The Shire of Mt Marshall is committed to the accessibility and exchange of information and the processes of public consultation and debate. The challenge for Western Australia, and all Local Governments, is to ensure that we keep pace with the changes and ensure that all people have access to the benefits being presented by the Internet. The message is: the Internet is for everyone. This web site (the 'Site') and any linked web sites are presented to you in the context of this approach.
Before using the Site you must carefully read these terms and conditions. By visiting and using the Shire of Mt Marshall Site, you agree to be bound and abide by these terms and conditions.
In addition to these terms, there may also be additional terms and conditions that govern your use of or access to specific parts or sections of this Site, in which case those specific terms and conditions will apply to your activities at those locations in addition to these terms.
This Site and the materials located on it are provided for personal, non-commercial use only. Visitors to the Site are granted a single copy licence to print or download one copy of any of the information on the Site for personal, non-commercial use only.
You may not:
To the extent permitted by law, all materials on this Site and third party sites are provided 'as is' without any warranty (whether express, implied statutory or otherwise) of any kind.
The Shire of Mt Marshall, its councillors, employees, agents and contractors do not warrant that:
No person should act or fail to act on the basis of the materials found at the Site.
Subject to limits imposed by law, the Shire of Mt Marshall, councillors, employees, agents and contractors do not accept liability for any loss (including without limitation, liability for negligence), damage, cost or expense (including, without limitation, loss or damage for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) arising out of or in connection with the use of the Site or any web site with which it is linked including but not limited to:
To the extent permitted by law, the Shire of Mt Marshall limits its liability for breach of any implied condition or warranty that it cannot exclude to, at its option:
These terms and conditions do not modify or exclude any condition or warranty implied or any liability imposed by any Australian law (including the Trade Practices Act 1974) if to do so would contravene the law or make any part of this clause void.
You agree to fully indemnify and hold the Shire of Mt Marshall harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by the Shire of Mt Marshall, councillors, employees, agents and/or contractors arising out of or in connection with a breach of these terms and conditions, use of the Site or infringement of any intellectual property or other right of any person or entity.
Unless labelled to the contrary, the Shire of Mt Marshall owns copyright in, or is licensed to use, all works located at the Site.
Except as expressly provided by the limited licence granted above, the materials on this Site, including all information, graphics and text, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the Shire of Mt Marshall's express written permission, and the Shire of Mt Marshall does not grant any express or implied right to you in respect of any of its trade marks, copyright or other proprietary information.
The Shire of Mt Marshall's trade marks may only be used with the written permission of the Shire of Mt Marshall. Other marks and logos mentioned in the Site or linked web sites may be the trade marks of other persons or entities. You must not use, modify, or permit the modification of any of the trade marks in any way.
The Site may contain hypertext links, frames or other references to other parties and their web sites. The Shire of Mt Marshall cannot control the contents of those other web sites, and makes no warranty as to the accuracy of any hypertext links provided at the Site, nor the suitability of any content located at those links. Links and frames connecting the Site with other web sites are for convenience only and do not mean that the Shire of Mt Marshall endorses or approves those other web sites, their content or the people who run or contribute to them. Use or reliance on the content of those web sites is at your own risk.
You may only link to the site with the express written permission of the Shire of Mt Marshall. Any links, if allowed, must only link directly to the Site's homepage (and no other pages within the Site) unless otherwise agreed by the Shire of Mt Marshall in writing.
The Internet and the World Wide Web are unsecured public networks. You acknowledge and agree that (and, to the maximum extent allowable by law, will be responsible for any loss or damage caused by the following):
The Shire of Mt Marshall may at any time, in its sole discretion, amend, change, add to or modify these terms and conditions. It is your responsibility to check for any modifications. Changes will be effective immediately, and subsequent use by you of the Site will constitute your acceptance of these modifications.
The Shire of Mt Marshall's failure to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted by the Shire of Mt Marshall in writing.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
These terms and conditions will be construed and enforced in accordance with the laws of Western Australia. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Site, you consent to the exclusive jurisdiction of those courts.
Copyright © 2002 Shire of Mt Marshall. All rights reserved.