You accept the Terms by remaining on the Website.
Copyright and Intellectual Property
The Website, the content and all of the related products of Council are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Council or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Council, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Council does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Council.
Council retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
You may not, without the prior written permission of Council and/or the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 5, and to the extent permitted by law:
Use of the Website and the content is at your own risk.
This website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Links to those websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the sites, or for any information, products or services referred to on those other websites. Your use of any link to a linked website is entirely at your own risk.
Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Council make any express or implied representation or warranty about the content or any products or content (including the products or content of Council) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Council’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Council, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
To the extent permitted by law, you agree that Council, will not be liable to you or anyone else for any loss or damage, howsoever caused that may be directly or indirectly suffered in connection with the use of this website or other entities linked to this website.
Council makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website or that the website will be uninterrupted or error free. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website.
If you want to terminate the Terms, you may do so by providing Council with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Council via the ‘Contact Us’ link on our homepage.
Council may at any time, terminate the Terms with you if:
Subject to local applicable laws, Council reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Council’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Council have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Council, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
The Website and Services offered by Council is intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the jurisdiction or courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia.
Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
You confirm and declare that the provisions of the Terms are fair and reasonable and that you have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.