North Sydney Council's Online Services is subject to the following terms of
use. These terms may be updated from time to time without notice. In addition,
when using North Sydney Council Online Services, you shall be subject to any
guidelines or rules which may be posted from time to time.
North Sydney Council defines Online Services as the service that provides
users with access to on-line resources including communications tools,
personalised content and electronic transactions. Unless explicitly
stated otherwise, any new features or transactions added to the service,
shall be subject to the terms of use.
You understand and agree that North Sydney Council assumes no responsibility
for the timeliness, deletion, mis-delivery or failure of any communications
(including personalisation settings).
In order to use the service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
In consideration of your use of the Service, you agree to provide true,
accurate, current and complete information about yourself as prompted
by the Online Services registration form.
In particular to register, you must provide your real name and email
address. If you provide any information that is untrue, inaccurate,
not current or incomplete, or North Sydney Council has reasonable grounds
to suspect that such information is untrue, inaccurate, not current
or incomplete, North Sydney Council has the right to suspend or terminate
your account and refuse any and all current or future use of the Service
(or any portion thereof).
You will receive a password and account upon completing the registration
and authentication processes. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to:
- Immediately notify North Sydney Council of any unauthorised use
of your password or account or any other breach of security;
- Ensure that you exit from your account at the end of each session;
- Ensure that your password is regulary. We recommend that you change
it at least every month. Try not to use date of birth, telephone number,
addresses etc; and
- Do not disclose your password to anyone.
North Sydney Council will not be liable for any loss or damage arising
from your failure to comply with the terms of use.
Furthermore you are solely responsible for actions taken under your
password, and should not disclose it to anyone else. You cannot use
your password for any unauthorised purpose.
You understand that all information, data, text, software, photographs,
graphics, video, messages or other materials ("Content"),
whether publicly or privately transmitted, are the sole responsibility
of the person from which such Content originated.
Under no circumstances will North Sydney Council be liable in any way
for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise transmitted
via the Service. You agree to not use the Service to:
- Upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libellous, invasive of another's privacy, hateful, or racially,
sexually, ethnically or otherwise objectionable or vilifying;
- Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- Forge or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- Upload, post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or
fiduciary relationships;
- Upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- Upload, post, email or otherwise transmit any material that contains
software viruses 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;
- Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state,
national or international law, and any regulations having the force
of law.
You acknowledge and agree that North Sydney Council may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the terms of
use; (c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of North Sydney
Council, its users and the public.
North Sydney Council reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that North Sydney
Council shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in information presented to you through the Service is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. You agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in
whole or in part. North Sydney Council grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by North Sydney Council
for use in accessing the Service.
You expressly understand and agree that your use of the service is at
your sole risk. The service is provided on an "as is" and
"as available" basis. North Sydney Council expressly disclaims
all warranties of any kind, whether express or implied, including, but
not limited to the implied warranties of merchantability, fitness for
a particular purpose and non-infringement. North Sydney Council makes
no warranty that:
- The service will meet your requirements;
- The service will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the service will
be accurate or reliable;
- The quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your expectations;
- Any errors in the software will be corrected;
- Any material downloaded or otherwise obtained through the use of
the service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material; and
- No advice or information, whether oral or written, obtained by you
from North Sydney Council or through or from the service shall create
any warranty not expressly stated in the terms of use.
You expressly understand and agree that North Sydney Council shall not
be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses resulting
from:
- The use or the inability to use the service;
- The cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from
the service;
- Unauthorised access to or alteration of your transmissions or data,
statements or conduct of any third party on the service; or
- Any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations may not apply to
you.
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