The ourbrisbane.com website, http://www.ourbrisbane.com, (“the Web Site”) is owned and operated by Brisbane City Council (ABN 72 002 765 795) (“Council”).
1. Terms of Use
These general terms and conditions govern your use of the Web Site. Additional terms and conditions governing your use as well as notices, disclaimers and guidelines may apply to particular areas of the Web Site or to particular features or transactions (“Additional Terms”). These general terms and conditions together with such Additional Terms where applicable, are referred to as the Terms of Use.
Your access to and use of the Web Site is subject to these Terms of Use. Use of the Web Site indicates your acceptance of these Terms of Use.
Council reserves the right to amend the Terms of Use at any time at its sole discretion. Your continued access/use of the Web Site after such change constitutes acceptance of the changes by you. You should check the Terms of Use from time to time for that reason.
2. Your obligations
Council asks that you use the Web Site in a responsible manner. If you are under 18 years of age, you need to obtain a parent/guardian’s consent prior to using the Web Site.
2.1 Access
2.1.1 Council reserves the right to deny you access to, or use of, all or part of the Web Site, without prior notice, if you engage in any conduct that Council believes, in its sole discretion:
(a) violates any term or provision of these Terms of Use; or
(b) violates the rights of Council or third parties; or
(c) is otherwise inappropriate for continued access and use of the Web Site.
2.1.2 Council may from time to time modify or discontinue, temporarily or permanently, the Web Site (or any part thereof), whether for maintenance or for any other reason, with or without notice. You agree that Council shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.
2.1.3 If there is a prolonged period of inactivity between your browser and the Web Site servers, you may be disconnected or Council may ask you to resubmit a security password. Council is not responsible for any information you may lose should a disconnection occur.
2.2 Registration
You agree to provide true and accurate information about yourself as prompted by the registration form (“Registration Information”) and promptly update any such Registration Information. If you provide any information that is untrue, inaccurate or inappropriate, Council has the right to suspend, terminate, lock or delete your membership registration.
2.3 User conduct
2.3.1 The Web Site contains electronic bulletin boards, chat rooms, restaurant, movie, performance and other reviews, image and video gallery, e-newsletters, webmail and other communication facilities and forums which provide for feedback by users of the Web Site, real-time interaction between users and other electronic messaging and notice services (“Communication Facilities ”). Your use of the Communication Facilities is subject to these Terms of Use, including any Additional Terms, as they are presented to you when you enter a Communication Facility.
2.3.2 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted via the Web Site, are the sole responsibility of the person from which the Content originated. Under no circumstances will Council be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, for editing, restricting or removing your 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 Web Site.
2.3.3 Council assumes no responsibility for actively monitoring Communication Facilities for inappropriate Content. If at any time Council chooses, in its sole discretion, to monitor the Communication Facilities, Council nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.
2.3.4 You also agree that any other user of this Web Site may access, view, store or reproduce the material for that other user’s personal use and that you will not restrict or inhibit the use of the Web Site by any other person.
2.3.5 You must not:
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, sexually, ethnically or otherwise objectionable or vilifying;
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any Content that is false or misleading; inappropriate or of nuisance value;
- Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation.
- Use another’s name, username or password without permission, collect or store personal data about other users;
- Impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity (including, without limitation, where Council requires you to register in order to use the Web Site);
- Download or post any material which you know or ought to know cannot be legally distributed;
- Tamper with, hinder the operation of, or make unauthorised modifications to the Web Site; and
- Knowingly transmit any virus or other disabling feature to the Web Site.
2.3.6 You are responsible for maintaining the confidentiality and security of any passwords and/or identification or log-in information for the Web Site. You agree to notify Council immediately of any unauthorised use of your password or any other breach of security.
2.4 General Practices Regarding Use and Storage
- You acknowledge that Council may establish general practices and limits concerning the use of the Web Site, including without limitation the maximum number of days that Content will be retained by Council, the maximum number of email messages that may be sent from or received by an account on the Web Site, the maximum size of any email message that may be sent from or received by an account on the Web Site, the maximum disc space that will be allotted on Council’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Web Site in a given period of time.
- You agree that Council has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Web Site.
3. Intellectual Property Rights
3.1 The information, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Web Site are protected by copyright, trade mark and other intellectual property laws.
3.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, communicate to the public, transmit or distribute in any way any of the material on this Web Site, including audio and video excerpts, except as expressly provided in these Terms of Use or as permitted by the Copyright Act 1968 (Cth).
3.3 This Web Site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word ourbrisbane.com and the Brisbane City Council logo. You may not use these trade marks or the names “Brisbane City Council” or ‘ourbrisbane.com”, or the name of any of Council’s related companies.
3.4 By placing Content on this Web Site, you grant to Council a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, sublicense, redistribute, adapt, transit, publish and/or broadcast, publicly perform or display such communications in any form, but not for commercial purposes without your consent.
4. Liability for Use of Communication Facilities
- You agree to release Council, its associated companies together with its employees, agents and officers, from any and all liabilities and obligations whatsoever in connection with or arising from your use of Communication Facilities.
- You agree to indemnify Council against any loss, claim, damage or action that Council may suffer or incur as a result of any Content submitted by you.
- If at any time you object to any material within a Communication Facility, you may lodge a complaint with Council. However, your sole remedy is to cease using the Communication Facility.
- Council reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
5. Links and Advertising
5.1 This Web Site, including ourbrisbane.com eNewsletters (“eNewsletters”), may contain links to third party websites. The inclusion of a link does not imply endorsement, investigation or verification by Council of the linked websites. Council makes no warranty or representation and you acknowledge that Council is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.
5.2 The Web Site, including e-Newsletters, may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Council nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Web Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Web Site, you do so at your own risk.
5.3 All prices displayed, and products and services offered on the Web Site, can be changed without notice.
6. Fees and Taxes
You acknowledge and accept that Council and its service providers may receive fees and/or commissions from third parties for goods and services that are displayed or made available through the Web Site, including e-Newsletters, or are hyperlinked from the Website or e-Newsletters.
7. Disclaimer and Limitation of Liability
7.1 Subject to clause 7.2:
- This Web Site is provided by Council on an “as is” basis without any express or implied warranty of any kind;
- The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Web Site may be intercepted, used or modified by third parties;
- Council does not warrant that access to or use of the Web Site will be uninterrupted or error free or that the Web Site or any material on or accessible through the Web Site is free from errors or viruses, worms, trojan horse or other harmful component;
- Council does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Web Site;
- Council may change any of the material on the Web Site at any time without notice;
- Council makes no commitment to update any material on the Web Site;
- You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the Web Site;
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Web Site or the material on or accessible through the Web Site;
- Neither Council nor any of its officers, employees, agents or related bodies corporate shall be liable for:
- any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or network;
- any defamatory, infringing, offensive or illegal conduct or material found in connection with the Web Site, including such conduct or material transmitted by any means by any other person;
- any damages, including without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Web Site.
7.2 Where the laws of any country or state in which these Terms of Use are effective implies into these Terms of Use any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms of Use provided that the liability of Council, its officers, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Council, to:
- In the case of services supplied or offered through the Web Site, the supply of the services again, or the payment of the cost of having services supplied again; or
- In the case of the goods supplied or offered through the Web Site, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
8. Indemnity
You agree to indemnify Council, its agents, officers, employees and related bodies corporate from all liabilities, claims and expenses arising from your use or misuse of the Web Site.
9. Information is not advice
9.1 The information provided on this Web Site is not intended to be advice. Your particular circumstances will affect the applicability and relevance of information contained in this Web Site.
9.2 You should seek professional advice before relying or acting upon the information conveyed in any publication on this Web Site.
10. Competitions
Council may from time to time run competitions or other promotions on this Web Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
11. Termination
The Terms of Use are effective until terminated by Council. Council may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination you are no longer authorised to access the Web Site, but all restrictions imposed on you, licences and waivers granted by you and all Council disclaimers and limitations of liability set out in these Terms of Use will survive.
12. General
12.1 This agreement is governed by the law in force in the State of Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the Web Site.
12.2 If any of these Terms of Use are invalid or unenforceable, they will be struck out and the remaining terms will remain in force.
13. Privacy Policy
Personally identifiable information may be gathered from Web Site registration, competition registration, Content submissions, use of Communication Facilities, suggestions, voting activities and other areas. Such information is subject to Council’s Privacy Policy for ourbrisbane.com. For more information, please see ourbrisbane.com’s full Privacy Policy. In general, your information will not be sold or otherwise transferred to third parties not associated or affiliated with Council without your approval being obtained. By providing information in such a manner you agree that it may be used for the purposes for which it is sought.
