Palerang Council - Electronic Rates & Notices Website
Terms of Use and Notices
Last
Updated: March 2012
1. AGREEMENT
BETWEEN YOU AND PALERANG COUNCIL
Palerang Council Electronic Rates & Notices (PCERN) Web Site is made up of various
Web sites and Web pages operated by Palerang Council, PO Box 348, Bungendore NSW 2621 or its affiliates
(collectively, "PCERN Web Site"). This Terms of Use and Notices
applies to PCERN Web Sites and does not apply to the content of third
parties.
PCERN Web
Sites are offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of PCERN Web
Sites constitutes your agreement to all such terms, conditions, and notices.
2. PRIVACY
AND PROTECTION OF PERSONAL INFORMATION
To see
our
Privacy Statement for disclosures relating to
the collection and use of your personal information.
3. USER
REGISTRATION, PASSWORD, AND SECURITY
PCERN Web
Site requires you to register. You must complete the registration process by
providing us with current, complete and accurate information as prompted by the
registration form. You then will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password.
Furthermore, you are entirely responsible for any and all activities that occur
under your registration. You agree to notify Palerang Council
immediately of any unauthorized use of your account or any other breach of
security. Palerang Council will not be liable for any loss that you may
incur as a result of someone else using your password, either with or without
your knowledge.
4. MODIFICATION
OF THESE TERMS OF USE
Palerang
Council reserves the right to change the terms, conditions, and
notices under which PCERN Web Site and services offered on PCERN Site (“PCERN Services”). You are responsible for regularly reviewing these terms
and conditions and additional terms posted on websites operated by Palerang Council. Your continued use of PCERN Web Sites/Services constitutes your agreement to all such terms, conditions,
and notices.
5. PERSONAL
AND NON-COMMERCIAL USE LIMITATION
Unless
otherwise specified, PCERN Web Sites/Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information or services obtained from PCERN Web
Sites/Services. Without the advance express written permission of Palerang Council, you may not ‘meta-search’ PCERN Web Sites/Services,
send, or cause to be sent, any automated queries of any sort to PCERN Web Sites/Services, or use PCERN Web Sites/Services in any commercial manner.
6. LINKS TO
THIRD PARTY SITES
PCERN Web
Sites/Services may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of Palerang Council and
Palerang Council is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Palerang Council is not responsible for webcasting or any other form of transmission received from any
Linked Site nor is Palerang Council responsible if the Linked Site is
not working appropriately. Palerang Council is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Palerang Council of the site or any association with its
operators. You are responsible for viewing and abiding by the privacy statements
and terms of use posted at the Linked Sites.
Any dealings
with third parties (including advertisers) included within PCERN Web
Sites/Services or participation in promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions, warranties
or representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. Palerang Council
shall not be responsible or liable for any part of any such dealings or
promotions.
7. NO
UNLAWFUL OR PROHIBITED USE
As a condition
of your use of PCERN Web Sites/Services, you must not use PCERN
Web
Sites/Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You must not use PCERN Web Sites/Services in any
manner that could damage, disable, overburden, or impair any PCERN Web
Site/Service(s) (or the network(s) connected to any PCERN Web Site/Service(s))
or interfere with any other party's use and enjoyment of any PCERN Web
Site/Service(s). You must not attempt to gain unauthorized access to any PCERN
Web Site/Service, other accounts, computer systems or networks connected to any PCERN Web Site/Service, through hacking, password mining or any other means.
You must not obtain or attempt to obtain any materials or information through
any means not intentionally made available through PCERN Web Sites/Services.
8. SOFTWARE
AND CONTENT AVAILABLE THROUGH PCERN SITES/SERVICES
All content
and software (if any) that is made available to view and/or download in
connection with PCERN Web Sites/Services, excluding content and/or
software that may be made available by end-users through a communication
service, ("Software") is owned by and is the copyrighted work of Palerang Council and/or its suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You must not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
For any
Software not accompanied by a Licence Agreement, Palerang Council hereby
grants to you, the user, a revocable personal, non-transferable license to use
the Software for viewing and otherwise using the particular PCERN Web
Site/Service in accordance with these Terms of Use, and for no other purpose
provided that you keep intact all copyright and other proprietary notices. Any
reproduction or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
9. LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
PCERN SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO PCERN WEB SITES/SERVICES AND TO THE
INFORMATION THEREIN. PALERANG COUNCIL AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN PCERN WEB SITES/SERVICES AT ANY
TIME.
PALERANG
COUNCIL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN PCERN WEB SITES/SERVICES
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PALERANG COUNCIL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT.
YOU
SPECIFICALLY AGREE THAT PALERANG COUNCIL SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN PCERN WEB SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PALERANG COUNCIL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU
SPECIFICALLY AGREE THAT PALERANG COUNCIL IS
NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN PCERN WEB SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT
SHALL PALERANG COUNCIL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
PCERN WEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE PCERN
WEB SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH PCERN WEB SITES/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF PCERN WEB SITES/SERVICES, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PALERANG
COUNCIL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PCERN WEB
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING PCERN WEB SITES/SERVICES.
10. STORAGE
SPACE AND OTHER LIMITATIONS
You
agree that Palerang Council may establish limits concerning use of any PCERN Web
Service offered on an PCERN Web Site, including without limitation the maximum
number of days that e-mail messages will be retained by any PCERN Web Service, the maximum
number of e-mail messages that may be sent from or received by an account on any
PCERN Web Service, the maximum size of an e-mail message that
may be sent from or received by an account on any PCERN Web Service, the
maximum disk space that will be allotted on Palerang Councils' and/or
its suppliers servers on your behalf, and the maximum number of times and
duration you may access any PCERN Web Service
in a given period of time.
You
agree that Palerang Council has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by any PCERN Web Service.
PALERANG
COUNCIL MAKES NO WARRANTY THAT ANY PCERN WEB SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
11. TERMINATION/ACCESS
RESTRICTION
Palerang
Council in its absolute discretion reserves the right, in its sole
discretion, to terminate your access to any or all PCERN Web Sites/Services
and the related services or any portion thereof at any time, without notice.
Palerang
Council may also terminate or suspend your access to PCERN Web
Site/Service(s) for inactivity, which is defined as failing to log into a
particular service for an extended period of time, as determined by Palerang Council. The amount of time that Palerang Council currently
considers as an "extended" period of time is eighteen months. Upon
termination of PCERN Web Site/Service, your right
to use PCERN Web
Site/Service immediately ceases. Council reserves the right to alter this
period of time at any time.
Palerang
Council shall have no obligation to maintain any content or to
forward any unread or unsent messages to you.
12. GENERAL
This agreement
is governed by the laws of the State of New South Wales, Australia. You hereby irrevocably consent to the exclusive jurisdiction and venue of
courts in New South Wales, Australia, in all disputes arising
out of or relating to the use of PCERN Web Sites/Services.
You agree that
no joint venture, partnership, employment, or agency relationship exists between you and Palerang Council as a result of this agreement or use of PCERN
Web Sites/Services. You agree to indemnify and hold Palerang Council, affiliates, officers and employees, harmless from any claim, demand,
or damage, including reasonable legal costs, asserted by any third party due to
or arising out of your use of or conduct on PCERN Web Sites/Services.
Palerang
Council reserves the right to disclose any personal information about
you or your use of PCERN Web Sites/Services, including its contents,
without your prior permission if Palerang Council has a good faith belief
that such action is necessary to: (1) conform to legal requirements or comply
with legal process; (2) protect and defend these rights or property of Palerang Council or its affiliated companies; (3) enforce the terms or use; or
(4) act to protect the interests of its users or others as permitted by the Privacy & Personal Information Act 1998.
Palerang
Council's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of Palerang Council's
right to comply with governmental, court and law
enforcement requests or requirements relating to your use of PCERN Web
Sites/Services or information provided to or gathered by Palerang Council with respect to such use.
If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and Palerang Council with respect to PCERN Web
Sites/Services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and Palerang Council with respect
to PCERN Web Sites/Services.
A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
13. COPYRIGHT
AND TRADEMARK NOTICES:
All
contents of PCERN Web Sites are: Copyright © Palerang Council and/or its
suppliers. All rights reserved.
The names of
actual companies and products mentioned herein may be the trademarks of their
respective owners.
Any rights not
expressly granted herein are reserved.
© 2012
Palerang Council. All rights reserved.