Terms and Conditions
Jump to:
- Definitions
- Use of this Website
- Privacy
- Intellectual Property on the Website
- Your Content and Obligations
- Content Changes
- Risk and Liability
- Website Availability
- Right to Suspend, Alter of Cancel Services
- Refund Policy
- Account, Password and Security for Registered Users
- Indemnity
- Disclaimer
- Questions
Shire of Exmouth Online Services
1. Definitions
1.1 The term “Content” in these terms and conditions refers to all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise, posted by you or by us.
1.2 The terms “we”, “us” and “our” in these terms and conditions are each a reference to the Shire of Exmouth Council ABN 32 865 822 043.
1.3 The term "you" in these terms and conditions refers to the person accessing or using this website or the services provided through or in connection with this website.
1.4 These terms and conditions apply whenever you access this website, regardless of how you access it.
2. Use of this Website
2.1 We are the owner and operator of this website.
2.2 We enable customers to process certain transactions online, through the site. Your use of the site is subject to the following terms and conditions.
2.3 By using the site and/or registering for these online services you are agreeing to accept these terms and conditions of use.
2.4 Unless explicitly stated otherwise, any new features or services added to the site shall be subject to the terms and conditions of use set out below.
2.5 Subject to these terms and conditions, any person may access or use this website via the internet without registering with or disclosing to us any personal information.
2.6 You agree to be bound by these terms and conditions, which are subject to change from time to time without notice to you. You are solely responsible for keeping up to date with any changes to these terms and conditions. You may wish to bookmark this page so you can review the terms and conditions whenever you use this website.
2.7 You acknowledge that any online services made available by us may be subject to specific additional terms and conditions, and you agree to review and comply with any such additional terms and conditions. Such terms and conditions will be available on our website by clicking a link at the time of use of the relevant online self services.
2.8 Access and use of any online service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such services.
2.9 Your use of and access to this website indicates your acceptance of these terms and conditions, as they exist at the time of your use and access.
2.10 Please contact us at info@exmouth.wa.gov.au if you think these terms and conditions have been violated.
3. Privacy
3.1 Your privacy is important to us. These terms and conditions should be read together with our Privacy Statement, which explains how we collect, use and disclose personal information we receive from you.
3.2 In using the site, you are authorising us to collect information about you. This information will be used by us for fulfilling your request and undertaking associated organsiational functions and services.
3.3 A copy of our Privacy Statement and Information Privacy Policy can be viewed here.
4. Intellectual Property on the Website
4.1 The entire contents and design subsisting in, relating to or arising out of this website, including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement are the intellectual property of us, our content providers and our licensors with all rights reserved.
4.2 You must not do anything or omit to do anything which may infringe our intellectual property rights, except where expressly authorised in these terms and conditions.
4.3 We respect the intellectual property rights of others and require our users to do the same. If you believe that your intellectual property has been copied or posted on this website in a way that constitutes an infringement of your intellectual property rights, please let us know.
4.4 Some information on this website is freely available for use in other publications as long as it is represented accurately and fairly. Please contact us using the details outlined in paragraph 8 below if you would like to reproduce any information on this website.
4.5 The Shire of Exmouth logo must not be used or reproduced without our written permission.
5. Your Content and Obligations
5.1 You acknowledge that you are solely responsible for the accuracy, completeness and legal compliance of all content you contribute to or post on this website, whether publicly posted or privately transmitted.
5.2 You grant to us an irrevocable, royalty-free and perpetual licence to use, disclose and sub-licence the content you submit to this website for any of our purposes other than commercialisation.
5.3 You represent and warrant that:
a) you have all of the necessary rights (including any intellectual property rights) in the content you contribute to this website and are able to license the content to us under these terms and conditions
b) that your content is not defamatory and does not infringe any law.
5.4 You indemnify us against any and all loss or damage, including legal fees and other expenses, that may be incurred by us as a result of a breach of the above representation and warranty on a full indemnity basis.
5.5 In relation to this website, you must not:
a) post content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any person
b) transmit content that is or includes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests or any other form of solicitation, except in those areas of this website that are designated for that purpose
c) transmit content that contains software viruses, Trojan horses, worms, time bombs, cancelbots 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
d) transmit content that harms, or may harm, minors in any way, or that otherwise cannot, by law, be accessed by any person under the age of 18 years
e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
f) create a false identity for the purpose of misleading others as to your identity or the originator of a message
g) interfere with or disrupt this website or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website
h) attempt to gain unauthorised access to this website, other user accounts, computer systems or networks through password mining or any other means
i) intentionally or unintentionally violate any applicable law
j) "stalk" or otherwise harass another user
k) interfere with another user's use and enjoyment of this website
l) collect or store personal data about other users of this website
m) make any unauthorised commercial use of the site.
5.6 By using this website, you agree that:
a) we have the right (but not the obligation) in our sole discretion to refuse to publish or remove any content that is available via this website
b) you will evaluate, and bear all risks associated with, the use of any content that you make available on this website, including any reliance on the accuracy, completeness, or usefulness of such content
c) we may preserve the content posted on this website and may disclose that content if required by law to do so.
6. Content Changes
3.1 We encourage you to review these online terms and conditions each time you utilise the site, as they may be modified from time to time without notice. By continuing to use the site, you consent to any modifications.
3.2 All fees displayed and services offered on this site can be changed by us without notice to you.
3.3 We may edit, remove or exercise its discretion not to accept or publish your contribution for legal, editorial or operational reasons, including if we consider it fails to meet the obligations set out in these terms and conditions.
7. Risk and Liability
7.1 You acknowledge that:
a) you use this website at your own risk
b) we make no representations or warranties in relation to the quality, accuracy, completeness or fitness for purpose of any Content, whether posted by us or by a user
c) we are not responsible for, and accept no liability in relation to, your use of this website, the content or your conduct in connection with this website or content in any circumstance, whether online or offline.
7.2 This website contains links to other websites for convenience only. We are not responsible for the currency, accuracy, content or privacy practices associated with linked websites. By including a link to a website, we do not sponsor, approve, endorse or recommend the products, services or information available on linked websites.
7.3 To the fullest extent permitted by law, we exclude all implied representations and warranties that might apply in relation to your use of this website.
7.4 You may have rights under the Competition and Consumer Act 2010 (Cth) or other applicable legislation in respect of any goods or services supplied via this website. If so, our liability to you is limited, at our option, to:
a) in the case of goods supplied by us, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; or
b) in the case of services supplied or offered by us, supply of the services again or payment of the cost of having the services supplied again.
7.5 To the maximum extent permitted by law, we are not liable to you on any other basis (including, without limitation, by negligence) or for any other direct, indirect or consequential loss or damage arising from or in connection with the use of this website or linked websites.
7.6 We do not represent or warrant that this website or linked websites are free of computer viruses or other defects. You must take your own precautions to ensure that this website or linked websites do not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system.
8. Website Availability
8.1 We reserve the right, at our discretion, to monitor, suspend, restrict and terminate your access to this website at any time without notice.
8.2 If you breach any of these terms and conditions, your permission to use the website automatically terminates.
8.3 As electronic services are subject to interruption or breakdown, access to the site is offered on an "as is" and "as available" basis only.
8.4 Any cost associated with accessing the site is your responsibility and depends on the internet or telecommunications service provider you use.
8.5 It is your responsibility to provide all necessary equipment to connect to the site, including a computer and modem or other access device.
8.6 We will not be in breach of these terms and conditions or otherwise liable to you or any other person for any unavailability or failure of this website or the content or any delay or other failure by us to provide access to this website.
9. Right to Suspend, Alter or Cancel Services
9.1 We may, at any time without prior notice, modify, cancel or suspend, either temporarily or permanently, any or all online self-services and/or the site. You expressly acknowledge and agree that the Council will not be liable to you or any third party for any modification, cancellation or suspension of the site.
10. Refund Policy
10.1 In using the site, you declare that you are over 18 years of age.
10.2 If you are using a credit/debit card to process a transaction, you declare that the credit/debit card is issued in your name and that you will pay to the issuer all charges incurred using the online services.
10.3 Generally, once we have processed or provided the requested services, there will be no refund.
10.4 An additional Refund Policy for tour and attraction bookings at the Ningaloo Visitor Centre can be found here.
10.4 All requests for refunds must be in writing.
11. Account, Password and Security for Registered Users
11.1 If an online self-service offered by us requires us to verify your identity for privacy or other reasons, you will need to register for a logon account, including a password.
11.2 When registering for an account, you warrant that all information you provide to us in relation to your account shall be accurate, current, and complete.
11.3 Once you have received a customer logon ID and password, we recommend you change the password. It is recommended that you select a password that does not relate to any readily accessible data such as your name, date of birth, address or telephone number.
11.4 You acknowledge and agree that you will:
a) not disclose your password to anyone;
b) not use your password for any unauthorised purpose;
c) notify us immediately of any unauthorised use of your account or password or any other breach of security by telephoning us directly at (08) 9949 3000;
d) not create an account for anyone other than yourself or any entity, without permission of the proposed account owner or authorised officer of the entity in the name of which the account will operate;
e) be solely responsible for maintaining the security of your customer ID and password and that you will be liable for all activity that occurs on or through your account, whether authorised or unauthorised; and
f) update your contact information as and when your personal details change to ensure that our records are accurate and current whilst you remain a registered user of our Online Services.
12. Indemnity
12.1 You indemnify us, including our officers, employees, agents and related bodies from, and against all claims, suits, demands, actions, damages, liabilities, expenses or costs arising out of, or in any way connected to your use of the site.
13. Disclaimer
13.1. You must not use this website for any purpose or in any unlawful way.
13.2 These terms and conditions are governed by the laws of Western Australia.
13.3 By using the site, you submit to the non-exclusive jurisdiction of the Western Australian courts for proceedings in connection with the terms and conditions of use of the site.
13.3 These terms and conditions constitute the entire agreement between you and us and govern your use of this website, superseding any prior agreements between you and us.
13.4 Headings in the terms and conditions of use for the site are for convenience only, and not to limit interpretation.
13.5 The material on this website or the products, technology and process contained in the website are subject to intellectual property rights owned by us or by third parties. Authorisation must be obtained from us prior to any reproduction, storage or transmission of the material.
13.6 You acknowledge that you may be subject to additional terms and conditions that apply when you use any linked websites, affiliated services, third-party content or third-party software.
13.7 Our failure to exercise or enforce any right or provision of these terms and conditions must not be treated as a waiver of the right or provision.
13.8 If any part of the terms and conditions is found to be invalid or unenforceable, the remaining portion will remain in full force and effect
13.9 This online merchant is based in Australia.
14. Questions
14.1 If you have any questions about these terms and conditions or any concerns about this website or the content, please contact us on (08) 9949 3000 or info@exmouth.wa.gov.au