1.0 Content and use of information

1.1 The information contained on this Site may contain inaccuracies or errors. Junee Shire Council makes no warranties or representations regarding the currency, quality, accuracy, merchantability or fitness for purpose of the information contained in this Site, or that the Site is free from any virus or other defect. It is your sole responsibility to make your own assessment of the information contained on this Site.

1.2 Junee Shire Council will in no circumstances be liable to you for any loss or damage (including without limitation, consequential loss or damage) however caused and whether arising directly or indirectly from your use of the information contained on this Site.

2.0 Changes to Agreement

2.1 Junee Shire Council may vary this Agreement at any time by posting the varied Agreement on the Site. The varied Agreement will take effect immediately after any variation is posted on the Site. The version of this Agreement currently on the Site at any time governs your use of the Site.

2.2 Junee Shire Council reserves the right to change any aspect of this Site, including suspending or terminating this Site. Junee Shire Council will have no liability to you if this Site is changed, suspended or terminated. You agree to waive all rights you may have against Junee Shire Council in respect of any such action taken by Junee Shire Council.

3.0 Limitation of Liability

3.1 You acknowledge that because of the nature of the internet and third party dependencies, Junee Shire Council does not warrant that access to or use of the Site will be continuous or uninterrupted. From time to time the Site may not be available due to upgrades or maintenance.

3.2 Junee Shire Council will not be liable to you for any loss or damage (including without limitation, consequential loss or damage) whether caused by negligence or otherwise suffered by you whether arising directly or indirectly from the operation of this Site or any services provided to you under this Agreement.

3.3 In no event will Junee Shire Council be liable to you or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation:

• damage directly or indirectly caused to your computer or to your computer files through your use of the Site;
• damages resulting from loss of data, loss of profits or business interruption. This limitation will apply even if Junee Shire Council has been advised of the possibility of such damages;
• for any error, omission, failure or negligence in carrying out your instructions;

3.4 Without limiting any other provision of this Agreement, you acknowledge that:

• the operation of the Site is dependent on a number of factors outside Junee Shire Council’s control, including traffic on and technical difficulties with the internet;
• the Site is secure within certain technical boundaries; and
• you acknowledge that disruptions to operation of the Site may occur which are outside the control of Junee Shire Council and which may affect your access to and use of the Site; and agree that, without limitation, all liability you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility.

4.0 Implied Terms

4.1 To the extent permitted by law, Junee Shire Council specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement.

4.2 This Agreement includes terms implied by law, which by law cannot be excluded. Junee Shire Council’s liability for any breach of such an implied term will be limited to Junee Shire Council’s choice of either supplying the services provided to you again, or the reasonable cost of supplying those services again.

5.0 Links to other websites

5.1 Junee Shire Council provides links to other websites. In providing these links, Junee Shire Council makes no representations whatsoever regarding those websites or the companies which operate them, or feature on them. It is your sole responsibility to make your own assessment of the information contained on those websites.

5.2 Junee Shire Council will not be liable for any loss or damage of any kind that you may incur either directly or indirectly through using those websites or relying on information found in those websites.

5.3 Material appearing on linked sites may be subject to copyright. Junee Shire Council recommends that you refer to any copyright notices on those sites before making use of any such material.

6.0 Links to the Site

6.1 You may link to this Site by making a text link only provided that this is not illegal, obscene, offensive, upsetting or defamatory and does not alter the content of the Site in any way.

6.2 You may not use any Junee Shire Council trade marks or logos or any Site content as a banner or icon or in any other manner or reproduce, frame, reformat the files, pages, images or information on this Site on any other website without obtaining the prior written consent of Junee Shire Council.

7.0 Indemnity

7.1 You indemnify and agree to keep indemnified Junee Shire Council, its employees, representatives and agents against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered or incurred by Junee Shire Council directly or indirectly as a result of any breach of your obligations under this Agreement and against all claims, demands, actions, proceedings, costs, expenses, liabilities (including without limitation legal costs and disbursements on a full indemnity basis) arising or connected in any way with this Agreement.

8.0 Copyright

8.1 Each part of the Site, unless otherwise indicated, is protected by copyright. Junee Shire Council reserves all rights. You may display, download, print and reproduce this material in unaltered form for your personal use only. You may not alter, adapt, modify, translate, create derivative works, transmit, store in electronic or other media or otherwise deal with the Site, including each part of the Site, except where expressly permitted to do so by Junee Shire Council, or in accordance with the provisions of the Australian Copyright Act 1968.

8.2 To obtain the consent of Junee Shire Council, please contact us at jsc@junee.nsw.gov.au

9.0 Trade Marks

9.1 All Junee Shire Council trade marks and logos are owned by Junee Shire Council and may not be used, reproduced or altered in any manner except with the prior consent of Junee Shire Council. Any unauthorised use of Junee Shire Council trade marks and logos may constitute registered trade mark infringement.

10.0 System Integrity

10.1 You agree not to interfere with the proper working of the Site. You agree not to do anything that imposes an unreasonable or disproportionately large load on the Site.

11.0 Your Information

11.1 Your information includes any personal information you provide to Junee Shire Council or other users of the Site and contained on the Site.

11.2 You agree that all information you provide is complete, accurate and current, and that you will take all steps necessary to maintain completeness, accuracy and currency of your information at all times including amending your information as soon as practicable after it changes.

11.3 It is a condition of this Agreement that your information:

• does not contain any virus, trojan horse, worm, time bomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system, data or personal information;
• is not false or misleading;
• does not contravene any law, statute or regulation, including without limitation, consumer protection and sale of goods legislation;
  is not defamatory, unlawfully threatening or libelous;
• does not infringe any third party’s intellectual property rights;

11.4 Junee Shire Council in its sole and absolute discretion, reserves the right to suspend or terminate your use of the Site if your information is not truthful, accurate or current, or if you attempt to transmit any material to the Site which contains any virus, trojan horse, worm, timebomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system data, personal information or other content on this Site.

12.0 Privacy Policy

12.1 Junee Shire Council’s privacy policy governs the way Junee Shire Council may use your information. You consent to the use of your information in the manner contemplated by Junee Shire Council’s privacy policy. Please refer to Junee Shire Council’s Privacy Policy for full details.

13.0 General

13.1 The validity, interpretation and performance of this Agreement will be governed by the law of the State of New South Wales and of the Commonwealth of Australia.

13.2 If any provision of this Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.

13.3 Junee Shire Council may give notices by:

• posting notices on the Site; or
• sending notices by electronic mail (email). Notices sent by email will be sent to the latest email address of which Junee Shire Council has received notice. Junee Shire Council accepts no responsibility for messages not received which are sent to the last known email address.

13.4 It is your responsibility to regularly check the Site for notices and you will be considered to have received a notice immediately it is posted on the Site or sent to your nominated email address.