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Terms and conditions

The following provisions state the conditions which will apply when you submit content (including all text, graphics and photographs) ("Content ") to Moreland City Council ABN 46 202 010 737 of 90 Bell Street, Coburg  VIC  3058 ("We" or "Us" or “Our”).

By ticking the box to indicate that you have read and accept the Terms and Conditions, you and your organisation ("You") will be taken to have agreed to the following.

a. You agree to only use your User ID and Password to access the Website and only in accordance with these Terms of Use, any additional requirements We specify on the Website, any directions We give from time to time and all applicable laws.

b. You acknowledge that We generate and send to You a unique User ID and Password combination for Your sole and exclusive use to submit Content to Us for inclusion in the Website.  You agree to take all necessary steps to protect your User ID and Password from unauthorised access, use or disclosure by any person, to immediately notify Us on becoming aware of any unauthorised access to, use or disclosure of Your User ID or Password by any person, and to comply with any directions relating to security which We issue from time to time.

c. You acknowledge that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that You transmit data to Us at Your own risk.

d. You grant to Us on a non-exclusive, irrevocable, perpetual, licence fee- and royalty free basis a licence of all intellectual property rights (including, but not limited to, copyright) subsisting in the Content to copy, use, store and further distribute and transmit (by whatever means) the Content as We think fit, provided We act in good faith and in the interests of promoting physical activity in Moreland;

e. You agree that, save for the Content You submit to Us, all intellectual property rights (including, without limitation, copyright) in the Website and its content are, upon their creation, owned by Us.  We grant to You a non-exclusive, non-transferable licence to use the Website for purposes solely related to the submission of Content. You agree to do everything reasonably necessary to give full effect to this paragraph.

f. You undertake, represent and warrant to Us, on a continuing basis, that the Content is accurate, is not misleading or deceptive, is not defamatory or obscene, and does not contravene any legislation nor infringe any third party's rights, including intellectual property rights and moral rights and that You are authorised by Your organisation to upload or submit the Content to Us;

g. You agree to update, amend or modify the Content during the Term of your listing so that at all times the Content is accurate and continues to conform with these terms;

h. You acknowledge that We are entitled to edit the Content to ensure the readability and accessibility of the Content as posted to the Website. At Our discretion, We may change or remove any unsuitable information or images entered as part of the activity entry. No changes will be made to the details of the actual activity, except as to update the detail following any further submission You make updating such information.  You represent, warrant and undertake to Us that Our amendments to or edits of the Content will not infringe the moral rights of any party.

i. Content will be uploaded within two (2) Business Days**. Changes to Your User ID and Password and contact details will be immediately live on the Website.

j. You agree that We can remove the Content immediately and without notice to You if You breach any of these terms, if We receive any allegation which demonstrates to Us that the Content does not comply with paragraph (b) above or if You and/or Your organisation is no longer endorsed by Us as complying with the Active Moreland Standard.

k. The activity must be conducted within Our municipality. The inclusion of activities outside this region is at Our discretion.

l. You agree to indemnify and hold Us, Councillors, directors, employees and authorised agents (“Indemnified”) harmless from and against any action or claim brought against any of the Indemnified which arises out of or otherwise in connection with Our exercise of its licence to the Content as provided by You.

m. Provision of additional content by You (or modification or amendment of existing content) is on the basis of the above terms.

n. If We change these terms at any time, We will use reasonable endeavours to notify You of the changes. If You continue to use this Website following Our change to the terms of use, You are deemed to remain bound by the above terms as amended.

o. You acknowledge that in the course of registering to use the Website and to submit Content to Us, You may supply certain information to Us which may be “personal information” under the Information Privacy Act 2000 (Vic).  If You do not agree to provide such personal information to Us, then You may not be able to use a part or all of the Website and/or be able to submit Content to Us.  We may use the personal information You submit to create a user profile for You for the Website.  We agree to hold any personal information You supply or input into the Website in accordance with Our privacy policy and in accordance with the Information Privacy Principles.

p. You acknowledge that, subject to the following We are not liable to You in respect of any direct, indirect, consequential or special loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of access to or use of the Website and/or submission of the Content to Us.  Subject to the following, any condition, warranty or guarantee which would otherwise be implied into these terms of use is hereby excluded.  Where legislation implies into these terms of use any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of or liability under such condition, warranty or guarantee, the condition, warranty or guarantee shall be deemed to be included in these terms of use provided that Our liability for any breach of such condition, warranty or guarantee is limited, at Our option, to one or more of the following:
• the supply of the services again; or
• the payment of the costs of having the services supplied again.

q. Notices. Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to the electronic mail address associated with Your User ID.  You agree to immediately notify Us of any change in the address associated with Your User ID.

r. Entire Agreement. These terms of use constitute the entire agreement with respect to Your use of the Website and Your submission to Us of Your Content.  They supersede and replace all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these terms of use.

s. Applicable Law.  These terms of use are subject to the laws in force in the State of Victoria and You and We both agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.

t. Waiver. A waiver by Us of a breach of these terms of use is not a waiver of any other breach.  Our failure to enforce a provision of these terms of use will not be interpreted as a waiver.

u. Severability. Each provision of these terms of use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

v. Definitions. In these terms of use:
• Term means duration of Your activity;
• Business Day means a day (other than a Saturday or a Sunday) on which banks are open for general banking business in Melbourne;
• Information Privacy Principles means the Information Privacy Principles in Schedule 1 to the Information Privacy Act 2000 (Vic);
• Password means a password You use for the purpose of accessing the Website and submitting Content to Us; and
• User ID means a name or acronym We issue to You for Your use in accessing the Website and submitting Content to Us.

By ticking the box ‘I have read and accept the Terms and Conditions’, You acknowledge and accept the conditions above. You will be unable to proceed with registration or renewal if you do not click 'I have read and accept the terms and Conditions.'