Terms of Use

WHAT’S BALLARAT LIKE WEBSITE TERMS OF USE

By using www.whatsballaratlike.com.au you agree to be bound by the following terms (“Terms of Use”) which apply to your access to and use of www.whatsballaratlike.com.au (“Website”). If you are under 18 years of age then you must obtain the consent of your parent or guardian to use this Website. You should read and understand these Terms of Use before agreeing to be bound by them.

  1. Legally binding agreement

    These Terms of Use govern your access to and use of this Website and constitute a legally binding agreement between Ballarat City Council ABN 37 601 599 422 (“Council”) and you.

  2. Use of Website

    1. 2.1You must comply with:
      1. 2.1.1these Terms of Use;
      2. 2.1.2any requirements specified on this Website which will take priority over these Terms of Use to the extent of any inconsistency; and all applicable laws,
      in connection with your access to and use of this Website.
    2. 2.2You must not access or use this Website:
      1. 2.2.1to post, display, transmit or store any material which is defamatory, sexually explicit or offensive including, without limitation, material that is denigrating or vilifying to another person because of their sexual, ethnic, political or religious beliefs;
      2. 2.2.2to engage in offensive, discriminatory, vilifying, denigrating or harassing behaviour against another person;
      3. 2.2.3to engage in political activity including, without limitation, the distribution of political material, political commentary and campaigning;
      4. 2.2.4in breach of any obligation of confidentiality or any intellectual property right of another person;
      5. 2.2.5to knowingly transmit or store any computer virus, trojan, worm or other malicious program or code;
      6. 2.2.6in any way that adversely affects or may adversely affect another user of this Website;
      7. 2.2.7in any way that adversely affects or may adversely affect the reputation or goodwill of Council; or
      8. 2.2.8to attempt to do any of the acts specified above in this clause 2.2.

  3. Registration, User ID and Password

    1. 3.1You warrant that all registration details (“Registration Details”) that you provide to register to use this Website (including, without limitation, any change to your Registration Details) will be accurate, complete and current.
    2. 3.2You are responsible for maintaining the confidentiality of the unique user name (“User ID”) that you must create when you register to use this Website and your related password (“Password”).
    3. 3.3You must immediately notify Council in accordance with the requirements specified on this Website if:
      1. 3.3.1any of your Registration Details change; or
      2. 3.3.2you become aware that your User ID or password is known or being used by another person.
    4. 3.4Council is entitled to rely on your User ID when used with your Password.
    5. 3.5You must not:
      1. 3.5.1use another person’s User ID to access this Website; or
      2. 3.5.2impersonate another person when using this Website.
    6. 3.6You are responsible for all use of your User ID and Password where you have not complied with clause 3.2 or 3.3.

  4. User Data

    1. 4.1You will be solely responsible for all information and data (“User Data”) which you post, display, transmit or store using this Website.
    2. 4.2Council may screen, review, filter, modify, refuse or remove any of your User Data without notice provided that Council will be under no obligation to do so.
    3. 4.3If your access to this Website is terminated under clause 11 then:
      1. 4.3.1you will not be permitted to access any of your User Data which is stored on this Website; and
      2. 4.3.2Council may irretrievably delete your User Data which is stored on this Website.

  5. Access facilities

    1. 5.1You will be responsible for providing your own facilities (including hardware, software and systems) which are necessary to access this Website.
    2. 5.2Council accepts no responsibility for any deficiency in the facilities that you use to access this Website.

  6. Changes to Website

    Council may at any time modify, alter or otherwise change this Website without notice to you.

  7. Views of Advocates

    1. 7.1Council does not necessarily agree with and is not responsible for any views or opinions posted, displayed or transmitted using this Website by a person appointed by Council to act as an advocate for the City of Ballarat (“Advocate”).
    2. 7.2You are responsible for making your own enquiries before relying on any views or opinions posted, displayed or transmitted using this Website by an Advocate.

  8. Privacy

    Council will handle all information and data that you disclose to Council when using this Website in accordance with the privacy policy available on this Website as amended from time to time.

  9. Intellectual property rights

    1. 9.1Council and its third party service providers will own title and all intellectual property rights in this Website.
    2. 9.2You hereby assign to Council title and all intellectual property rights in:
      1. 9.2.1all User Data which you post, display, transmit or store using this Website; and
      2. 9.2.2all suggestions, ideas, enhancement requests, feedback and recommendations that you provide to Council in connection with this Website.

  10. Exclusion of liability

    1. 10.1This Website is made available to you on an “as is” basis and you access and use this Website at your own risk.
    2. 10.2Without limiting clause 10.1, Council does not represent or warrant that:
      1. 10.2.1your access to or use of this Website will be secure, uninterrupted, error-free or timely;
      2. 10.2.2any information or data that you obtain from accessing or using this Website will be accurate, complete or current;
      3. 10.2.3errors or defects in the operation of this Website will be able to be corrected; or
      4. 10.2.4this Website will be free of computer viruses, trojans, worms or other malicious programs or code.
    3. 10.3To the fullest extent permitted by law, Council expressly disclaims any conditions and warranties, express or implied, that would otherwise apply to your access to or use of this Website including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights.
    4. 10.4To the fullest extent permitted by law, Council will be under no liability to you or any other person in respect of any direct, indirect, punitive, special, exemplary, incidental, consequential or other loss or damage of any type (including, without limitation, loss of data, revenue, profit, goodwill or business reputation or business interruption) which may be suffered or incurred or which may arise directly or indirectly in respect of your access to or use of this Website whether the claim for loss or damage is based on contract, negligence or any other legal theory and regardless of whether Council has been advised of the possibility of such loss or damage.
    5. 10.5You will at all times indemnify and hold harmless Council and its officers, employees and agents ("Indemnified Persons") from and against all damages, costs, expenses, loss and damage which the Indemnified Persons may incur or sustain and all actions, proceedings, claims and demands whatsoever which may be brought or made against the Indemnified Persons by another person arising out of or in connection with:
      1. 10.5.1a breach of these Terms of Use by you; or
      2. 10.5.2your access to or use of this Website.

  11. Termination and suspension

    1. 11.1Subject to clause 16, you may terminate your access to this Website at any time by closing your account for the use of this Website.
    2. 11.2Council may suspend your access to this Website without notice if you breach these Terms of Use.
    3. 11.3Council may terminate your access to this Website without notice if:
      1. 11.3.1you breach these Terms of Use;
      2. 11.3.2you do not use this Website for a period of more than (1) year; or
      3. 11.3.3Council decides to remove this Website.
    4. 11.4Subject to clause 16, these Terms of Use will automatically terminate if your access to this Website is terminated under clause 11.1 or 11.3.

  12. Entire agreement

    These Terms of Use constitute the entire agreement between the parties and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.

  13. Assignment

    You may not assign or transfer any of your rights or obligations under these Terms of Use.

  14. Waiver

    Any failure by Council to exercise or enforce any legal right or remedy which is contained in these Terms of Use will not be construed as a waiver of any right of Council and any such legal right or remedy will remain exercisable and enforceable.

  15. Changes to Terms of Use

    1. 15.1Council may make changes to these Terms of Use from time to time by making a new version of these Terms of Use available on this Website.
    2. 15.2If you use this Website after Council has made any change to these Terms of Use in accordance with clause 15.1 then you will be deemed to have agreed to the change.

  16. Survival

    The covenants, conditions and provisions of these Terms of Use which are capable of having effect after the termination of these Terms of Use will remain in full force and effect following such termination.

  17. Severability

    If any provision of these Terms of Use is held invalid, unenforceable or illegal for any reason then the provision will be deemed to be removed from these Terms of Use and the remaining provisions will remain valid and enforceable.

  18. Governing law and jurisdiction

    These Terms of Use will be governed by and construed in accordance with the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.