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. 

2.      Any access to and/or use of this website and/or its content by you is subject to and conditional upon your acceptance of these website terms and conditions, the Privacy Policy and Information Statement  and the Disclaimer, as published on this website from time to time (“Terms of Use”).

3.      By accessing, browsing and/or using the website and/or its content, you accept, and undertake in our favour to comply with and be bound by, these Terms of Use in full, without limitation or qualification. 

4.      We may change, modify, vary or replace all or any of these Terms of Use at any time without notice to you and without giving any explanation or justification for such change, modification, variation or replacement.   It is your sole responsibility to check these Terms of Use regularly for any changes, modifications or amendments from time to time.

5.      You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website solely for personal, community, and business purposes and subject to the provisions of these Terms of Use

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.


7.      Your privacy is important to us. These Terms of Use should be read together with our Privacy Statement, which explains how we collect, use and disclose personal information we receive from you. 

8.      View a copy of our Privacy Statement and Information Privacy Policy.

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.

10.      You must not do anything, or omit to do anything, which may infringe the Intellectual Property Rights of any person, except where expressly authorised in these Terms of Use.

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.

Your content

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").

16.      You grant to us an irrevocable, worldwide, royalty free and perpetual licence to use, disclose, reproduce, store, adapt, publish, translate, distribute and sub-licence your content, in any material form, for any of our purposes in accordance with relevant laws and our Privacy Policy.

17.      You represent and warrant that:

           (a)      you have all of the necessary rights (including any intellectual property rights) in your content and are able to grant a licence of your content to us under these Terms of Use; and

           (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.

19.      You are solely responsible and liable for, and must indemnify us against, any loss, damage, liability or claim (including legal fees and other expenses) that we may suffer, incur or are liable for as a result of or arising from any unauthorised or misuse of this website and/or its content, or a breach of any provisions, warranties or representations contained in these Terms of Use, by you on a full indemnity basis.

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.

Website availability

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. 

34.      Without limitating the generality of clause 32, if you breach any of these Terms of Use, your permission to use the website may be terminated..

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).

36.      We will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of, or interruptions to, this website and/or its content (including, without limitation, any Linked Page) or any delay or other failure by us to provide access to this website and/or its content (including, without limitation, any Linked Page).


37.      These Terms of Use are governed by the laws of Victoria. You are deemed to submit to the non-exclusive jurisdiction of the courts of Victoria.

38.      These Terms of Use constitute the entire agreement between you and us, and governs your use of this website, superseding any prior agreements between you and us.

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.

40.      Our failure to exercise or enforce any right or provision of these Terms of Use must not be treated as a waiver of the right or provision.