The website hosted at the Internet address www.kidsearlylearning.com.au (the "Site") is operated by Blacktown City Council who can be contacted as follows:
Address : 62 Flushcombe Road, Blacktown NSW 2148
Telephone: (02) 9839 6000
Fax: (02) 9831 1961
1. Content and use of information;
1.1 The information contained on this Site may contain inaccuracies or errors. Blacktown City Council makes no warranties or representations regarding the currency, quality, accuracy, merchantability or fitness for purpose of the information contained in this Site, or that the Site is free from any virus or other defect. It is your sole responsibility to make your own assessment of the information contained on this Site.
1.2 Blacktown City Council will in no circumstances be liable to you for any loss or damage (including without limitation, consequential loss or damage) however caused and whether arising directly or indirectly from your use of the information contained on this Site.
2. Changes to Agreement
2.1 Blacktown City Council may vary this Agreement at any time by posting the varied Agreement on the Site. The varied Agreement will take effect immediately after any variation is posted on the Site. The version of this Agreement currently on the Site at any time governs your use of the Site.
2.2 Blacktown City Council reserves the right to change any aspect of this Site, including suspending or terminating this Site. Blacktown City Council will have no liability to you if this Site is changed, suspended or terminated. You agree to waive all rights you may have against Blacktown City Council in respect of any such action taken by Blacktown City Council.
3. Limitation of Liability
3.1 You acknowledge that because of the nature of the internet and third party dependencies, Blacktown City Council does not warrant that access to or use of the Site will be continuous or uninterrupted. From time to time the Site may not be available due to upgrades or maintenance.
3.2 Blacktown City Council will not be liable to you for any loss or damage (including without limitation, consequential loss or damage) whether caused by negligence or otherwise suffered by you whether arising directly or indirectly from the operation of this Site or any services provided to you under this Agreement.
3.3 In no event will Blacktown City Council be liable to you or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation:
damage directly or indirectly caused to your computer or to your computer files through your use of the Site;
damages resulting from loss of data, loss of profits or business interruption. This limitation will apply even if Blacktown City Council has been advised of the possibility of such damages;
for any error, omission, failure or negligence in carrying out your instructions;
3.4 Without limiting any other provision of this Agreement, you acknowledge that:
the operation of the Site is dependent on a number of factors outside Blacktown City Council's control, including traffic on and technical difficulties with the internet;
the Site is secure within certain technical boundaries; and
you acknowledge that disruptions to operation of the Site may occur which are outside the control of Blacktown City Council and which may affect your access to and use of the Site; and agree that, without limitation, all liability you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility.
4. Implied Terms
4.1 To the extent permitted by law, Blacktown City Council specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement.
4.2 This Agreement includes terms implied by law, which by law cannot be excluded. Blacktown City Council's liability for any breach of such an implied term will be limited to Blacktown City Council's choice of either supplying the services provided to you again, or the reasonable cost of supplying those services again.
5. Links to other websites
5.1 Blacktown City Council provides links to other websites. In providing these links, Blacktown City Council makes no representations whatsoever regarding those websites or the companies which operate them, or feature on them. It is your sole responsibility to make your own assessment of the information contained on those websites.
5.2 Blacktown City Council will not be liable for any loss or damage of any kind that you may incur either directly or indirectly through using those websites or relying on information found in those websites.
5.3 Material appearing on linked sites may be subject to copyright. Blacktown City Council recommends that you refer to any copyright notices on those sites before making use of any such material.
6. Links to the Site
6.1 You may link to this Site by making a text link only provided that this is not illegal, obscene, offensive, upsetting or defamatory and does not alter the content of the Site in any way.
6.2 You may not use any Blacktown City Council trade marks or logos or any Site content as a banner or icon or in any other manner or reproduce, frame, reformat the files, pages, images or information on this Site on any other website without obtaining the prior written consent of Blacktown City Council.
You indemnify and agree to keep indemnified Blacktown City Council, its employees, representatives and agents against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered or incurred by Blacktown City Council directly or indirectly as a result of any breach of your obligations under this Agreement and against all claims, demands, actions, proceedings, costs, expenses, liabilities (including without limitation legal costs and disbursements on a full indemnity basis) arising or connected in any way with this Agreement.
8.1 Each part of the Site, unless otherwise indicated, is protected by copyright. Blacktown City Council reserves all rights. You may display, download, print and reproduce this material in unaltered form pursuant to the Creative Commons Attribution 3.0 Australia licence and subject to the terms of the Copyright Notice.
The following rights are not affected by the Creative Commons Attribution 3.0 Australia licence granted subject to the terms of the Copyright Notice:
Your fair dealing or fair use rights;
The moral rights of the author/creator of any copyright material; or
The rights of any third parties may have in the copyright material.
8.2 As far as practicable, Blacktown City Council will make reasonable efforts to obtain consent and clearly label any copyright material appearing on this Site.
Where the copyright material shown on this website incorporates any third party copyright or registered or unregistered trademarks, Blacktown City Council recommends that you seek written permission from the relevant third party.
Council staff can assist you in contacting relevant third parties, if required, and can be contacted at email@example.com
9. Trade Marks
All Blacktown City Council trade marks and logos are owned by Blacktown City Council and may not be used, reproduced or altered in any manner except with the prior consent of Blacktown City Council. Any unauthorised use of Blacktown City Council trade marks and logos may constitute registered trade mark infringement.
10. System Integrity
You agree not to interfere with the proper working of the Site. You agree not to do anything that imposes an unreasonable or disproportionately large load on the Site.
11. Your Information
11.1 Your information includes any personal information you provide to Blacktown City Council or other users of the Site and contained on the Site.
11.2 You agree that all information you provide is complete, accurate and current, and that you will take all steps necessary to maintain completeness, accuracy and currency of your information at all times including amending your information as soon as practicable after it changes.
11.3 It is a condition of this Agreement that your information:
does not contain any virus, trojan horse, worm, time bomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system, data or personal information;
is not false or misleading;
does not contravene any law, statute or regulation, including without limitation, consumer protection and sale of goods legislation;
is not defamatory, unlawfully threatening or libellous;
does not infringe any third party's intellectual property rights;
11.4 Blacktown City Council in its sole and absolute discretion, reserves the right to suspend or terminate your use of the Site if your information is not truthful, accurate or current, or if you attempt to transmit any material to the Site which contains any virus, trojan horse, worm, timebomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system data, personal information or other content on this Site.
13.1 The validity, interpretation and performance of this Agreement will be governed by the law of the State of New South Wales and of the Commonwealth of Australia.
13.2 If any provision of this Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.
13.3 Blacktown City Council may give notices by:
posting notices on the Site; or
sending notices by electronic mail (email). Notices sent by email will be sent to the latest email address of which Blacktown City Council has received notice. Blacktown City Council accepts no responsibility for messages not received which are sent to the last known email address.
13.4 It is your responsibility to regularly check the Site for notices and you will be considered to have received a notice immediately it is posted on the Site or sent to your nominated email address.