Terms & Conditions
The term “Materials” in these terms and conditions refers to all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials.
The terms “we”, “us” and “our” in these terms and conditions are each a reference to the City of Kingston ABN 80 640 377 247.
The terms "you" or “your” in these terms and conditions refer to the person accessing, browsing or using this website, or the services or Materials provided through or in connection with this website.
Use of this website
1. We are the owner and operator of this website, which contains specific Materials and other related documentation (“its content”), for viewing or downloading.
6. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this website, without our prior written consent, is strictly prohibited. You may not modify or copy the layout of the website or any computer software and code contained in this website.
Intellectual property in the website
9. 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/or our licensors (as applicable) (“Intellectual Property Rights”) with all rights reserved.
11. 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 infringement of your intellectual property rights, please let us know.
12. The City of Kingston logo must not be used or reproduced without our written permission.
14. This website may contain functions that allow you to post, upload, submit, or transmit to us, any Materials (including your details).
15. You acknowledge that you are solely responsible for the accuracy, completeness and legal compliance of all of the Materials (including your details) posted, uploaded, transmitted or submitted by you on or through this website (“your content").
17. You represent and warrant that:
(b) your content is not defamatory and does not infringe any law[ADC9] .
18. In relation to this website, you must not:
(a) upload, post, transmit, submit or otherwise make available any Material that:
(i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(ii) 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;
(iii) contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs that could interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(iv) 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;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) create a false identity for the purpose of misleading others as to your identity or the originator of a message;
(d) 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;
(e) attempt to gain unauthorised access to this website, other user accounts, computer systems or networks, through password mining or any other means;
(f) use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(g) intentionally or unintentionally violate any applicable law or any intellectual property right or any other proprietary right;
(h) use data collected from the website to contact individuals, companies or other persons or entities, except as expressly permitted in the website;
(i) "stalk" or otherwise harass another user;
(j) interfere with another user's use and enjoyment of this website;
(k) collect or store personal data about other users of this website;
(l) make any unauthorised commercial use of this website and/or its content;
(m) circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this website.
Links to other websites
20. This website may contain links or hyperlinks to web pages of third parties (including, BPOINT) (“Linked Pages”), which are not under the control of the City of Kingston.
21. Any links or hyperlinks are provided as a convenience to you and the existence of a link or hyperlink to other Linked Pages cannot be construed as an endorsement, sponsorship, approval, representation or recommendation by the City of Kingston of the Linked Pages and/or the information, products or services available or otherwise contained therein.
22. We do not control the information on the Linked Pages and is not responsible for their contents and the material contained on those Linked Pages. The use of and access to such Linked Pages is at your sole risk.
23. Kingston complies with all legislative obligations in relation to confidentiality and privacy however, we do not guarantee that your use of the Linked Pages will be confidential. We are not responsible for any harm or damage that you or any person may suffer as a result of a breach of confidentiality in respect of your use of or access to this website.
24. You acknowledge and agree that any online payment services made available for your use or access via this website may be powered, operated or made available by BPOINT or any other third-party provider (“Payment Service Provider”), and that any use of or access to the said online payment services may be subject to the third party’s terms and conditions of use (“Third Party Terms”).
25. By accessing and using the online payment services via this website:
(a) you agree to comply with the terms and conditions imposed by your bank and/or the Payment Service Provider, and pay the amounts and associated fees in relation to the transactions you authorise on this website; and
(b) you are solely responsible for ensuring that all payment information entered by you when paying your bill is correct.
26. You acknowledge that if the information you provide is incorrect, it may result in your bill remaining unpaid and interest may be charged.
27. While the online payment services may provide a payment reference number acknowledging your payment, your financial institution may still decline the transaction. The provision of a payment reference number does not mean that payment of your liability has been finalised. If a payment is declined, you will need to contact your financial information.
Risk and Liability
28. You acknowledge that:
(a) you use this website and/or its content (including any Linked Page) at your own risk;
(b) we make no representations or warranties in relation to the quality, accuracy, completeness or fitness for purpose of any of its content, whether posted by us or by an user; and
(c) we are not responsible for, and accept no liability in relation to, your use of this website, its content (including any Linked Page) or your conduct in connection with this website and/or its content (including any Linked Page) in any circumstance, whether online or offline.
29. To the fullest extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of this website.
30. 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 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.
31. 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 Pages.
32. We make no representation, warranty, guarantee or assurance that this website or Linked Pages are free of computer viruses or other defects. You must take your own precautions to ensure that this website or Linked Pages do not, or will not, expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.
33. We reserve the right, at our discretion, to do one of more of following at any time without notice:
(a) monitor, terminate or suspend access to this website and/or its and your content (including any Linked Page);
(b) restrict access to all or any part of this website and/or its content (including any Linked Page) at our absolute discretion; and/or
(c) stop or suspend the operation of this website in full or in part at any time.
35. Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of this website and/or its content (including the Linked Pages).
39. 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.