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Terms and conditions

Please read the below terms and conditions. Accepting the conditions is a requirement before you are giving MISH access. You can read it in a new window here

By accessing or using the MISH as a Registered User, you agree you understand and you acknowledge that you have read and accepted the MISH Privacy Collection Statement and MTIA Privacy Policy

Welcome to the Major Infrastructure Safety Hub, accessible at www.mish.vic.gov.au (MISH). 
MISH is hosted and administered by the Major Transport Infrastructure Authority (MTIA). 
Access to the MISH is limited to MISH users following registration (Registered Users).  By accessing or using the MISH as a Registered User, you agree you understand and accept these Terms of Use> and you acknowledge that you have read the MISH Privacy Collection Statement and MTIA Privacy Policy.

What is the MISH? 
MISH is an online platform through which safety information, programs, initiatives, learnings, and events across Victoria’s major transport infrastructure program can be shared by Registered Users. Once materials have been uploaded, they are available to all Registered Users to view and use in seeking to achieve their own safety outcomes.
Thank you for joining and contributing to this informal information sharing hub. Your contributions will assist in highlighting common approaches to safety matters, and enabling better collaboration and knowledge-sharing across the construction sector. 
Registered Users must register to sign-up to the MISH into order to obtain access to the information outlined above. Registered Users are provided with a valuable and convenient opportunity to consolidate and review  safety content. The MISH is a hub that is easily accessible (once registration has been obtained) and can be updated contemporaneously, to allow for rapidly evolving safety matters to be shared.

Use of MISH and MISH Materials 
Your use of the MISH and all materials, information, text, graphics and other content on the MISH (MISH Material) is governed by these Terms of Use. MISH Materials may include, without limitation, safety alerts and incident learnings, factsheets, as well as comments and other content posted to the MISH Message Board.

Please note the following in respect of your use of the MISH and uploading of or access to MISH Materials:
•	MISH Material is uploaded to the MISH at the discretion of individual MISH Registered Users.
•	As host of the MISH, MTIA does not itself approve or endorse any MISH Material, or the accuracy of any MISH Material.
•	MISH Material can be accessed, used and shared by other Registered Users for the purpose of sharing safety information and improving safety outcomes. MTIA performs a role as host and administrator of the MISH but takes no responsibility for the use and disclosure of MISH Material, once uploaded by a MISH user.
•	Registered Users should accordingly consider any privacy, commercial or other obligations prior to uploading any documents, information or other content on the MISH – noting that once uploaded it will be available to all without restriction. 
•	Documents that are merely operational or do not align with the purpose of the MISH should not be uploaded – for further information on suitable please see the User Guide. 
•	You grant MTIA and other Registered Users a irrevocable and royalty-free licence to exercise all intellectual property rights in any MISH Material that you upload or otherwise share via the MISH. You agree you have the consent of the holders of any intellectual property, copyright or trademark to deal with their property in this manner, prior to uploading any material.
•	You may be contacted by MTIA to confirm your access to and ongoing use of MISH from time to time.

Disclaimer and limited role of MTIA in relation to the MISH Material 
The MISH is made available for informational purposes only. MTIA’s role in connection with the MISH is to act as host and administrator only. As such MTIA does not make any representations or warranties about the accuracy, currency or completeness of any MISH Material. 
MTIA does not moderate or mediate content shared by MISH Registered Users – this means, that some content is uploaded or posted automatically and immediately without active moderation by the MTIA team. If you believe that information on the MISH (including any MISH Materials) is inaccurate or inappropriate, please contact MTIA on (MTIA-Safety@mtia.vic.gov.au), and MIA will take steps to enquire about the matter with the Registered User. 
To avoid doubt, hosting or providing access to the MISH does not amount to any endorsement or acceptance by MTIA of any MISH Material uploaded by a Registered User, including any safety standards adopted by Contractors across MTIA projects. Registered Users are each fully responsible for exercising care, diligence and professionalism in the use of the MISH and any MISH Materials, including independently assessing the applicability of any MISH Materials to a user’s individual requirements and circumstances. Each user assumes full responsibility for uploading any MISH Material in a manner which is lawful, does not infringe the rights of any other party and is consistent with your confidentiality and privacy obligations. You agree to these conditions. 
Use of the MISH and any MISH Material is voluntary and in no way affects the existing or future obligations of MTIA delivery partners, principal contractors or other project parties (Contractors) carrying out or involved in MTIA projects. The MISH, MISH Material and these Terms of Use do not in any way replace or modify a Contractor’s duties under applicable laws in relation to occupational health and safety, including any regulations and mandatory codes of practice and guidelines under any applicable laws, or any other legal obligations of a Contactor, in respect of any MTIA project, whether such obligations exist now or in the future.
Availability of the MISH and MISH Materials
The MISH is made available on an ‘as is’ basis. As administrator and host, MTIA takes steps to check and test the MISH but does not represent or warrant that the MISH is secure and that your access to or use of the MISH will be uninterrupted or error-free.
MTIA may remove MISH Material and any other content, including third-party content and links, or suspend the operation of the MISH at any time without notice. MTIA will not be responsible for any loss, damage or liability that may arise as a result. If you wish to remove or edit any MISH Materials from the MISH, contact MTIA to facilitate that removal or editing. 
MISH Message Board 
The MISH Message Board supports enhanced collaboration across projects by providing a forum through which Registered Users may identify emerging safety issues, raise safety queries, establish working groups and collectively solve problems impacting major transport projects in Victoria. 
Your use of the MISH Message Board is governed by these Terms of Use, as well as the User Guide. Any content uploaded to the MISH Message Board by the Registered User in breach of the User Guide (or otherwise deemed inappropriate at MTIA’s discretion and in furtherance of MTIA’s Ethical Behaviours Statement) may be removed without notice.

Limitation of Liability 
To the maximum extent permitted by law, you expressly agree that MTIA is not liable to you or to any other person (whether in contract, tort, negligence or otherwise) for any direct, indirect, incidental, special, exemplary or consequential damages (including without limitation loss of revenue or loss of profits) arising from or connected with any use of the MISH, or any MISH Materials. You agree this is an essential condition of your use of the MISH.
General
MTIA may change these Terms of Use without notice, but will post the updated date of each revision. If you continue to use the MISH, it will be taken that you have accepted the revised Terms of Use. 
The laws of Victoria, Australia, govern these Terms of Use. 
Version date
These Terms of Use were last updated on 10 July 2023.

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