Legal Information & Disclaimer

These Terms & Conditions of Use, in conjunction with our Privacy Statement, describe your rights and responsibilities as a user of the cairns.qld.gov.au website (website), its subsidiary websites and any Cairns Regional Council mobile applications (apps).  By using our website or downloading, installing, displaying or using our apps, you indicate that you accept these Terms & Conditions of Use and that you agree to abide by them as a legally binding agreement between you and us.

If you do not agree with these Terms & Conditions of Use, cease using, downloading, installing or displaying our website or apps immediately.

These Terms & Conditions of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or this website.

We reserve the right to amend, modify, add, delete and make corrections to the Terms & Conditions of Use at any time without notice. All changes are effective from the date they are posted and your continued use of our website or apps will constitute your acceptance of the variation of the Terms & Conditions of Use. It is your responsibility to ensure you are aware of any changes to these Terms & Conditions of Use each time you use our website or apps.

No warranty

Cairns Regional Council (Council) excludes all liability to you for loss or damage of any kind (however caused, including negligence) arising from or relating in any way to the contents of our website or apps and/or your use of these services.

All content and services on or available through our website or apps are provided on an ‘as is’ and ‘as available’ basis. Council does not expressly or impliedly warrant that the website or apps is fit for any particular purpose, including the intended purpose.  We accept no liability if our website or apps is temporarily or even permanently unavailable.

Your access to and use of the website or apps is entirely at your risk. Council accepts no responsibility for any interference, loss, damage or disruption to your own computer, mobile device or otherwise which arises in connection with your use of the website or apps. You must take your own precautions to ensure that the process which you employ to obtain access to the website or apps does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your mobile device or otherwise cause you or any person loss, damage or corruption.  If you have any concerns in relation to the data and information provided on the website or apps, you should make further enquiries and seek independent advice specific to your circumstances.

Council does not warrant that the website or apps, information and or downloadable material is free from viruses or other conditions that could damage or interfere with data, hardware or software. Accordingly, Council excludes to the maximum extent possible, any liability for any loss suffered as a result of any such viruses or defects.

Website

The website may be used and accessed for lawful purposes only.

Cairns Regional Council grants you a non-exclusive licence to view, download, store in cache, display and print the contents of this website in unaltered form only for personal, educational and non-commercial purposes. You must not use the website for any commercial purpose and you are not permitted to use this website to sell a product or service or to increase traffic to your website. Council reserves all other rights.

You may not display the contents of any page or file posted on this website within, or as part of, any other site, or otherwise re-transmit, distribute or commercialise the material without the express written permission of Cairns Regional Council. This does not prevent inclusion of hypertext links to our website in any other website.  In the event that you wish to reproduce, store, transmit or alter the material which appears on our website for a purpose other than personal, in-house or non-commercial use, you can apply for formal permission by contacting Council.

The information on website is for information purposes only.  References on this website to Council are a reference to Cairns Regional Council.  Please note that while every effort has been made to ensure that the information contained on this website 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 website.

Council is not responsible to you for the content, policy or practices any other websites operated by third parties you may link to from our website. Links to third party content are provided for convenience only and do not constitute sponsorship, endorsement or approval by Cairns Regional Council.  Those sites are beyond the control of Council and may not be current or maintained. Council does not warrant or endorse the information contained on those other websites. Council will not be responsible for any loss, damage, cost or expense incurred by you in accessing or attempting to access those other websites.

Council is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this web site or its content. This includes, but is not limited to, the transmission of any computer virus or malware, ransomware or any other form of malicious software.

Should you send us any information over the internet, Council will take reasonable steps to ensure it is kept secure. However, Council accepts no responsibility for any unauthorised access to that information during its transmission to us.  Any personal information you give us will be dealt with in accordance with Council's Privacy Statement.

Mobile applications (apps)

By downloading, installing, displaying and using our apps, you agree to be bound by these Terms & Conditions of Use. If you fail to comply with these Terms & Conditions of Use, your right to access and use the apps ceases immediately.

Use of the application and data

We grant you a personal, limited, non-transferable, non-exclusive, revocable licence to install and use the apps on your device for personal, educational and non-commercial purposes. You must not use the apps for any commercial purpose.

The licence we grant to you does not extend to you:

• installing and using the apps on any device other than a device that you own or control;
• copying, modifying, adapting, extracting (for example, downloading), reproducing or distributing any part of, or material in (including but not limited to licensed third party images), the apps, unless explicitly allowed by us;
• reverse engineering any part of the app;
• using any licensed third party images as a stand-alone file;
• using any of the trade names, trademarks, service marks, logos, domain names, design layouts and other distinctive brand features in the app; and
• removing, obscuring or altering any legal notices displayed in the apps.

The apps is currently available to mobile devices running Apple iOS or Android OS.  Cairns Regional Council may, at its sole discretion, discontinue or change the apps or the minimum version of the operating system on which it operates, at any time and without notice.

Access and use of the apps requires internet connectivity and data. Whilst the apps are free to download from the play stores, Cairns Regional Council is not responsible for your provider’s mobile internet rates and fees in accessing, downloading or using the app. You acknowledge and agree you are entirely responsible for any such fees. Council disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.

You acknowledge and agree you are entirely responsible for any such fees. Cairns Regional Council disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.

At any time, you may terminate this agreement by deleting the apps from all mobile devices on which you have installed the apps.

You must not:

• copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the apps in any way whatsoever;
• use the apps in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the app; and
• use the apps in any way that could damage, disable, overburden, impair or compromise the apps.

You must comply with any applicable law and regulation relating to downloading or technology used or supported by the apps.

From time-to-time, Council may issue updates to the apps and the continued functionality of the apps may depend on you downloading the relevant update. We may, at our sole discretion, change, add or remove any of the functionality or the design of the apps at any time without notice to you.

We may cancel or suspend use the apps at any time, with or without notice if you have breached the Terms & Conditions of Use.

We further reserve the right to cease operating the apps at any time, without notice.

Electronic notifications

As part of installation of the apps on your mobile device, the apps will ask if you would like it to send you “Notifications”. If you choose to allow Notifications then the apps will generate Notifications on your mobile device and you acknowledge and consent to receipt of these Notifications.  Some of these Notifications may be related to where you reside, or to preferences you have set.

You may choose to stop receiving Notifications at any time by amending your apps settings or by deleting the apps from your mobile device.

You agree to us sending to you communications via email (“Email Notifications”). You acknowledge and agree that receipt of Email Notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving Email Notifications or by the insufficient operation of your mobile device, mobile network and mobile phone company.

You may opt out of receiving Email Notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of Email Notifications.

Any personal information you give us will be dealt with in accordance with Council's Privacy Statement.

Intellectual property

Material on this website is owned by, or licensed to, Council. Material owned by Council is subject to copyright and our authorisation is required prior to reproduction, storage or transmission of the material.

Should you require further information not contained on this website, a specific enquiry should be made to Council to obtain verified information from an authorised officer of Council.

If you feel that something on this website is incorrect, please send an email council@cairns.qld.gov.au.

External links disclaimer

Throughout our site you will find links to external websites. These links are directly related to the work we do, and/or belong to partner organisations and/or government agencies. Links to external websites are provided for convenience purposes only and Cairns Regional Council accepts no responsibility for the information or opinions contained within external websites.

Although we make every effort to ensure these links are accurate, up to date and relevant, Cairns Regional Council is not responsible for the reliability or content of the websites, nor does it necessarily endorse the views expressed within the websites or any association with their operators. We are not responsible for updating the websites. We cannot guarantee that the links will work all the time, and we do not have any control over the availability of the linked pages.

If you come across any external links that don't work, we would be grateful if you could report them to our Webmaster.

You may link to this site, but permission is restricted to making a text link without any alteration of our website's contents. Links made to Cairns Regional Council’s website should not infer any endorsement or partnership by Council of that site and its services or products, where such an agreement is not applicable.

You may not use the Cairns Regional Council logo or any other material from our site as a banner or icon without our permission. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this site on any other site without the permission of Cairns Regional Council.

We do not link to external websites for national and international charities, commercial entities, services or products (with occasional exceptions at our discretion for partner organisations eg, corporate sponsors of Council-run community events), nor for political organisations. We do not link to external sites in return for services, money or any other consideration in kind.  We will not respond to emails from commercial websites requesting a link exchange.

Accessibility statement