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 Terms and Conditions

Canterbury-Bankstown Council – Electronic Rates & Notices Website Terms of Use and Notices

Last Updated: July 2018

1.AGREEMENT BETWEEN YOU AND CANTERBURY-BANKSTOWN COUNCIL

The Canterbury-Bankstown Council Electronic Rates & Notices (CBCERN) Web Site is made up of various Web sites and Web pages operated by the Canterbury-Bankstown Council, 66-72 Rickard Road, Bankstown, NSW 2200 or its affiliates (collectively, the "CBCERN Web Site"). This Terms of Use and Notices applies to the CBCERN Web Sites and does not apply to the content of third parties.

The CBCERN Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CBCERN Web Sites constitutes your agreement to all such terms, conditions, and notices.

2.PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See our Privacy Statement at http://www.cbcity.nsw.gov.au for disclosures relating to the collection and use of your personal information.

3.USER REGISTRATION, PASSWORD, AND SECURITY

The CBCERN 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 Canterbury-Bankstown Council immediately of any unauthorized use of your account or any other breach of security. Canterbury-Bankstown 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

Canterbury-Bankstown Council reserves the right to change the terms, conditions, and notices under which the CBCERN Web Site and services offered on the CBCERN Site (“CBCERN Services”). You are responsible for regularly reviewing these terms and conditions and additional terms posted on websites operated by Canterbury-Bankstown Council. Your continued use of the CBCERN Web Sites/Services constitutes your agreement to all such terms, conditions, and notices.

5.PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the CBCERN 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 the CBCERN Web Sites/Services. Without the advance express written permission of Canterbury-Bankstown Council, you may not ‘meta-search’ the CBCERN Web Sites/Services, send, or cause to be sent, any automated queries of any sort to the CBCERN Web Sites/Services, or use the CBCERN Web Sites/Services in any commercial manner.

6.LINKS TO THIRD PARTY SITES

The CBCERN Web Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Canterbury-Bankstown Council and Canterbury-Bankstown 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. Canterbury-Bankstown Council is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Canterbury-Bankstown Council responsible if the Linked Site is not working appropriately. Canterbury-Bankstown Council is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Canterbury-Bankstown 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 the BBCERN 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. Canterbury-Bankstown 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 the CBCERN Web Sites/Services, you will not use the CBCERN Web Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CBCERN Web Sites/Services in any manner that could damage, disable, overburden, or impair any CBCERN Web Site/Service(s) (or the network(s) connected to any CBCERN Web Site/Service(s)) or interfere with any other party's use and enjoyment of any CBCERN Web Site/Service(s). You may not attempt to gain unauthorized access to any CBCERN Web Site/Service, other accounts, computer systems or networks connected to any CBCERN Web Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CBCERN Web Sites/Services.

8.SOFTWARE AND CONTENT AVAILABLE THROUGH THE CBCERN SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the CBCERN 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 Canterbury-Bankstown 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 may 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, Canterbury-Bankstown Council hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular CBCERN 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 THE CBCERN SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CBCERN WEB SITES/SERVICES AND TO THE INFORMATION THEREIN. CANTERBURY-BANKSTOWN COUNCIL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CBCERN WEB SITES/SERVICES AT ANY TIME.

CANTERBURY-BANKSTOWN 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 THE CBCERN WEB SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CANTERBURY-BANKSTOWN 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 CANTERBURY-BANKSTOWN 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 CBCERN WEB SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CANTERBURY-BANKSTOWN 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 CANTERBURY-BANKSTOWN COUNCIL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN CBCERN WEB SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL CANTERBURY-BANKSTOWN 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 THE CBCERN WEB SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE CBCERN 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 THE CBCERN WEB SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CBCERN WEB SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CANTERBURY-BANKSTOWN 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 THE CBCERN WEB SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CBCERN WEB SITES/SERVICES.

10.STORAGE SPACE AND OTHER LIMITATIONS

You agree that Canterbury-Bankstown Council may establish limits concerning use of any CBCERN Web Service offered on an CBCERN Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any CBCERN Web Service, the maximum number of e-mail messages that may be sent from or received by an account on any CBCERN Web Service, the maximum size of an e-mail message that may be sent from or received by an account on any CBCERN Web Service, the maximum disk space that will be allotted on Canterbury-Bankstown Council's and/or its suppliers servers on your behalf, and the maximum number of times and duration you may access any CBCERN Web Service in a given period of time.

You agree that Canterbury-Bankstown Council has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any CBCERN Web Service.

CANTERBURY-BANKSTOWN COUNCIL MAKES NO WARRANTY THAT ANY CBCERN WEB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

11.TERMINATION/ACCESS RESTRICTION

Canterbury-Bankstown Council in its absolute discretion reserves the right, in its sole discretion, to terminate your access to any or all CBCERN Web Sites/Services and the related services or any portion thereof at any time, without notice.

Canterbury-Bankstown Council may also terminate or suspend your access to CBCERN 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 Canterbury-Bankstown Council. The amount of time that Canterbury-Bankstown Council currently considers as an "extended" period of time is eighteen months. Upon termination of the BCERN Web Site/Service, your right to use the CBCERN Web Site/Service immediately ceases. Council reserves the right to alter this period of time at any time.

Canterbury-Bankstown 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 the CBCERN Web Sites/Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Canterbury-Bankstown Council as a result of this agreement or use of the CBCERN Web Sites/Services. You agree to indemnify and hold Canterbury-Bankstown 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 the CBCERN Web Sites/Services.

Canterbury-Bankstown Council reserves the right to disclose any personal information about you or your use of the CBCERN Web Sites/Services, including its contents, without your prior permission if Canterbury-Bankstown 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 Canterbury-Bankstown Council or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its users or others.

Canterbury-Bankstown Council's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Canterbury-Bankstown Council's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CBCERN Web Sites/Services or information provided to or gathered by Canterbury-Bankstown 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 Canterbury-Bankstown Council with respect to the CBCERN Web Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Canterbury-Bankstown Council with respect to the CBCERN 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 the CBCERN Web Sites are: Copyright (c) Canterbury-Bankstown 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.

© 2018 Canterbury-Bankstown Council.  All rights reserved. 


 

   

© Canterbury-Bankstown Council. All rights reserved. By using this website, you agree to be bound by our Disclaimer and Legal Notices, our Privacy Policy and any other terms and conditions on this website, which we encourage you to read.

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