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Terms and Conditions of Use

The following terms and conditions apply to the use of this website. By using this website, you agree to be bound by these terms and conditions and you accept these terms and conditions of use.

Use of this website
You must:

• ensure that your access and use of this website is not illegal or prohibited by any laws that apply to you;
• not use this website for any activities which breach any laws or regulations, infringe a third party's rights or privacy or are contrary to any relevant standards or codes;
• not tamper with, hinder the operation of, or make unauthorised modifications to, this website; or
• procure any person to do any of the above acts.

Intellectual Property Rights (including Copyright)

All intellectual property rights (including but not limited to copyright) in the material which appears on this site (including but not limited to graphics, logos, icons, sound recordings, information content and software) ("Material") is owned by or licensed to Nambucca Shire Council.

You are welcome to use and/or reproduce the information content (but not the graphics, logos, icons, sound recordings and/or software) which appears on this website for your personal, in-house or non-commercial use, without formal permission or monetary charge from Nambucca Shire Council.

If you wish to use and/or reproduce, alter, store or transmit all or any of the Material which appears on this website for a purpose other than personal, in-house or non-commercial use, you must obtain the written permission of Nambucca Shire Council before you do so. Please contact The General Manager in writing to apply for that written permission. Nambucca Shire Council reserves the right, in its absolute discretion, to refuse such permission or to impose conditions (including but not limited to a monetary charge) before providing any such written permission.

Linked Websites

This website may contain links to other websites ("Linked Websites"). These links are provided for your convenience only and may not remain current or be maintained.

The links between this website and the Linked Websites should not be construed as an endorsement, approval or recommendation by Nambucca Shire Council of the owners or operators of those Linked Websites, or of any information, content, graphics, materials, products or services referred to or contained on those Linked Websites.

Please note that:
Nambucca Shire Council is not responsible for the privacy practices associated with any Linked Websites; and the intellectual property rights (including but not limited to copyright) in such Linked Websites are not owned by or licensed to Nambucca Shire Council. Accordingly, Nambucca Shire Council cannot and does not grant any permission or licence to use and/or reproduce any material appearing on such Linked Websites.

Nambucca Shire Council strongly recommends that you refer to the terms of use appearing on those websites before using the Linked Websites and/or before making use of any materials that may appear on the Linked Websites.

Local Government Act

The development application information and associated documents made available by Nambucca Shire Council on this website are provided in accordance with Nambucca Shire Council's obligations under the Local Government Act 1993 (including but not limited to Section 12 of that Act).

Disclaimer

This website and the services and material provided on or through the website are provided by Nambucca Shire Council on an "as is" basis without any express or implied warranty of any kind.

Except to the extent not permitted by law, Nambucca Shire Council does not:

• accept any 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 website or any Linked Website. Nor does Nambucca Shire Council accept any responsibility for any such loss arising out of your use of or reliance on the information contained on this website or any Linked Website; or
• warrant the reliability, accuracy, completeness, timeliness, quality or suitability for a particular purpose of any Material on this website or any Linked Website. Nambucca Shire Council makes no commitment to update the Material on this website; or warrant that access to or use of this website and the services or material provided on or through the website will be uninterrupted or error free or that the website or any material on or accessible through the website is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or any other harmful components.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits Nambucca Shire Council from excluding or modifying the application of, or 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:

if the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
 

Amendments to these terms and conditions of use
Nambucca Shire Council may change any of the material on this website, including the material on or accessible through this website, at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions of use as amended.

Security of Information
The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, the user acknowledges and accepts the risk that any communication to or from this website may be intercepted, used or modified by third parties.

Denial and/or Termination of Access
Nambucca Shire Council reserves the right to:

• suspend, limit or deny access to, or use of, all or part of this service or the website, without prior notice, if there is an emergency or if you engage in any conduct that Nambucca Shire Council believes, in its sole discretion:

i. violates any term or provision of these terms and conditions of use;

ii. violates the rights of Nambucca Shire Council or any third party;

iii. is otherwise inappropriate.

• terminate access to this website at any time without notice.

The disclaimer set out above will continue to apply and will survive any such denial or access or termination.

Privacy and Freedom of Information

When you access and use this website, you may be required to provide Nambucca Shire Council with information which identifies you or which enables you to be identified (including but not limited to your name and address) ("Personal Information"). Nambucca Shire Council will collect, store, access, use and disclose your Personal Information in accordance with its obligations under the Privacy and Personal Information Protection Act 1998.

Unless you object, any Personal Information you provide to Nambucca Shire Council may be:

• collected, stored, accessed and used for the purposes of contacting you, providing you with the services of Nambucca Shire Council, tracking the services (including but not limited to the status of such services) of Nambucca Shire Council provided to you from time to time, recording any amounts due to or from you in respect of the services provided by Nambucca Shire Council, enabling you to use the functionality of this website and/or considering any application for employment received from you;
• collected, stored, accessed, used and disclosed in accordance with Nambucca Shire Council's obligations under the Freedom of Information Act (1989), the Local Government Act (1993) and/or any other legislation to which Nambucca Shire Council is subject;
• combined with other data for analysis;
• varied in order to remove personally identifiable characteristics;
• disclosed to staff of and service providers to Nambucca Shire Council for the purposes of providing you with the services of Nambucca Shire Council, tracking the services (including but not limited to the status of such services) of Nambucca Shire Council provided to you from time to time, recording any amounts due to or from you in respect of the services provided by Nambucca Shire Council, enabling you to use the functionality of this website and/or considering any application for employment received from you;
• disclosed to any law enforcement agency or an agency responsible for government or public security
• made available for access by Council staff, Councillors or members of the public, unless access is restricted under Council's Records Management Policy and Plan or legislation. This includes but is not limited to information contained in some documents which may be available via Council’s website eg. Development Applications.

If you request Nambucca Shire Council not to use your Personal Information in a particular manner or at all, Nambucca Shire Council will adopt reasonable measures to observe your request but may still use or disclose that information if:

• it subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure;
• it believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
• it is required by law to disclose the information.

Nambucca Shire Council reserves the right to reproduce in whole or in part any correspondence or submission (including but not limited to any Personal Information contained in any such correspondence or submission). In your correspondence to Nambucca Shire Council the inclusion of your contact details is voluntary, but choosing to omit this information may limit Nambucca Shire Council's ability to help you. Information about privacy legislation can be obtained from  Privacy NSW. If you have any questions about the use of personal information, please contact Nambucca Shire Council's General Manager on 02 6568 0200.

You are entitled to have access to any of your Personal Information which is held by Nambucca Shire Council. You are also entitled to request Nambucca Shire Council to edit and delete such Personal Information on your behalf and Nambucca Shire Council will make such edits or deletions unless it is required by law not to do so.

Unenforceability

If any of these terms and conditions of use is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

Waiver

If Nambucca Shire Council does not act in relation to any breach of these terms and conditions of use by you, this does not waive its right to act with respect to subsequent or similar breaches.

Governing Law

These terms of use are governed by the laws in force in the state of New South Wales, Australia.