Terms and conditions

Cairns Regional Council Online Self Service and eServices

1. Definitions

1.1 The terms "we", "us", "our" and "Council" refers to the owner of the site, Cairns Regional Council (ABN 24 310 025 910) of 119-145 Spence Street, Cairns, Queensland 4870, Australia.

1.2 "User" or "you" or "your" means any person using the site.

1.3 "Material" or "content" on the website includes any logo, symbol, data, text, image, video, audio, photos, images, links and other items.

1.4 "Upload", "post to", "transmit" means adding information such as text, data, audio, video, photos and image etc., to the site that has been submitted by a person using the site.

1.5 "Site" or "website" means each website utilised to perform Cairns Regional Council's Online Self Services and eServices.

2. Acceptance of terms and conditions

2.1 Council enables customers to process certain transactions online, through the site. Your use of the site is subject to the following terms and conditions.

2.2 By using the site and/or registering for these online services you are agreeing to accept these terms and conditions of use.

2.3 Unless explicitly stated otherwise, any new features or services added to the site shall be subject to the terms and conditions of use set out below.

3. Content changes

3.1 Council encourages you to review these online terms and conditions each time you utilise the site, as they may be modified from time to time without notice. By continuing to use the site you consent to any modifications.

3.2 All fees displayed and services offered on this site can be changed by Council without notice to you.

4. Right to suspend, alter or cancel service

4.1 Council may, at any time without prior notice, modify, cancel or suspend, either temporarily or permanently, any or all online self services and/or the site. You expressly acknowledge and agree that the Council will not be liable to you or any third party for any modification, cancellation or suspension of the site.

5. Specific terms and conditions

5.1 You acknowledge that any online self services made available by Council may be subject to specific additional terms and conditions and you agree to review and comply with any such additional terms and conditions. Such terms and conditions will be available on Council's website by clicking a link at the time of use of the relevant online self services.

5.2 Access and use of any online self service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such services.

6. Use of the site

6.1 In using the site, you declare that you are over 18 years of age.

6.2 If you are using a credit/debit card to process a transaction, you declare that the credit/debit card is issued in your name and that you will pay to the issuer all charges incurred using the online services.

6.3 If you are using a Cairns Regional Council Credit Account facility, you declare that you are authorised to charge to such account.

6.4 Generally, once requested services have been processed or provided by Council, there will be no refund.

6.5 All requests for refunds must be in writing.

7. Your obligations

7.1 By using the site, you agree that you will not:

7.1.1 upload, post to, email or otherwise transmit software viruses, other malicious code, or other disabling features to the site which is designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment;

7.1.2 tamper with or do anything that could hinder the proper operation of the site or make unauthorised modifications to the site;

7.1.3 upload, post to, email or transmit to or via the site any content that is unlawful, harmful, threatening, menacing, harassing, defames, libellous, offends or restricts any person, or inhibits any other user from using this site;

7.1.4 upload, post to, email or transmit to or via the site any content that breaches any laws or regulations, or is contrary to any relevant standards or codes or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7.1.5 upload, post to, email or transmit to or via the site any indecent, inflammatory, obscene or pornographic material or content that could give rise to criminal or civil proceedings;

7.1.6 collect users' material using software such as address harvesting bots, robots or web spiders;

7.1.7 use the site to send spam, junk email, or any unsolicited email or SMS messages to anyone;

7.1.8 attempt to gain unauthorised access to the site or use another's name, customer logon ID or password; or

7.1.9 impersonate any person or entity or create a false identity to mislead others or manipulate identifiers in order to disguise the origin of any material transmitted through the online self service or falsely state or otherwise misrepresent your affiliation with a person or entity.

8. Account, password and security for registered users

8.1 If an online self service offered by Council requires us to verify your identity for privacy or other reasons you will need to register for a logon account including a password.

8.2 When registering for a logon account, you warrant that all information provided to Council by you in relation to your account shall be accurate, current and complete.

8.3 Once you have received a customer logon ID and password, we recommend you change the password. It is recommended that you select a password that does not relate to any readily accessible data such as your name, date of birth, address or telephone number.

8.4 You acknowledge and agree that you will:

8.4.1 not disclose your password to anyone;

8.4.2 not use your password for any unauthorised purpose;

8.4.3 notify Council immediately of any unauthorised use of your account or password or any other breach of security by telephoning us directly;

8.4.4 not create a logon account for anyone other than yourself or any entity, without permission of the proposed account owner or authorised officer of the entity in the name of which the account will operate;

8.4.5 be solely responsible for maintaining the security of your customer logon ID and password and that you will be liable for all activity which occurs on or through your account, whether authorised or unauthorised; and

8.4.6 update your contact information as and when your personal details change to ensure that Council's records are accurate and current whilst you remain a registered user of Council's Online Self Services.

9. Termination of Use

9.1 If you breach any of the terms and conditions relating to the use of the site, we may suspend, terminate or limit access to the site.

9.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate or limit your access to the site. Furthermore, Council reserves the right to rescind any actions, transactions or services stemming from information found to be untrue, inaccurate, not current or incomplete.

9.3 If Council chooses not to take action, it does not mean we waive our right to act with respect to future or similar breaches.

9.4 Council reserves the right:

9.4.1  to disclose any information we may have about a user in relation to an investigation or allegation that any use of the site is in breach of these terms and conditions or the law or other regulation;

9.4.2 to identify or institute legal action against any user who is breaching these terms and conditions.

10. Privacy statement

10.1 In using the site, you are authorising Council to collect information about you. This information will be used by Council for fulfilling your request and undertaking associated Council functions and services.

10.2 For details of Council's commitment to the protection of your privacy please refer to the Cairns Regional Council Privacy Statement"" .

11.  Indemnity

11.1 You indemnify Council including our officers, employees, agents and related bodies from, and against all claims, suits, demands, actions, damages, liabilities, expenses or costs arising out of, or in any way connected to your use of the site.

12.  Limitation of liability

12.1 To the full extent permissible by law, Council disclaims all warranties express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, Council makes no warranty that:

12.1.1 the site will be free from errors, secure, timely and uninterrupted;

12.1.2 any errors in software will be corrected;

12.1.3 any material downloaded or otherwise obtained through the use of the site is done at your own risk and you will be solely responsible for any loss and damage suffered as a result of the use of the site or download;

12.2 You expressly acknowledge and agree that use of the site is at your sole risk.

12.3 Please note that while every effort has been made to ensure that the information contained on this site is correct and up to date, Council does not guarantee the accuracy, reliability, completeness or suitability of any such information and makes no warranty or representation about the content of this site.

12.4 Except where prohibited by law, Council will not be liable to you for any damage, loss (including direct and indirect losses), claims or liabilities and costs that you may suffer due to your use of the site, resulting from (without limitation):

12.4.1 the information on the site or the site itself being subject to infection by any computer virus, Trojan horse or other contamination;

12.4.2 unauthorised access to or alteration of data during transmissions to us;

12.4.3 interruption, lack of availability, or software or hardware malfunction;

12.4.4 the information on the site being incomplete or incorrect in any way, for any reason; or

12.4.5 any other matter relating to the use of the site.

13.  Third Party Websites

13.1 Council is not responsible to you for your use of any other external or third party websites you may link to from this site. Links to other websites are provided for convenience only and are beyond the control of Council. Council does not warrant or endorse the information contained on any external or third party websites and makes no representation about the quality or accuracy of material available on those websites or that such material does not infringe the intellectual property rights of a third party.

14. Availability of Online Self Service site

14.1 As electronic services are subject to interruption or breakdown, access to the site is offered on an "as is" and "as available" basis only.

14.2 Any cost associated with accessing the site is your responsibility and is dependent on the internet or telecommunications service provider used.

14.3 It is your responsibility to provide all necessary equipment to connect to the site, including a computer and modem or other access device.

15.  Applicable law and other matters

15.1 The terms and conditions and use of this site is governed by the laws of Queensland, Australia.

15.2 By using the site, you submit to the non-exclusive jurisdiction of the Queensland courts for proceedings in connection with the term and conditions of use of the site.

15.3 If any part of the terms and conditions is found to be invalid or unenforceable, the remaining portion will remain in full force and effect.

15.4 The material on this website or the products, technology and process contained in the website are subject to intellectual property rights owned by Council or by third parties. Authorisation must be obtained from Council prior to any reproduction, storage or transmission of the material.

15.5 Your use of the site must not in any way infringe the intellectual property rights of any person or organisation.

15.6 Headings in the terms and conditions of use for the site are for convenience only, and not to limit interpretation.

15.7 You must comply will all applicable laws when using or accessing the site.

Last updated: 31 October 2017