Website Terms of Use and Disclaimer

This website accessible under the domain name midcoast.nsw.gov.au (‘Website’) contains documents, images, drawings, plans, materials and other information (‘Website Content’) authored or prepared by or on behalf of, or licensed to, MidCoast Council (‘Council’). It also contains Website Content made available as ‘open access’ information pursuant to the Government Information (Public Access) Act 2009 (NSW) and the Government Information (Public Access) Regulation 2009 (NSW), which may or may not have been authored or prepared by or on behalf of Council.

By accessing this Website, including all Website Content contained in this Website, you acknowledge and agree to the following terms:

1. Council permits you to produce the Website Content contained in this Website in your web browser (and in cache file produced by your web browser) solely for the purpose of viewing the content.
2. You must not:
   1. use this website for any unlawful purpose;
   2. impersonate any person or entity;
   3. dispose of, or grant to others, any right in or title to any intellectual property subsisting in this Website or any Website Content;
   4. infringe a proprietary right of Council or any other person;
   5. use this Website in any way that interferes with other users or defames, harasses, threatens, menaces, offends, discriminates against or restricts any person or which inhibits any other user from using or enjoying this Website;
   6. upload, post, email, transmit or otherwise make available via this Website any:
      • obscene, indecent, inflammatory, defamatory, discriminatory, offensive or inappropriate material or material that could give rise to civil or criminal proceedings against Council;
      • material that you do not have a right to make available under any law or contractual obligation; or
      • material which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware, including the Website;
   7. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
   8. collect or share information about others without their consent;
   9. tamper with, hinder the operation, reverse engineer, or make unauthorised modifications to this Website; nor
   10. attempt any of the above acts or permit another person to do any of the above acts.
3. Council owns, licenses or is permitted at law to publish the Website Content contained in this Website. All Website Content contained in this Website is subject to the Copyright Act 1968 (Cth) and other intellectual property laws, including the laws of other countries through international treaties. You are not entitled to copy, reproduce, print, publish, communicate or exploit any Website Content contained in this Website, nor any information accessible through links contained in or through this Website to external pages authored or hosted by third parties (‘Third Party Information’), unless you hold the appropriate licence from, or obtain the express written permission of, the copyright owner or as otherwise permitted under the Copyright Act 1968 (Cth). Any Website Content made available to you through the ‘Application Tracking’ or ‘Have Your Say’ pages are provided for the sole purpose of community consultation and/or your critique and review of that Website Content as part of a planning matter under the Environmental Planning and Assessment Act 1979 (NSW) and associated regulation.
4. Whilst the Website Content contained in this Website has been formulated with all due care, Council does not warrant the exhaustiveness, currency, accuracy or reliability of such Website Content contained in this Website nor any Third Party Information. You are not entitled to rely upon any Website Content contained in or made available through this Website, including any Third Party Information, for any purpose and, to the maximum extent permitted by law, Council disclaims all responsibility and excludes all liability to you and any other person for any loss, damage or liability of any kind (howsoever caused, including by negligence) arising from or relating in any way to such Website Content or Third Party Information or your, or any other person’s, use of or reliance upon such Website Content or Third Party Information. You must therefore make your own investigations and decisions concerning the accuracy, reliability, completeness and correctness of any Website Content contained in this Website or on any web page accessible via this Website.
5. Website Content contained in this Website and any Third Party Information must not be taken as advice, including professional advice. You agree that you are responsible for making your own assessment of such Website Content and should verify all relevant representations, statements and other information with your own professional advisers.
6. You:
   1. warrant that you have all necessary rights to provide any information shared or submitted by you via this Website to us.
   2. grant Council a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the intellectual property you share or submit via this Website in any way.
   3. when acting as an agent, warrant that you have the authority of the relevant principal to provide the relevant information and bind the principal; and
   4. if you (or any employee or agent) have moral rights in any intellectual property that you share or submit to Council via this Website, irrevocably consent to any amendment, use or application of the intellectual property without attribution of authorship by Council or its licensees and successors in title. You consent to any act or omission which would otherwise constitute an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).
7. By accessing Website Content contained in or made available through this Website (including any Third Party Information) and submitting or uploading any information via this Website, you agree to indemnify (and keep indemnified) Council against any loss or other liability suffered or incurred by Council in relation to:
   1. any infringement by you (whether directly or indirectly) of any person’s intellectual property rights, including copyright and an author’s moral rights (as that term is defined in the Copyright Act 1968 (Cth)); or
   2. any other breach by you of these terms, including (without limitation) any breach of paragraph 2.
8. You may link to this Website, but permission is restricted to making a text link without any alteration of this Website's contents. You may not use the Council logo or any other Website Content contained in this Website or any Third Party Information as a banner or icon, and nor are you permitted to reproduce, frame or reformat the files, pages or any other Website Content contained in this Website or any Third Party Information, without the express written permission of the copyright owner.
9. This Website and any Website Content may be updated from time to time by Council without any notice to you.
10. All matters relating to this Website are governed by the laws of the State of New South Wales, Australia.

Aside from use of the Website Content contained in this Website as permitted by the above terms or otherwise under the Copyright Act 1968 (Cth), Council reserves all other rights.