1.1 These Terms and Conditions (Terms) are between you and M Scarborough Pty Ltd ABN 49 010 427 013 trading as My Gungahlin (us, we) and govern your access to and use of the My Gungahlin website (Website) and any information, text, graphics, photos or other content contained on the Website (Content).
1.2 Your access to and use of the Website is conditional on your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms. You may use the Website only in compliance with these Terms and all applicable laws.
2 ABOUT THE WEBSITE
2.1 You are responsible for your use of the Website and any Content and for any consequences thereof.
2.2 The Website is always evolving and the form and nature of the Website as well as its Content may change from time to time without prior notice to you.
2.3 We take reasonable steps to ensure that the Website is accessible by you 24 hours a day. However, we may stop (permanently or temporarily) providing the Website (or any features on the Website or its Content) to you or to users generally and may not be able to provide you with prior notice.
2.4 We retain the right to create limits on your use of the Website and Content at our sole discretion at any time without prior notice to you.
2.5 While we take reasonable steps to ensure that the information on our Website is accurate and up-to-date, you acknowledge that we are not responsible for the accuracy of the information on the Website. If you believe that any of the information on our Website is not accurate or up-to-date, please contact us on firstname.lastname@example.org.
3 THIRD PARTY CONTENT
3.1 As part of its function to provide information about the Gungahlin region, the Website contains:
(a) advertisements, listings, promotions and other information about goods, services and events provided by third parties (Third Party Content); and
(b) links to third party websites (Third Party Websites).
3.2 You acknowledge that:
(a) all Third Party Content is provided by third party advertisers (Third Party Advertisers);
(b) the Third Party Advertisers are not our employees, partners or agents and that they will not, by virtue of these Terms, be or for any purpose be deemed to be, our employees, partners or agents;
(c) the views, opinions or expressions contained in the Third Party Content and the Third Party Websites are those of the respective authors, and do not reflect or represent the views of My Gungahlin;
(d) we do not sponsor, endorse or make any representations about the Third Party Advertisers, the Third Party Content or the Third Party Websites;
(e) any dealing you have with a Third Party Advertiser or any other third party is not connected to your relationship with us and is entered into at your own risk;
(f) you are subject to the policies of any third party whose link you select;
(g) links to Third Party Websites are provided for your information only and you are responsible for your access to any such links and to verify all the information provided on those websites;
(h) we do not warrant the accuracy of any third party content.
4 CONDITIONS OF USE
4.1 All right, title, and interest in and to the Website (excluding Third Party Content and links to Third Party Websites) are and will remain the exclusive property of M Scarborough Pty Ltd ABN 49 010 427 013 and its licensors (Our Intellectual Property).
4.2 You may not copy, distribute, sell, modify, or create derivative works of:
(a) Our Intellectual Property or any part thereof; or
(b) the intellectual property of any third parties in Third Party Content or Third Party Websites.
4.3 Nothing in the Terms gives you a right to use the My Gungahlin name or any of the My Gungahlin trademarks, logos, domain names, and other distinctive brand features.
4.4 Nothing in the Terms gives you a right to use the name or trademarks, logos, domain names and other distinctive brand features of the Third Party Advertisers or any other third parties featured or referred to on the Website.
4.5 You agree to not use the Website to:
(a) upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, interfere with, destroy or limit the functionality of any computer software or hardware or electronic equipment, whether belonging to us or a third party;
(e) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) interfere with or disrupt the software or servers or networks connected to the software, or disobey any requirements, procedures, policies or regulations of networks connected to the software;
(g) violate any third party right, including but not limited to any copyright, property, or privacy right; and
(h) intentionally or unintentionally violate any laws of Australia or of any Australian State or Territory.
4.6 You may create a link to the Website only if:
(a) the linking website is lawful at all times;
(b) the link does not harm our reputation;
(c) you remove the link on request by us.
6 INDEMNITY AND LIABILITY
6.1 You agree to defend, indemnify, release from liability and hold harmless M Scarborough Pty Ltd ABN 49 010 427 013 (including its officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (whether special, consequential or indirect and including but not limited to business interruption, lost profits or lost data) arising from:
(a) your use of and access to, or inability to use or access, the Website;
(b) your violation of any term of this License or these Terms;
(c) your violation of any third party right, including but not limited to any copyright, property, or privacy right; or
(d) your dealings with a Third Party Advertiser or any other third party.
6.2 To the maximum extent permitted by applicable law, M Scarborough Pty Ltd ABN 49 010 427 013, and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
(a) your access to or use of, or inability to access or use, the Website;
(b) any conduct or content of any third party (including a Third Party Advertiser), including without limitation, any defamatory, offensive or illegal conduct of third parties;
(c) your use of and access to, or inability to access or use, any Content or Third Party Content;
(d) any inaccuracy of any information on the Website including the Content, Third Party Content and any links to Third Party Websites; and
(e) your dealings with a Third Party Advertiser or any other third party.
7.1 If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms will continue to apply in full force and effect.
7.2 We may revise these Terms from time to time. The most current version will be at http://www.mygungahlin.com.au/terms. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
7.3 This License and Terms will be exclusively governed by, and construed in accordance with, the laws of the Australian Capital Territory. The local and federal courts located in the Australian Capital Territory will have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof. You waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum in any such action brought in any such court.