Terms and Conditions

Discover Parramatta: Terms And Conditions Of Use

 

These terms and conditions of use apply to use of the website located at www.discoverparramatta.com or any successor website. In using this website, you agree to be bound by these terms and conditions of use.

 

Use of this website

You must:

• ensure that your access and use of this website is not illegal or prohibited by any laws that apply to you;

 

• not use this website for any activities which breach any laws or regulations, infringe a third party's rights or privacy or are contrary to any relevant standards or codes;

 

• not tamper with, hinder the operation of, or make unauthorised modifications to, this website; or

 

• procure that any person do any of the above acts.

 

Intellectual Property Rights (including Copyright)

All intellectual property rights (including but not limited to copyright) in the material which appears on this site (including but not limited to graphics, logos, icons, sound recordings, information content and software) ("Material") is owned by or licensed to Parramatta City Council.

 

You are welcome to use and/or reproduce the information content (but not the graphics, logos, icons, sound recordings and/or software) which appears on this website for your personal, in-house or non-commercial use, without formal permission or monetary charge from Parramatta City Council.

 

If you wish to use and/or reproduce, alter, store or transmit all or any of the Material which appears on this website for a purpose other than personal, in-house or non-commercial use, you must obtain the written permission of Parramatta City Council before you do so. Please contact Parramatta City to apply for that written permission. Parramatta City Council reserves the right, in its absolute discretion, to refuse such permission or to impose conditions (including but not limited to a monetary charge) before providing any such written permission.

 

Community and Event Information

When you submit any content (including written text, graphics, art work, photographs, videos, designs, logos, business names or trade marks) ("Community Information") to Parramatta City Council for inclusion on this website, you:

 

grant Parramatta City Council a non-exclusive, world-wide, irrevocable, perpetual, royalty-free licence to use, reproduce and communicate to the public the Community Information on this website;

in addition to the rights above, consent

to Parramatta City Council using, reproducing, communicating to the public, exhibiting or distributing the Community Information (in full or in part) on any platform with a similar purpose to the website;

 

warrant that you have the right to grant Parramatta City Council the licence in this paragraph;

 

warrant that the use, reproduction or communication to the public of the Community Information will not infringe the intellectual property or other rights of any person;

 

consent to Parramatta City Council amending, editing, modifying or reformatting the Community Information in any way to suit Parramatta City Council's requirements; and

 

must only submit Community Information which is owned or belongs to you or for which you have authorization to submit from the owner of that content and, in any event that you are authorised to submit by the operator of the event (if you are not yourself the operator).

 

To the extent permissible by law, you consent or you must procure consent from any other author involved in the creation of the Community Information, to:

 

all acts and omissions by Parramatta City Council which would otherwise infringe the author's moral or similar rights and to not assert any such moral or other rights in the Community Information; and

 

to the following acts and omissions in relation to the Community Information:

 

the alteration of the Community Information in any manner authorised by Parramatta City Council

 

the failure to attribute the author; and

 

the use of the Community Information in advertising in any medium.

 

Changes to submitted Community Information

If Parramatta City Council makes substantial revisions to submitted Community Information prior to publication of it, Parramatta City Council may provide you with a copy of the revised version ("Revised Material") for your review.

 

You may request that Parramatta City Council amends the Revised Material and, if so, Parramatta City Council may endeavour to comply with any reasonable request it receives from you.

 

Notwithstanding the above, you acknowledge that Parramatta City Council does not warrant that the Revised Material will be amended in accordance with requests that it receives from you.

 

Publication of the Community Information

You acknowledge that Parramatta City Council:

 

• is under no obligation to list the Community Information on the website; and

 

• may, in its sole discretion, remove the Community Information from the website at any time.

 

Opting out of publication

If you wish to have the Community Information that you submitted (not including user feedback) removed from the website, please contact Solaire Eggert on (+612) 9806 5630, 0408 958 248, dp_website@parracity.nsw.gov.au email. If it sees fit, Parramatta City Council may comply with that request.

 

User Generated Content

In addition to the Community Information, this website may contain content that is posted by you and by other website users. That user generated content may include text, information, commentary, feedback, images, photographs, videos and other content ("User Generated Content").

 

If you submit User Generated Content to this website you:

 

• grant Parramatta City Council a perpetual, irrevocable, worldwide, royalty free and non-exclusive licence to use, reproduce, publish, communicate, host and distribute on any platform the User Generated Content;

 

• consent to Parramatta City Council adapting, modifying, editing or altering the User Generated Content in any way;

 

• acknowledge that it may be seen and used by others under the licence described in these terms;

 

• consent to Parramatta City Council using, reproducing, communicating, exhibiting or distributing the User Generated Content (in full or in part) on any platform with a similar purpose and function to this website; and

 

• must only submit User Generated Content which is owned or belongs to you or for which you have authorization to submit from the owner of that content.

 

You must not contribute the personal information of another person without their express permission and you must not contribute content that may violate the privacy, property or other rights of other people or organizations.

 

You must not contribute (and we may remove in our sole discretion) any User Generated Content that is in our opinion fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others or is in any other way objectionable.

 

You acknowledge and agree that Parramatta City Council may, as it sees fit:

 

• publish the user feedback, including comments of either a positive or negative nature; or

 

• remove the user feedback including comments of a negative or disparaging nature.

 

You confirm and warrant to Parramatta City Council that you have all rights, power and authority necessary to grant the above licence.

 

Linked Websites

This website may contain links to other websites ("Linked Websites"). These links are provided for your convenience only and may not remain current or be maintained.

 

The links between this website and the Linked Websites should not be construed as an endorsement, approval or recommendation by Parramatta City Council of the owners or operators of those Linked Websites, or of any information, content, graphics, materials, products or services referred to or contained on those Linked Websites.

 

Please note that:

 

• Parramatta City Council is not responsible for the privacy practices associated with any Linked Websites; and

 

• the intellectual property rights (including but not limited to copyright) in such Linked Websites are not owned by or licensed to Parramatta City Council.. Accordingly, Parramatta City Council cannot and does not grant any permission or licence to use and/or reproduce any material appearing on such Linked Websites.

 

Parramatta City Council strongly recommends that you refer to the terms of use appearing on those websites before using the Linked Websites and/or before making use of any materials that may appear on the Linked Websites.

 

Local Government Act

The development application information and associated documents made available by Parramatta City Council on this website is provided in accordance with Parramatta City Council's obligations under the Local Government Act 1989 (including but not limited to Section 12 of that Act).

 

Disclaimer

This website and the services and content provided on or through this website are provided by Parramatta City Council on an "as is" basis without any express or implied warranty of any kind. Except to the extent not permitted by law, Parramatta City Council does not:

 

• accept any responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this website or any Linked Website;

 

• accept any responsibility for any such loss or damage arising out of your use of or reliance on the information contained on this website or any Linked Website; or

 

• warrant the reliability, accuracy, completeness, timeliness, quality or suitability for a particular purpose of any Material on this website or any Linked Website.

 

Parramatta City Council makes no commitment to update the Material or the Community Information on this website; or warrant that access to or use of this website and the services or content provided on or through the website or the website will be uninterrupted or error free or that the website or any content on or accessible through the website or the website is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or any other harmful components.

 

Some of the information provided on this website or the website is supplied by third parties and Parramatta City Council does not:

 

• accept any responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with information supplied by third parties; and

 

• endorse the information supplied by third parties.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Parramatta City Council from excluding or modifying the application of, or liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

 

• if the breach relates to goods:

 

• the replacement or repair of the goods or the supply of equivalent goods; or

 

• the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and

 

• if the breach relates to services:

 

• the supplying of the services again; or

 

• the payment of the cost of having the services supplied again.

 

Amendments to these terms and conditions of use

Parramatta City Council may change any of the material on this website, including the material on or accessible through this website, at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions of use as amended.

 

Security of Information

The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, the user acknowledges and accepts the risk that any communication to or from this website may be intercepted, used or modified by third parties.

 

Denial and/or Termination of Access

Parramatta City Council reserves the right:

 

• to suspend, limit or deny access to, or use of, all or part of this service or the website, without prior notice, if there is an emergency or if you engage in any

 

• conduct that Parramatta City Council believes, in its sole discretion:

 

• violates any term or provision of these terms and conditions of use;

 

• violates the rights of Parramatta City Council or any third party;

 

• is otherwise inappropriate.

 

• to terminate access to this website at any time without notice.

 

The disclaimer set out above under the paragraph 'Disclaimer' above will continue to apply and will survive any such denial or access or termination.

 

Privacy and Freedom of Information

When you access and use this website, you may be required to provide Parramatta City Council with information which identifies you or which enables you to be identified (including but not limited to your name and address) ("Personal Information"), Parramatta City Council will collect, store, access, use and disclose your Personal Information in accordance with its obligations under the Privacy and Personal Information Protection Act 1998, and under the Parramatta City Council’s Privacy Management Plan ("Privacy Management Plan").

 

Unless you object, any Personal Information you provide to Parramatta City Council may be:

 

• collected, stored, accessed and used for the purposes of contacting you, providing you with the services of Parramatta City Council, tracking the services (including but not limited to the status of such services) of Parramatta City Council provided to you from time to time, recording any amounts due to or from you in respect of the services provided by Parramatta City Council, enabling you to use the functionality of this website and/or considering any application for employment received from you;

 

• collected, stored, accessed, used and disclosed in accordance with Parramatta City Council's obligations under the Freedom of Information Act (1989), the Local Government Act (1993) and/or any other legislation to which Parramatta City Council is subject;

 

• combined with other data for analysis;

 

• varied in order to remove personally identifiable characteristics;

 

• disclosed to staff of and service providers to Parramatta City Council for the purposes of providing you with the services of Parramatta City Council, tracking the services (including but not limited to the status of such services) of Parramatta City Council provided to you from time to time, recording any amounts due to or from you in respect of the services provided by Parramatta City Council, enabling you to use the functionality of this website and/or considering any application for employment received from you;

 

• disclosed to any law enforcement agency or an agency responsible for government or public security

 

• made available for access by Council staff, Councillors or members of the public, unless access is restricted under Council's Access to Information Policy, Privacy Management Plan or legislation. This includes but is not limited to information contained in some documents which may be available via Council’s website e.g. Development Applications.

 

If you request Parramatta City Council not to use your Personal Information in a particular manner or at all, Parramatta City Council will adopt reasonable measures to observe your request but may still use or disclose that information if:

 

• it subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure;

 

• it believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

 

• it is required by law to disclose the information.

 

Parramatta City Council reserves the right to reproduce in whole or in part any correspondence or submission (including but not limited to any Personal Information contained in any such correspondence or submission). In your correspondence to Parramatta City Council the inclusion of your contact details is voluntary, but choosing to omit this information may limit Parramatta City Council's ability to help you. Information about privacy legislation can be obtained from Privacy NSW. If you have any questions about the use of personal information, please contact Parramatta City Council's Privacy Officer on 9806 5313.

 

You are entitled to have access to any of your Personal Information which is held by Parramatta City Council. You are also entitled to request Parramatta City Council to edit and delete such Personal Information on your behalf and Parramatta City Council will make such edits or deletions unless it is required by law not to do so.

 

Payment Security

Parramatta City Council has contracted the services of CommSecure for electronic trading in a secure environment. You acknowledge that all payments that you process through the CommSecure system are subject to the terms and conditions of CommSecure Limited (which are to be found at www.commsecure.com.au). All financial details which you provide for the purposes of making a payment to Parramatta City Council are hosted within the CommSecure system and are not within the power or control of Parramatta City Council.

 

Notwithstanding the foregoing, you will ensure that all of the information you provide to CommSecure in relation to a payment due to Parramatta City Council is complete and correct, including, without limitation, credit card details and validity dates, and that the credit card is not listed on any warning bulletin held by any bank or credit card provider. You agree that you will comply with any requirement of your credit card provider which may relate to the use of this online service, including without limitation, not exceeding any transaction limit on your credit card. Furthermore, you consent to:

 

• CommSecure making disclosures of your Personal Information to Parramatta City Council;

 

• Parramatta City Council making disclosures of your Personal Information to CommSecure; and

 

• the retention and storage by Parramatta City Council of any of your Personal Information received from CommSecure,

 

• to the extent reasonably required in order for CommSecure and/or Parramatta City Council to process, track, confirm, validate and/or respond to any query arising in relation to any payment due from, or made by, you.

 

• Parramatta City Council has no obligation to provide products or services to you:

 

• until your credit card provider has authorised the transaction; or

 

• where Parramatta City Council has any reason to suspect that you are not authorised to use the credit card details you have provided.

 

Unenforceability

If any of these terms and conditions of use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

 

Waiver

If Parramatta City Council does not act in relation to any breach of these terms and conditions of use by you, this does not waive its right to act with respect to subsequent or similar breaches.

 

Governing Law

These terms of use are governed by the laws in force in the state of New South Wales, Australia.

 

© 2010 Parramatta City Council | ABN: 49907174773