The term “Content” in these terms and conditions refers to all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise, posted by you or by us.
The terms “we”, “us” and “our” in these terms and conditions are each a reference to Boroondara City Council ABN 83 441 314 965.
The term "you" in these terms and conditions refers to the person accessing or using this website or the services provided through or in connection with this website.
These terms and conditions apply whenever you access this website, regardless of how you access it.
Use of this website
1. We are the owner and operator of this website.
2. Subject to these terms and conditions, any person may access or use this website via the internet without registering with or disclosing to us any personal information.
3. You agree to be bound by these terms and conditions, which are subject to change from time to time without notice to you. You are solely responsible for keeping up to date with any changes to these terms and conditions. You may wish to bookmark this page so you can review the terms and conditions whenever you use this website.
4. Your use of and access to this website indicates your acceptance of these terms and conditions, as they exist at the time of your use and access.
5. Please contact us at [email protected] if you think these terms and conditions have been violated.
6. Your privacy is important to us. These terms and conditions should be read together with our Privacy Statement, which explains how we collect, use and disclose personal information we receive from you.
Intellectual property in the website
8. The entire contents and design subsisting in, relating to or arising out of this website, including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement are the intellectual property of us, our content providers and our licensors with all rights reserved.
9. You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except where expressly authorised in these terms and conditions.
10. We respect the intellectual property rights of others, and require our users to do the same. If you believe that your intellectual property has been copied or posted on this website in a way that constitutes infringement of your intellectual property rights, please let us know.
11. Some information on this website is freely available for use in other publications as long as it is represented accurately and fairly. Please contact us on the details outlined in paragraph 8 below if you would like to reproduce any information on this website.
12. The City of Boroondara logo must not be used or reproduced without our written permission.
13. You acknowledge that you are solely responsible for the accuracy, completeness and legal compliance of all Content you contribute to or post on this website, whether publicly posted or privately transmitted.
14. You grant to us an irrevocable, royalty free and perpetual licence to use, disclose and sub-licence the Content you submit to this website for any of our purposes other than commercialisation.
15. You represent and warrant that:
a) you have all of the necessary rights (including any intellectual property rights) in the Content you contribute to this website and are able to licence the Content to us under these terms and conditions
b) that your Content is not defamatory and does not infringe any law.
16. You indemnify us against any and all loss or damage, including legal fees and other expenses, that may be incurred by us as a result of a breach of the above representation and warranty on a full indemnity basis.
17. In relation to this website, you must not:
a) post Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any person
b) transmit Content that is or includes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests or any other form of solicitation, except in those areas of this website that are designated for that purpose
c) transmit Content that contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
d) transmit Content that harms, or may harm, minors in any way, or that otherwise cannot, by law, be accessed by any person under the age of 18 years
e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
f) create a false identity for the purpose of misleading others as to your identity or the originator of a message
g) interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website
h) attempt to gain unauthorised access to this website, other user accounts, computer systems or networks, through password mining or any other means
i) intentionally or unintentionally violate any applicable law
j) "stalk" or otherwise harass another user
k) interfere with another user's use and enjoyment of this website
l) collect or store personal data about other users of this website
m) make any unauthorised commercial use of the site.
18. By using this website, you agree that:
a) we have the right (but not the obligation) in our sole discretion to refuse to publish or remove any Content that is available via this website
b) you will evaluate, and bear all risks associated with, the use of any Content that you make available on this website, including any reliance on the accuracy, completeness, or usefulness of such content
c) we may preserve the Content posted on this website and may disclose that Content if required to do so by law.
19. You agree to comply with the Moderation Rules, which can be found at [[link to moderation rules]].
Risk and Liability
20. You acknowledge that:
a) you use this website at your own risk
b) we make no representations or warranties in relation to the quality, accuracy, completeness or fitness for purpose of any Content, whether posted by us or by a user
c) we are not responsible for, and accept no liability in relation to, your use of this website, the Content or your conduct in connection with this website or Content in any circumstance, whether online or offline.
21. This website contains links to other websites for convenience only. We are not responsible for the currency, accuracy, content or privacy practices associated with linked websites. By including a link to a website, we do not sponsor, approve, endorse or recommend the products, services or information available on linked websites.
22. To the fullest extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of this website.
23. You may have rights under the Competition and Consumer Act 2010 (Cth) or other applicable legislation in respect of any goods or services supplied via this website. If so, our liability to you is limited, at our option, to:
a) in the case of goods supplied by us, replacement of the goods or the supply equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; or
b) in the case of services supplied or offered by us, supply of the services again or payment of the cost of having the services supplied again.
24. To the maximum extent permitted by law, we are not liable to you on any other basis (including, without limitation, by negligence) or for any other direct, indirect or consequential loss or damage arising from or in connection with the use of this website or linked websites.
25. We do not represent or warrant that this website or linked websites are free of computer viruses or other defects. You must take your own precautions to ensure that this website or linked websites do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
26. We reserve the right, at our discretion, to do one of more of monitor, suspend, restrict and terminate your access to this website at any time without notice.
27. If you breach any of these terms and conditions, your permission to use the website automatically terminates.
28. We will not be in breach of these terms and conditions or otherwise liable to you or any other person for any unavailability or failure of this website or the Content or any delay or other failure by us to provide access to this website.
29. You must not use this website for any purpose, or in any way, which is unlawful.
30. These terms and conditions are governed by the laws of Victoria. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria.
31. These terms and conditions constitute the entire agreement between you and us, and governs your use of this website, superseding any prior agreements between you and us.
32. You acknowledge that you may be subject to additional terms and conditions that apply when you use any linked websites, affiliated services, third party content or third party software.
33. Our failure to exercise or enforce any right or provision of these terms and conditions must not be treated as a waiver of the right or provision.
34. If you have any questions about these terms and conditions or any concerns about this website or the Content, please contact us on 03 9278 4444 [email protected]boroondara.vic.gov.au.