PO Box 1000, Narre Warren 3805
Phone: 03 9705 5200
Email: caseyconnect@casey.vic.gov.au

Terms and Conditions - About Casey Connect

Terms and Conditions

Terms and Conditions - About Casey Connect

By clicking on the check box for "I accept the terms and conditions for using Casey Connect" on the Casey Connect registration page You agree to be bound by the following terms which apply to the supply by City of Casey (“Casey”) of the “Casey Connect” Service (as defined in clause 2 below) to You.

1. Acceptance of Terms

Welcome to the City of Casey community web portal, “Casey Connect”.

These terms and conditions constitute a legally binding agreement between You and Casey which govern the supply of the “Casey Connect’ Service (as defined in clause 2 below).

2. Description of Service

Casey provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalised content and branded programming through its network of properties under the name “Casey Connect” (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You are responsible for obtaining access to the Service, including payment of all costs and fees and the supply of all necessary equipment, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees.

3. Your Registration Obligations

In consideration of Your use of the Service, You agree to:

3.1

provide true, accurate, current and complete information about yourself / your organisation as prompted by the Service's registration form (such information being the "Registration Data"); and

3.2

maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

4. Privacy Policy

To the extent Registration Data and certain other information about you is “personal information” under the Information Privacy Act 2000 (Vic), Casey’s collection, use and disclosure is subject to Casey Connect’s Privacy Policy. For more information, see Casey Connect’s full privacy policy.

5. Member Account, Password and Security

5.1

You agree that Casey is authorised to act on all instructions received when Your password is used in conjunction with Your User ID.

5.2

You agree not to give or make Your password available to any person who is not directed or authorised by You to use the Service.

5.3

You are responsible at all times for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to:

 

(a)

immediately notify Casey of any unauthorised use of your password or account or any other breach of security.

 

(b)

ensure that you exit from your account at the end of each session.

5.4

Casey is not liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct

6.1

Casey acknowledges that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, remain Your property or the property of their respective copyright owners.
 

6.2

You acknowledge Your responsibility for all Content You upload, post, email, transmit or otherwise make available online via the Service.

6.3

You agree to comply with all applicable laws when using the Service and without limiting this obligation, you must not:

 

(a)

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that may harm minors in any way;

 

(b)

impersonate any person or entity, including, but not limited to, a Casey official, group administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

 

(c)

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary (trust) relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

(d)

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

 

(e)

upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters", "pyramid schemes," or any other form of solicitation;

 

(f)

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

 

(g)

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

6.4

You acknowledge that Casey may or may not pre-screen Content, but that Casey and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Casey and its designees have the right to remove any Content that violates the TOS or is otherwise objectionable.

7. Intellectual Property Rights

7.1

For the purpose of this Agreement, “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

7.2

You acknowledge that title and all Intellectual Property Rights in the Service remain vested in Casey.

7.3

You agree that Casey will own all Intellectual Property Rights in any suggestions, ideas, enhancement requests, feedback, recommendation or other information relating to the Service that You provide to Casey.

7.4

You grant to Casey a perpetual, non-exclusive, royalty-free, transferable licence of all Intellectual Property Rights subsisting in Content You post or make available online via the Service for the purpose of operating the Service.

7.5

Subject to clause 9, Casey grants to You a revocable, non-exclusive, royalty-free, transferable licence of all Intellectual Property Rights in the Service (including, without limitation, website templates) for the purpose of accessing and using the Service.

8. Indemnity

You agree to indemnify and hold Casey, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content You submit, post, transmit or make available through the Service (including any breach of any third party’s Intellectual Property Rights), Your use of the Service, Your connection to the Service, Your violation of these TOS, or Your violation of any rights of another as a result of Your use of or connection to the Service.

9. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. Modifications to Service

Casey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Casey shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that Casey may, under certain circumstances and without prior notice, immediately terminate your account, and access to the Service. Cause for such termination shall include, but not be limited to:

(a) breaches or violations of these TOS (including, but not limited to, the provision of inaccurate, misleading or false information Registration Data);

(b) requests by law enforcement or other government agencies,

(c) a request by You (self-initiated account deletions),

(d) discontinuance or material modification to the Service (or any part thereof),

(e) unexpected technical or security issues or problems, and

(f) periods of inactivity in excess of 60 days.

11. Dealings with Advertisers

11.1

You acknowledge that Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser.

11.2

You agree that Casey shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

11.3

You acknowledge that Casey reserves the right in its absolute discretion to remove any Content that advertises or promotes any products or services that are inappropriate or otherwise objectionable in the circumstances and You further acknowledge that Casey is not liable for any loss or damage sustained or incurred as a result of such removal.

12. Links

12.1

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.

12.2

Because Casey has no control over such sites and resources, You acknowledge and agree that Casey is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

12.3

You further acknowledge and agree that Casey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.


13. Disclaimer of Warranties

13.1

You acknowledge and agree that the Service is provided on an “as is” basis and your use of the Service is at Your sole risk.

13.2

You acknowledge that Casey makes no warranty that:

 

(a)

the Service will meet Your requirements or expectations;

 

(b)

the Service will be uninterrupted, timely, secure or error-free;

 

(c)

the results that may be obtained from Your use of the Service will be accurate or reliable;

 

(d)

the accuracy, integrity or quality of any Content uploaded by any person to the Service;

 

(e)

errors or defects with the Service will be able to be corrected;

 

(f)

the Service will operate with any other hardware, software, system or data; and

 

(g)

the quality of any products, services, information or material purchased or obtained by You through the Service will meet Your requirements or expectations;

13.3

Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

14. Limitation of Liability

14.1

Subject to clause 14.2, You expressly understand and agree that, to the fullest extent permitted by law, Casey disclaims all conditions and warranties, express or implied in respect of the provision of the Service to You and Your use of the Service and that Casey shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Casey has been advised of the possibility of such damages), resulting from:

 

(a)

the use or the inability to use the Service;

 

(b)

the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the Service;

 

(c)

unauthorised access to or alteration of your transmissions or data;

 

(d)

statements or conduct of any third party on the Service; or

 

(e)

any other matter relating to the Service.

14.2

Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Agreement provided that the liability of Casey for any breach of such condition or warranty will be limited, at the option of Casey, to:

 

(a)

the supply of the Service again;

 

(b)

payment of the cost of having the Service supplied again; or

 

(c)

where the legislation does not permit Casey’s liability to be limited to the supply of the Service again or payment of the cost of having the Service supplied again - the maximum extent permitted by law.

15. Access and Disclosure of Account Information and Content

You acknowledge and agree that Casey may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

15.1

comply with any legal process;

15.2

enforce this Agreement;

15.3

respond to any claim that Your content violates any rights (including Intellectual Property Rights) of any third party;

15.4

respond to Your request for customer service in connection with the Service; or

15.5

protect the rights, property or personal safety of Casey and the public.

16. Entire Agreement

This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

 

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