services, which includes but is not limited to: applications, renewals, reports and change of details.

Representative means an employee, agent, officer, director, contractor, subcontractor or other authorised representative of a party.

Terms means these terms of use for OIR online services, as varied, updated or amended from time to time.

Us means the State of Queensland acting through the Office of Industrial Relations and where the context allows, includes our representatives.

You means the user of OIR online services and where the context allows, includes your representatives.