The following terms and conditions apply to the use of the Pinpoint website, including the use of the information services and other services available on this web site and making contributions to the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to the Banyule City Council.
The Pinpoint website is administered and operated by Banyule City Council’s Arts and Culture Team.
Amendments to Terms and Conditions,
We reserve the right to amend the terms and conditions of using this site at any time. These amendments are effective immediately upon posting on the site. Your continued use of the site, following such postings will represent an agreement by you to be bound by the terms and conditions as amended.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
In addition, we do not make any representations or warranties that the information provided on the site or of any material contained on any website or email linked to Pinpoint is accurate, reliable, current, relevant, or complete, or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you by this web site.
You agree to use this web site for lawful purposes only.
In order to be able to use certain services available on the website and to make contributions to the website, you must become a registered user of the web site. To become a registered user of the web site, you must accurately provide your registration details in the manner described on the web site.
We reserve the right to refuse or terminate your registration at any time if you breach these terms and conditions.
On becoming a registered user you may be issued with “log on” information including a password. You must keep this information secure and accept responsibility for all activities on the web site using the “log on” information issued to you. You must notify us of any unauthorised use of your “log on” information.
Obligations of a Pinpoint Content Contributor
When registering as a user, you agree to the following terms and conditions:
The following content is not permitted under any circumstances. We reserve the right to refuse publication or remove content that violates these principles.
Abusive, profane or sexual language
Copyright or ownership protected materials
Discriminatory material including age, industrial activity/inactivity, disability/impairment, status as a parent/carer, gender identity, marital status, parental status, political opinion/affiliation, pregnancy or potential pregnancy, breastfeeding, race or social origin, religious beliefs/activity, sex or lawful sexual orientation, employment activity, personal association and irrelevant criminal conviction
Illegal or materials designed to encourage law breaking
Materials that could compromise council, employee or system safety
Materials which would breach applicable laws (defamation, privacy, trade practices, financial rules and regulations, fair use, trademarks)
Material that would offend contemporary standards of taste and decency
Material which would bring the council or its stakeholders and/or their reputation into disrepute
Spam, meaning the distribution of unsolicited bulk electronic messages
Images which inappropriately feature children or where permissions have not been obtained
Content which could render Council liable for a breach of OH&S laws or other legal liability
Content Readiness and Responsibilities
As a contributor to the site you will:
Be responsible for all aspects of the production of the content contributed by you, including accuracy, timeliness and appropriateness;
Ensure that your content is up to date, accurate and not misleading;
Warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
Procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line by us;
Secure and hold all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line by us;
You will retain all intellectual property rights including copyright in the content contributed by you to the web site and retain the right to remove the content from the web site at any time. While it is published on the web site, you grant us a world wide, royalty-free, non-exclusive right to reproduce, adapt, publish, publicly perform and communicate to the public the content as part of the web site.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content using this web site.
We do not warrant that any material you submit to the communication services will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the communication services, if we elect in our sole discretion to post your information or material, we do not warrant that the material or information you submit will be posted within a certain time timeframe.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on or in respect of this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
Exception to Disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must ensure that your data is supplied on the medium and in the format specified on this web site.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
You acknowledge that we are a distributor, not a publisher, of content on this web site. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
Where the information made available over this service contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the communication services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other participants in contravention of the obligations set out in these terms and conditions.
You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions by you.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this web site will meet your requirements.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
This website, including all text, graphics, logos, icons, images and software is copyright and remains the property of the Banyule City Council.
Banyule City Council is committed to the principle of information being open and accessible. Subject to the provisions of the Copyright Act 1968 (and with the exception of the Council logo), you may reproduce any of the information from this website by any process.
If reproducing any material from this website for personal use you must:
acknowledge the Banyule City Council as the copyright owner;
not claim any official connection to the Banyule City Council or any of its Councillors or staff;
not make or purport to make a charge or cost for any of the material obtained from this website;
not subject any of the material obtained from this website to any inaccurate, misleading, deceptive, derogatory or other unlawful or improper treatment; and
not use any of the material for commercial purposes.
The Banyule City Council logo is copyright. It is not under any circumstances to be reproduced without the prior written permission of the Council.
Linked Web Sites
This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
To Return to the Web Site
We are committed to the protection of your rights to privacy in accordance with the Information Privacy Act 2000 and the Health Records Act 2001.
You can access and browse our website anonymously, without disclosing personal information. However, when you visit our website, information is collected about you using a cookie. Cookies are pieces of information that a website can transfer to a computer for tracking your website visiting patterns and preferences.
The following non-personal information is automatically recorded by our website server for statistical and system administration purposes:
Internet Protocol number assigned to your computer for internet access
domain name of the account used to access the internet
date and time of your visit
pages accessed and downloaded
address of the last site visited, if linked to our website from another website
operating system used (e.g. Windows 2000, Windows NT)
browser used (e.g. Internet explorer, Netscape Navigator).
This data is aggregated and used to establish information about the number and duration of visits to our website, and the popularity of different areas of our website. We do not attempt to identify individuals from this information, unless it is necessary to investigate a breach of law or regulation.
Any information provided to Banyule City Council through the use of on-line forms on our website will only be used for the purposes it was collected and for any other authorised use. It may also be used for our own planning and research purposes to improve the services to the community. It will not be disclosed to third parties unless required or authorised by law.
We will protect the quality and integrity of your personal information, utilise appropriate technologies and security methods to store the information collected, and take all necessary steps to prevent unauthorised access, disclosure or accidental destruction or loss of information.
Links to Other Sites
This site provides links to other sites as a community service. Banyule City Council is not responsible for the privacy practices of those sites and recommends that you refer to their respective privacy statements.
Banyule City Council may, from time to time, update this privacy statement to reflect technological changes, Council policy and community feedback.