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Terms of use

These terms are relevant if You are supplying Content.

If you are publishing Content from this Site, before your continued use of this site you should secure and agree to these terms.

 

The Site and your Content

Welcome to the www.ballaratwinterfestival.com.au website or mobile properties, including related applications (collectively, this Site).

We provide an online platform that allows You to tell Us about your event, activity or offering in Winter. This requires you to submit content including text, graphics, video/audio, photographs, images and multimedia (Content). We make this content available for publication by Us.

The term You refers to you being a business that has registered with Us to contribute content on, or publish content from, the Site. The terms You and Yourself pertains to You.

Your submission of Content is collectively known as a Listing or Listings.

 

Eligibility

The Site is intended solely for local event, tourism and business operators, their employees and their authorised representatives that operate in Ballarat and the surrounding area. You must provide a direct service, experience or offering to the community in winter.

 

Who we are – City of Ballarat

The terms We, Us, and Our, refer to the City of Ballarat (ABN 37 601 599 422).

 

These terms and conditions

By using the Site, You agree to comply with and be legally bound by the terms and conditions of these Terms of Use (Terms).

By accepting these Terms, You acknowledge and agree that the terms and conditions set out herein constitute a legally binding agreement between You and Us.

Please also read carefully our Privacy Policy at http://www.ballaratwinterfestival.com.au/privacy. If you do not agree to these Terms, You have no right to obtain information from or otherwise continue using the Site.

 

Changing these terms

We may amend these Terms of Use at any time and for any reason. Your continued access to and use of this website constitutes your acceptance of any amendment to these Terms of Use.

All the terms are subject to (and will be over-ridden by, to the extent of any inconsistency) the terms of any statute that cannot be excluded. Nothing in the terms restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010.

We will note the date that revisions were last made to these Terms at the bottom of this page, and any revisions will take effect upon posting.

Be sure to return to this page periodically to review the most current version of these Terms.

 

Registering an account

To access certain features of this website you will need to register an account and log in using your username and password.

You must maintain the confidentiality of your password and you are responsible for all activities that are conducted through your account.

Your account and your right to use this website are personal to you and you must not authorise others to use your account. You must contact us immediately if you believe someone has gained unauthorised access to your account.

You are solely responsible for providing all equipment, software, and Internet access necessary to use this website.

 

License to Us to list, distribute and modify Content

You license Us and permit Use to list, publish, copy, edit, modify, adapt, use, store and further distribute and transmit (by whatever means) the Content as We think fit, provided We act reasonably in the interests of promoting events, activities and offerings for Ballarat in Winter.

This license is granted by You on a non-exclusive perpetual, worldwide and royalty free basis.

Our rights in relation to the Content include, but are not limited to, the right to:

  1. list, share and use Your Content across the Ballarat Winter Festival web activities (and any other form of media), publications, databases, kiosks and other marketing activities,
  2. distribute Your Content to the tourism, communications and marketing departments at the City of Ballarat.

 

Your conduct, your Content

You warrant that the Content

  1. is true and accurate,
  2. is not fraudulent, false, misleading or deceptive and
  3. is not defamatory, obscene, pornographic, vulgar or offensive.

You agree that You will not submit any Listing with false or misleading price information or submit any Listing with a price that You do not firmly intend to honour.

You must not upload, publish, submit, or transmit any Content that:

  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  3. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  4. promotes illegal or harmful activities or substances.

 

You warrant to Us and agree:

  1. that the Content does not in any way contravene or infringe any third party’s rights (i.e. any person or entity), including without limitation, their intellectual property, privacy, publicity, or contractual rights and

 

Your use of the Site

In connection with Your use of the Site You may not and you agree that You will not:

  1. violate any laws or regulation, or any order of a court, including without limitation, zoning restrictions and tax regulations;
  2. use manual or automated software, devices, scripts, robots, backdoors or other means processes to access, scrape, crawl or spider any web pages or other services contained in the Site or Content;
  3. interfere with or damage Our Site, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attached, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  4. Access or use Our Site to use, expose, or allow to be used or exposed, any of Our Content:
    1. that is not publicly displayed by Us in its search results pages or listing pages;
    2. in any way that is inconsistent with Our Privacy Policy or Terms of Use; or
    3. in any way that otherwise violates the privacy rights or any other rights of Our users.
  5. Use the site, for any commercial or other purposes that are not expressly permitted by these Terms;
  6. Copy, store or otherwise access or use any information contained on the site for purposes not expressly permitted by these Terms;
  7. Use Our site in connection with the distribution of unsolicited commercial email (spam) or advertisements not expressly permitted by these Terms;
  8. Register for more than one Account or register for an Account on behalf of an individual other than Yourself;
  9. Impersonate any persons or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;

 

Your indemnity to us

You agree to indemnify City of Ballarat in respect of any loss or liability incurred by any of Us arising out of any beach of these obligations and warranties.

 

Inform Us of Content changes

You agree to promptly inform and advise Us of any update, amendment or modification required to the Content during the term of this agreement so that the Content is accurate and complete at all times, You shall do this by updating Your Listing on the Site.

 

Additional Content

You agree that the provision of additional Content by You (or any update, modification, or amendment of existing Content) during the terms of this agreement is on the basis of the terms set out in this agreement.

 

City of Ballarat’s right to remove Content

You agree that We are entitled to remove all or any part of the Content immediately and without notice in Our absolute discretion.

Without limiting the above, this right may be exercised if in Our view You have breached any of these terms.

 

Indemnity

You agree to indemnify and hold harmless the City of Ballarat against any claim, liability, proceedings, fines, damages and costs of any kind or nature whatsoever which may be made or accrue against Us as a result of any error or omission in the Content supplied or arising from any listing of the Content. This indemnity continues to operate after termination of this agreement.

 

Termination and removal of Content

You agree that failure by You to comply with these Terms entitles Us, in our sole discretion, to:

  1. Terminate on written notice your agreement with Us pursuant to these Terms, and
  2. Remove or suspend all Content from publications and listings without notice.

 

Compliance with laws

You agree to observe and comply with all laws applicable to Your business. Without limiting the above, You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to Your use of the Site.

 

Privacy

Any personal information collected by us through your use of this website will be handled in accordance with the Privacy and Data Protection Act 2014 and our Privacy Policy.

 

General Terms

If we do not take action in relation to a particular breach of these Terms of Use, this will not be treated as a waiver by us of any right or remedy in respect of any existing or future breach of these terms.

If any provision of these Terms of Use is found to be invalid or unenforceable, the provision will be deemed served from these Terms of Use and the remainder of the terms will continue in full force and effect.

These Terms of Use will be governed and construed in accordance with the law in force in Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts having jurisdiction there.

Although Australian website may be accessed outside of Australia, we make no representation that the content of this website complies with the laws of any other country. If you access this website from outside Australia, you are solely responsibility for ensuring compliance with your local laws.

Terms of Use last updated May 2021