Terms and Conditions
This website is produced by Sutherland Shire Council. The functionality on this website and mobile website is provided by Sutherland Shire Council (ABN 52 018 204 808) of 4-20 Eton Street, Sutherland NSW 2232.
Where references in these Terms and Conditions is made to “we”, “us” or “our”, then that is a reference to Sutherland Shire Council.
By using this Website, you agree with us to be bound by these Terms and Conditions, the Sutherland Shire Council’s Privacy information (Privacy, information and reporting | Sutherland Shire Council (nsw.gov.au)) and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.
Permitted Use
You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.
Minimum Age
You warrant that you are over the age of 13.
Use of Content
With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.
Intellectual Property
The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.
All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person. By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.
Confidential Information
Any information that we collect from you, User Content, or personal information (as defined in the Privacy Policy) will held by us in the strictest of confidence.
Disclaimer
Your use of this Website is exclusively at your own risk.
This Website and Content contained herein, is made available for information purposes only. We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of this Website’s content.
Third Party Material
This Website may contain links to content or websites operated by third parties (Third Party Links). Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us. Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.
Cookies
Cookies are blocks of data that we may issue to or request from your device during your use of this Website.
We use cookies from time to time to enable this Website to work more efficiently, to provide us with information about your activities whilst on this Website, and to collection information about general Website statistics.
Our use of cookies will not allow us to obtain personal information that will identify you. Such personal information will only be provided to us if you have set the preferences in your browser to provide this information automatically.
You may delete and block all cookies used by this Website, however if you do so, parts of this Website may not work as designed.
If you would like to find out more information about cookies, including how to manage them, visit www.allaboutcookies.org.
Liability
With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.
Indemnities
With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.
Privacy
You acknowledge that all personal information we collect from you will be collected and handled in accordance with Sutherland Shire Council’s Privacy Policy (www.sutherlandshire.nsw.gov.au/Council/Policies-and-Documents/Policies/Privacy-Policy).
Amendments
These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website are subject to change without notice to you at any time and at Sutherland Shire Council’s sole discretion. Your continued use of this Website will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website.
General
With respect to this Website, these Terms and Conditions as well as your use of the Website shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us as specified in clause 11 of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.
We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.