Introduction
These Terms are in effect at all times while you are using the Online Platforms. By using the Online Platforms, you agree to these Terms. Please read them carefully.
We reserve the right to amend these Terms at any time.
Use of the Online Platforms
We make no guarantee that:
- use of the Online Platforms will be uninterrupted or virus and error free; or
- any information contained on the Online Platforms is complete, accurate or up to date.
Any information, opinions or advice contained on the Online Platforms has been made available for general personal use only and is provided without any express or implied warranty as to its accuracy or currency. All access to, and use of such information is at the user's risk.
We accept no responsibility for the results of any actions taken on the basis of any information, opinions or advice contained on the Online Platforms, nor for the accuracy or completeness of such information. Before relying on such information or any part of it, you should independently verify its accuracy or completeness.
You must take your own precautions to ensure that the process which you employ for accessing the Online Platforms does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Online Platforms or any other website or program linked with the Online Platforms.
We may ask other people to analyse traffic on the Online Platforms and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type or website visiting patterns.
Access to the Online Platforms may be terminated at any time by us without notice.
We expressly deny all and any Liabilities and responsibility to any person in respect of the consequences of anything done or omitted to be done by such person in reliance, whether wholly or partially, upon the Online Platforms, or any information contained therein. We will not be responsible for any indirect or consequential loss, including loss of profits arising out of the use of the Online Platforms or any information contained therein.
Privacy
We collect Personal Information to provide services and to generally carry on our business. We may disclose that information to third parties in connection with the provision of our services or to others who assist us in our business.
If you do not provide us with any Personal Information we may request from you, we may not be able to provide you with our services or otherwise assist you.
Legal Advice
Any information contained on the Online Platforms is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on any information contained on the Online Platforms, or any part thereof.
Linked Sites
The Online Platforms may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with third-party websites.
Any links we provide to third party websites should not be construed as endorsement, approval or recommendation by us of the owners or operators of those third-party websites, or of any information, graphics, materials, products or services referred to or contained on these third-party websites, unless and to the extent stipulated to the contrary.
Intellectual Property
You acquire no Intellectual Property Rights in using the Online Platforms, unless stipulated to the contrary.
Copyright and other Intellectual Property Rights in all material on the Online Platforms and underlying software codes and programs are held by us or licenced by us.
We grant you a non-exclusive, non-transferrable, royalty-free licence to print and download material from the Online Platforms for your personal and non-commercial use, provided such material is not modified without our consent.
Any information or material you send or post to the Online Platforms or otherwise provide to us will be considered non-proprietary and not confidential.
Security of Information
Whilst we strive to protect data transmitted over the Internet, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Changes to Material
We reserve the right to alter, amend, vary or otherwise change any information contained on the Website at any time and without notice to you.
Variation to Terms
We may alter these Terms at our discretion without notice to you.
Your Breach
You indemnify us against all Liabilities which we may incur in respect of your breach of these Terms.
Any breach or threatened breach of these Terms entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
General
Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Terms.
You must not assign or otherwise deal with these Terms or any right or obligation under these Terms without our written consent.
These Terms cover the entire agreement and understanding between you and us with respect to your use of the Online Platforms and supersede any prior agreement or understanding.
If there is any conflict between anything in these Terms and anything else on the Online Platforms, these Terms prevail.
A waiver of a provision of or right under these Terms by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
The failure, delay, relaxation or indulgence in exercising a power or right under these Terms is not a waiver of that power or right.
An exercise of a power or right under these Terms does not preclude a further exercise of it or the exercise of another right or power.
Any indemnity or release in these Terms survives termination of access to or closure of the Online Platforms. Any other provision in these Terms intended to do so, survives the suspension or termination of access to or closure of the Online Platforms.
The validity and interpretation of these Terms are governed by the laws of South Australia. Any dispute in connection with these Terms is subject to the exclusive jurisdiction of the courts of South Australia.
Definitions
In these Terms, unless the context appears otherwise:
Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
Online Platforms means the website at www.wattlerange.sa.gov.au, all information, tools and other material posted or accessible from that website, and online systems accessible to the public, including the Customer Relationship Management (CRM) system implemented by us using Datascape.
Personal Information means information about an identified individual who is reasonably identifiable, regardless of whether the information is true or not, or whether the information is recorded in a material form or not.
Terms means these Terms and Conditions as amended from time to time.
We, our and us refers to Wattle Range Council.
You, your and yourself refers to any person viewing or using the Online Platforms, including any links from the Online Platforms, either wholly or in part and includes a person who requests or places an order for a product or service through the Online Platforms, or who makes a payment in connection with the use of the Online Platforms, or whose credit or debit card is used in connection with the Online Platforms.
Interpretation
In these Terms, unless the context otherwise requires:
headings do not affect interpretation;
singular includes plural and plural includes singular;
words of one gender include any gender;
a reference to a party includes its employees, officers, contractors, executors, administrators, successors and permitted agents and assigns;
a reference to a person includes a partnership, corporation, association, government body and any other entity;
a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
a provision is not to be construed against us only because we prepared it;
an unenforceable provision or part of a provision may be severed, and the remainder of these Terms continues in force, unless this would materially change the intended effect of these Terms;
the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.