Terms & conditions | HELLO BONDI

The website Hello Bondi (hellobondi.com.au) (the “Site“) is operated by Waverley Council ABN 12 502 583 608, referred to in this document as “Waverley Council” or “we” or “us”. By using the Site, you agree to these Terms & Conditions.

Permitted Use

You agree to use the Site solely for your personal, non-commercial use and agree:

(a) not to use the Site for commercial purposes unless specifically endorsed or approved by us;

(b) not to use the Site in any manner which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any obscene, indecent, unlawful, defamatory, libellous or racist content);

(c) not to use the Site to obtain any user data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;

(d) not to upload or post to the Site any audio, video, images, information, or material (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;

(e) not to upload or post to the Site any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;

(f) not to upload or post to the Site any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law;

(g) not to upload or post to the Site any content that is offensive, defamatory or otherwise objectionable in our judgement, or that interferes with any person’s use of the Site;

Use of Content

You may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the Site that is not your User Content. You agree that, where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

Intellectual Property

All intellectual property on the Site may only be used or reproduced for non-commercial, personal use. No content or intellectual property may be used or reproduced for any commercial purposes without the prior written consent of Waverley Council.

All User Content uploaded, posted or submitted to the Site by you remains your property. By submitting User Content, you hereby grant us a non-exclusive, perpetual, royalty-free, worldwide licence to use, copy, modify, adapt, perform, distribute and communicate that User Content as we deem appropriate, including the right to make that User Content available to any third party on any terms and for any reason. You must not upload, post or submit to the Site any content that would infringe the intellectual property rights of any other person. By uploading, posting or submitting any User Content to the Site, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.

Confidential Information

Any information that we collect from you, User Content, or personal information (as defined in the Privacy Policy) will be held by us in the strict confidence.

Disclaimer

Your use of the Site is solely at your own risk.

The Site and its Content are provided for information purposes only. We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of the Site and its Content.

Third Party Material

The Site may contain links to content or websites operated by third parties (Third Party Links). Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us. Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.

Cookies

Cookies are blocks of data that we may issue to or request from your device during your use of the Site. We use cookies from time to time to enable the Site to work more efficiently, to provide us with information about your activities whilst on the Site, and to collection information about general Site statistics.

Our use of cookies will not allow us to obtain personal information that will identify you. Such personal information will only be provided to us if you have set the preferences in your browser to provide this information automatically. You may delete or block cookies, but some features of the Site may not function correctly.

For more information about cookies, including how to manage them, visit www.allaboutcookies.org.

Liability

With respect to the Site, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Site, the Content, the use of the Site, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Site or these Terms and Conditions.

Indemnities

With respect to the Site, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of:

(a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you;
(b) any breach by you of these Terms and Conditions;
(c) to the extent permitted by law, your use of the Site.

Amendments

These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to the Site are subject to change without notice to you at any time and at Waverley Council’s sole discretion. Your continued use of the Site will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to the Site.

General

With respect to the Site, these Terms and Conditions as well as your use of the Site shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us. If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.

Suspension or Termination

We may suspend or terminate the operation of the Site at any time and for any period at our absolute and sole discretion, without notice.

Third-party Links

We may provide links to third-party sites or otherwise divert your device to third-party sites from time to time (“Linked Sites“). Unless otherwise noted on the Linked Site, Linked Sites are not controlled by us in any way. Waverley Council does not necessarily endorse or support the views, opinions, standards or information expressed at the Linked Sites. Similarly, you should not interpret the absence of a link from our Site to any particular third-party site as a criticism or comment by the Council on the provider or content of that third-party site.

You acknowledge and agree that we are not responsible for the content, availability, advertising, products or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.

Linked Sites may be subject to their own terms and conditions of use. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.

Goods or services available for purchase on the Linked Sites, such as tours, hotel bookings and retailers are provided by third party suppliers and comprise a contract between the user and the supplier alone, and not with Waverley Council. Although Waverley Council uses its reasonable endeavours to ensure reputable suppliers are included on the Site, it accepts no liability arising from supplies by such suppliers. The user is responsible for reviewing and accepting the terms and conditions of each supplier before making a booking. Because the contract is made between the user and the supplier, any questions or complaints should be made to the supplier direct. To cancel or amend a booking, you must also contact the supplier direct.

Dealings with third parties

Any dealings you may have with third parties arising from the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and that third party. You acknowledge and agree that Waverley Council will not be responsible or liable in anyway arising from such third-party dealings, including any loss you may suffer arising from any act or omission of such third party.

Contact information

Waverley Council may be contacted in relation to privacy policy issues related to the Site by mail or email and addressed to:

The General Manager
Waverley Council
PO Box 9
Bondi Junction NSW 2022
Email: info@waverley.nsw.gov.au