Terms of Use

These ‘Terms of Use’ were published on 19 July 2018 and comprise the terms on which you use the https://www.icare.nsw.gov.au/ website.

In these Terms of Use:

icare

refers to Insurance and Care NSW (ABN 16 759 382 489), which has established and provided this Website on behalf of the Nominal Insurer, to assist in the management of claims for the Scheme.

Nominal Insurer

refers to the Workers’ Compensation Nominal Insurer (ABN 83 564 379 108).

Scheme

refers to the NSW Workers’ Compensation scheme.

Website

refers to this website: https://www.icare.nsw.gov.au/

Your Agreement to these Terms and Your Use of this Website

By using this Website, including accessing or browsing the Website, you agree to accept and comply with these Terms of Use. Your use may also be subject to the Information Access Agreement.

Purpose: The Website and its content are made available to citizens and residents of New South Wales for your information and to assist in the management of claims for the NSW Workers’ Compensation scheme, and all content is provided solely in support of the services required to engage with and manage policies and claims made under the Scheme.

Prohibited Use: You may not distribute, modify, transmit, reuse, repost, or use the content of the Website for any public or commercial purposes, including the text, images, audio and video without the written permission of icare.

Updates: icare may at any time revise these Terms of Use by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.

Conduct

You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Website, or the Scheme.

Prohibited Conduct: You must use this Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of this Website by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to this Website. You must not post or transmit via this Website any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.

No interference: You must not:

• tamper with, hinder the operation of, or make unauthorised modifications to this Website or any of its contents;
• knowingly transmit any virus or other disabling feature to this Website; or
• attempt any of the above acts or permit another person to do any of the above acts.

Security

Personal and Health Information: The Website is used to store personal and health information which icare protects in accordance with the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002. These legal obligations apply to all collection, use, disclosure, and storage of personal and health information in the course of administering the Scheme. You undertake and agree to abide by all restrictions imposed by icare to protect personal and health information in the course of accessing this Website, including the Privacy Principles Statement.

Access Protection: icare provides all authenticated users with a username and password. If you are given a username, it may only be used by one individual, must not be provided to any other person, and must be kept confidential and secured from access by others. You will be held responsible for all access to the Website made under your username, even if the access was made by another person.

Monitoring: icare may use various systems and security measures to safeguard the personal and health information stored on this Website from misuse, interference, loss, unauthorised access, modification, and disclosure. These may include firewalls, intrusion detection and virus scanning tools, auditing and compliance monitoring. icare may take risk management and fraud prevention steps such as conducting claims audits and analysis of claims. icare may also keep a record of each authenticated user’s log on, transactions on the Website, including tracing or auditing all user activity under the user’s individual username.

Ownership of Content and Intellectual Property

Owner: Unless otherwise stated, copyright in all material on this website is vested in the State of New South Wales through icare.

Trade Marks: All trade marks are protected from commercial use by third parties. You must not use any registered or unregistered trade marks on the Website without either the prior written permission of icare, or the prior written permission of the relevant trade mark owner.

Copyright: The material may be downloaded, displayed, printed and reproduced without amendment for personal, in-house, or non-commercial use. We request attribution as: © Insurance and Care NSW. Any other use of the material, including alteration, transmission or reproduction for commercial or promotional use is not permitted without the written permission of icare. To ask for permission to use the material, all inquiries should be directed to the icare Creative Services team via email at CreativeServices@icare.nsw.gov.au. icare does not warrant or represent that your use of all materials displayed on the Website will not infringe rights of third parties.

Images: Images of people or places displayed on the Website are either the property of, or used with permission by icare. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.

Enforcement: You are also advised that icare, in its sole discretion, may choose to aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution or to refer violators to the appropriate authorities in the relevant jurisdiction. Where intellectual property rights are vested in agents or contractors of icare, icare advises that they may choose to aggressively enforce their own rights too.

icare’s Liabilities to You

Content: icare assumes no liability or responsibility for any errors or omissions in the content of the Website.

No warranty: icare makes no warranty that the Website will meet users’ requirements, that the Website will be uninterrupted, timely, secure, or error free. Users understand and agree that any information or material obtained through the Website is obtained at the user’s discretion and risk.

Links: All care is taken to provide links to suitable material from this Website, however icare accepts no responsibility for the accuracy, currency, reliability and correctness of any information included in material provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including internet sites) outside of icare. icare does not accept any liability or responsibility for any cookies, data or personal information collected by other linked sites accessed through this Website, nor the linked sites themselves.

No guarantee: The internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. icare does not warrant or represent that this Website or any linked sites, are free from anything which may damage any computer used to access the Website. icare hereby disclaims liability for any kind of loss or damage arising from, or in connection with, use of any information on this Website, or on sites linked from this Website.

Breach of these Terms of Use

icare may, in its sole discretion, terminate or suspend your access to the Website, or remove and discard any content within the Website, for any reason, including without limitation, if icare believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

Enforcement: If you conduct any illegal activities or otherwise breach these Terms of Use, icare reserves the right, in its absolute discretion, to:

• report to any or all of your employer, an authority or other relevant party, and internet service provider, and
• disclose your personal or other information relevant to your activities or breach, and
• take legal action.

Governing law: Your use of the Website is also subject to any other law or regulation that applies to the Website or the internet. All of the terms and conditions found on this Website, including those within these Terms of Use are governed by the laws of New South Wales. By entering and using the Website you agree to submit to the exclusive jurisdiction of the New South Wales courts in the event of any dispute. If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

Ownership: icare acts for and on behalf of the Nominal Insurer, including in providing this Website. Any obligations the user has, or indemnities the user gives to icare under these Terms of Use are therefore also given to the Nominal Insurer.