QCase – Terms and Conditions of Use
1.1 In these terms and conditions:
- 1.1.1 “You” and “Your” means the user or entities using the QCase system.
- 1.1.2 “We”, “Our” and “Us” means Queensland Courts and the Queensland Civil and Administrative Tribunal (QCAT).
1.2 QCase is an online electronic system that provides users with the ability to lodge and view applications and other documents in relation to proceedings brought in the Queensland Civil and Administrative Tribunal’s (QCAT) Minor Civil Dispute jurisdiction, and the Magistrates Courts of Queensland civil jurisdiction.
1.3 To use and access QCase, you must agree to and comply with the below conditions.
2. Access to information
2.1 The information available through QCase is provided as information only. It is not a substitute for, nor should it be considered or relied upon as independent legal advice. You must carefully consider and evaluate the information for its accuracy, relevance, completeness and suitability for their use or purpose. Users must at all times comply with their legal obligations in relation to the use, storage, disclosure or otherwise dealing with any information accessed via QCase.
2.2 To the maximum extent permitted by law,
- 2.2.1 We make no statements, representations or warranties about the accuracy, completeness or suitability for any specific purpose of any information contained in QCase
- 2.2.2 We make no warranties that QCase or information in QCase is free of defects or infection by computer viruses or other contamination.
2.3 To the fullest extent permitted by law, We disclaim all responsibility and all liability (including, without limitation, liability in negligence) for all expenses, losses, damages and costs You may incur as a result of using QCase or relying on the information in QCase, for any reason.
3. Account information
3.1 By using QCase, You accept responsibility for:
- 3.1.1 maintaining the confidentiality of any account information including usernames, logins, passwords, security questions and answers that you use to access QCase or any functionality within QCase.
- 3.1.2 all activities that occur within your accounts, usernames, logins, passwords, security questions and answers including that which may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.
- 3.1.3 logging out of your account and any areas in QCase containing sensitive information.
- 3.1.4 promptly reporting any suspicious or unauthorised activity in relation to your account/s, username/s, login/s, password/s, or security questions and answers as soon as you become aware of it.
- 3.1.5 cookies, which are required for security reasons to allow QCase to uniquely identify you and your computer. There are certain functions within the system that require the browser to allow the creation of “cookies” on your computer. Cookies are not used to collect personal information.
- 3.1.6 all activities that occur as a result of your use of QCase.
4.1 We endeavour to ensure QCase remains available 24 hours per day, 7 days per week. However, We make no warranty that QCase will be available at all times or at any particular time.
4.2 By using QCase, You acknowledge that QCase may become temporarily unavailable, including due to:
- 4.2.1 computer, web server or software malfunction or network congestion.
- 4.2.2 the failure of the communication network provided by the Internet Service Provider for You or Us.
- 4.2.3 ancillary equipment failures.
- 4.2.4 the need to carry out scheduled maintenance.
- 4.2.5 a serious threat posed to the system or any part of the system supporting QCase.
- 4.2.6 other circumstances beyond our reasonable control.
4.3 If for any reason QCase is unavailable, you accept that it is your responsibility to use other means to undertake urgent or time sensitive transactions, as well as obtaining information. The Department accepts no liability in relation to the temporary or permanent unavailability of QCase.
4.4 We may in Our sole discretion cease providing You with access to QCase, including by suspending or terminating Your access to QCase, without any obligation by Us to give notice or provide a reason.
4.5 We have no control over the data transmission speed where the internet is used for access.
5. Disclaimer of liability
5.1 We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by You as a result of You using QCase.
5.2 Without limiting the above paragraph, We disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in, relied upon or accessed through QCase.
6. Collection of personal information
6.1 We are collecting Your personal information, including name, address, email address, telephone details, and organisation, if relevant. We collect this information to verify the identity of users of QCase. It is Our usual practice to disclose this information to the Department of Justice and Attorney-General where required.
6.2 Your personal information will not be disclosed to any other third parties, unless authorised or required by law. Your personal information will be handled in accordance with the Information Privacy Act 2009.
7. Intellectual Property
7.1 You acknowledge that You do not acquire any property rights including intellectual property rights in information provided via QCase.
7.2 You may use the information provided via QCase for the purposes of tribunal or court proceedings in which You are involved as a party or a legal representative.
7.3 You are not granted any right to use, reproduce and adapt the information or develop derivative products from the QCase information or to use it for other purposes beyond the tribunal or court proceedings in which You are involved as a party or a legal representative.
8. Alteration of Terms and Conditions
8.1 We may, at any time, and at Our absolute discretion, vary these Terms and Conditions by making available a varied copy of these Terms in QCase. Your continued use of QCase following a change in the Terms and Conditions is an implied acceptance of the updated Terms and Conditions. It is Your responsibility to ensure You are aware of any changes to the Terms and Conditions when You access and use QCase.
9. Governing Law
9.1 This Agreement shall be governed by and interpreted in accordance with the laws and courts of the State of Queensland.