Terms and conditions

1. General

1.1 This website (website) and the services provided on it are owned and operated by Wollongong City Council (Council) on the World Wide Web (“WWW”).

1.2 The material on this website is copyright © Council and other copyright owners.

1.3 Council may from time to time make available to you the ability to process certain transactions through the website (services).

1.4 Your access to and use of this website and any services provided through it constitutes your acceptance without alteration of the terms and conditions set out below (terms).

1.5 By accessing or using this website and any services provided through it, you declare that:

1.5.1 you have read these terms; and

1.5.2 you agree, without limitation or qualification, to these terms.

1.6 Council may modify, alter or otherwise update these terms from time to time, with or without notice to you, and you agree to check these terms and to be bound by such of them as are in effect when you access or use the website or any services provided through it.

2. Restrictions on use

2.1 Subject to clauses 2.3 and ,3.1 you may not use the contents of this website, including any services, for any purpose including but not limited to:

2.1.1 the reproduction of any of those contents in any form;

2.1.2 the distribution of any of those contents in any form;

2.1.3 re-transmission of any of those contents by any medium of communication;

2.1.4 uploading or reposting any of those contents to any other site on the WWW;

2.1.5 “framing” any of those contents with other material on any other site on the WWW; and

2.1.6 any purpose that is malicious, vexatious, not in good faith or intended to cause loss or inconvenience to Council or any person.

2.2 The use of the contents of this website for any purpose other than the limited uses set out in clauses 2.3 and 3.1 below is unlawful and specifically prohibited by these terms.

2.3 Despite the restrictions in clause 2.1, you may reproduce the contents of this website:

2.3.1 in your web browser (and in any cache file produced by your web browser); and

2.3.2 on a print-out, for the sole purpose of viewing the content, provided you do not remove any copyright and trade mark notices contained on any material.

2.4 You may not modify or copy:

2.4.1 the layout of this website; or

2.4.2 any computer software and code contained on it.

2.5 Council reserves all intellectual property rights over the contents of this website. The contents of this website are provided for personal use only and may not be:

2.5.1 sold or distributed in any form;

2.5.2 stored in any storage media; or

2.5.3 re-transmitted in any media, without the prior written consent of Council.

3. Services

3.1 Use
You may use information provided to you through your use of the services , provided that you:

3.1.1 do not remove any proprietary rights notices;

3.1.2 do not modify the information or make it available to third parties through a networked computer environment; and

3.1.3 do not make any additional representations or warranties regarding the information.

3.2 Registered users
Certain services offered by Council require verified access (e.g. login ID and password) for verification of your identity and authorisation for access. You agree that:

3.2.1 you will ensure that all information you provide to Council in relation to your registration shall be current, complete and accurate; and

3.2.2 you are entirely responsible for ensuring the security of your login ID and password, and for all activity which occurs on or through your account, whether authorised or unauthorised.

3.3 Mapping services

3.3.1 One of the services that may be provided through this website from time to time is Council’s online mapping service.

3.3.2 Any mapping records that are accessible by you through the online mapping service (mapping records) are taken from Council’s mapping records. Those mapping records are made available to you by Council in good faith for the purpose of providing you with an interactive mapping tool in order for you to view:

3.3.2.1 the maps accompanying draft planning proposals that may be exhibited from time to time; and

3.3.2.2 general mapping data for the whole Wollongong local government area.

3.3.3 Council gives no warranty or guarantee and makes no representation, express or implied about:

3.3.3.1 the accuracy, reliability, completeness or currency or otherwise, of any mapping records contained or referred to on this website;

3.3.3.2 the meaning or interpretation of the information contained in any mapping records;

3.3.3.3 the suitability or unsuitability for development of any land to which the mapping records relate.

3.3.4 You agree to seek your own expert advice before you rely on any information contained in any mapping records.

3.4 Privacy

3.4.1 You authorise Council to collect information about you from time to time through the website. Such information may include but shall not be limited to information about your transactions processed through the website.

3.4.2 Council will deal with any such information that is personal information in accordance with its Privacy Management Plan and Privacy Code of Practice for Local Government.

3.4.3 You authorise Council to release any of your information to any third party if:

3.4.3.1 the third party is used by Council in order to provide services to you;

3.4.3.2 Council is requested to do so in the course of a criminal or other legal investigation;

3.4.3.3 Council determines that disclosure is necessary in connection with any complaint regarding your use of the website or services.

3.4.4 Council disclaims any and all warranties, express or implied, regarding the handling of any of your information, including personal information, by any third party in the manner required by the National Privacy Principles, Australian law or otherwise.

3.5 Transmission and storage of information in electronic form

3.5.1 You agree:

3.5.1.1 to provide information through electronic means;

3.5.1.2 without limiting clause 3.5.1.1, to provide any relevant information, documents and attachments
in the format and to the standards required by Council for each transaction; and

3.5.1.3 to any information provided by you being stored in electronic form.

3.5.2 You authorise Council to send any information to you or your agents through electronic means.

3.6 Transaction information

3.6.1 The accuracy, currency, completeness or otherwise of any information you provide to Council in the course of using any services is your responsibility and you agree to be bound by it.

3.6.2 Council is not responsible for ensuring that any information provided by you in the course of using any service is accurate, current or complete.

3.6.3 Council is not liable for any loss or damages suffered by you or any third party where the loss or damages are a result of you providing information to Council that is inaccurate, outdated or incomplete.

3.7 Availability

3.7.1 Council disclaims any and all warranties, express or implied, that any services will be available at any time for use by you.

3.7.2 Council will not be liable under any circumstances for any loss or any damages of any kind which are the consequence of the unavailability of any service for your use or your inability to use any service.

3.7.3 Council shall be entitled at any time, without prior notice to you, to cancel or suspend any or all services and/or substitute alternative services, which may or may not be interactive or transactional in nature.

3.8 Liability

3.8.1 Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974, Fair Trading Act 1987 (NSW) or any other consumer legislation as amended (Acts). If, in providing any service to you, Council breaches any condition or warranty imposed by the Acts, Council’s liability for that breach will be limited to Council’s choice of:

3.8.1.1 providing you with the service again; or

3.8.1.2 the refund to you of the cost of providing you with the service.

4. Disclaimer

4.1 Council will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you acting, or failing to act, on any information contained on or referred to on this website or any information provided to you through any service on the website.

4.2 Council does not warrant, guarantee or make any representation that:

4.2.1 this website, or the server that makes the site available on the WWW, is free of software viruses;

4.2.2 the functions contained in any software contained on this website will operate uninterrupted or are error-free; or

4.2.3 errors and defects in this website will be corrected.

4.3 Council is not liable to you for:

4.3.1 errors or omissions in this website;

4.3.2 delays to, interruptions of or cessation of the services provided by this website; and

4.3.3 defamatory, offensive or illegal conduct of any user of this website, whether caused through negligence of Council or through any other cause.

4.4 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this website.

4.5 All matters relating to this website are governed by the laws of the State of New South Wales, Australia.

5. Interpretation

5.1 In these terms these words have the following meanings: Council includes Council’s officers, employees, agents and contractors.