Disclaimer

Legal and disclaimers

About these Terms of Use

Eastern Metropolitan Regional Council (EMRC) owns and operates these websites (the EMRC Websites):

These Terms of Use apply to all three websites. Your use of the information, graphics, text, software and materials (Content) on the EMRC Websites is governed by these Terms of Use. By using an EMRC Website, you agree to be bound by these Terms of Use.

In addition to these Terms of Use, other terms or conditions may apply to your use of specific parts of the EMRC Websites. By using these parts of the EMRC Websites, you also agree to be bound by these additional terms. If there is any inconsistency between these Terms of Use and any specific additional provisions, the specific additional provisions will prevail.

If you use the EMRC Websites on behalf of your employer, a company or other legal entity, you warrant that:
(a) you have full legal authority to bind that entity to these Terms of Use; and
(b) both you and the entity on whose behalf you are entering into these Terms of Use will be bound by these Terms of Use.

If you do not agree with these Terms of Use, you must not use the EMRC Websites.

Your attention is drawn to the section of these Terms of Use headed "Important Disclaimer and Indemnity".

Your privacy

General

Although local government is not covered by the Privacy Act 1988 (Cth), EMRC respects your right to privacy, and endeavours to protect your privacy to a similar standard as that set out in the national privacy principles in Privacy Act 1988 (Cth).

EMRC takes reasonable steps to preserve the security of cookie and personal information. Accordingly, although EMRC strives to protect such information, EMRC cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Information collected

The information that EMRC collects about you depends on how you use the facilities offered by the EMRC Websites.

If you visit an unsecured area of the EMRC Websites (that is, an area where you are not required to log on) to read, browse or download information, our internet service provider automatically records:


We do not attempt to identify you or your browsing activities unless required by law - for example, if a law enforcement agency may exercise a warrant to inspect our service provider's logs.

If you use our website subscription registration process, subsequently update your subscriber details, or use the interactive facilities offered by the EMRC Websites, EMRC will collect and retain the information that you submit to us using those subscriber facilities or other interactive facilities. If you choose not to provide certain personal information, EMRC may not be able to provide you with access to subscriber facilities or other interactive facilities.

We may also collect and retain information that you submit to us when:


The EMRC Websites also contain links to the websites of third party providers of goods and services. If you have accessed a third party's website through the EMRC Websites and if the third parties collect information about you, EMRC may also collect or have access to that information as part of our arrangements with those third parties.

Linked third party websites should contain their own privacy statements, and those third parties are responsible for their own privacy practices.

Use and Disclosure of Information

We will only use or disclose personal information in accordance with these Terms of Use, or in accordance with specific additional provisions relating to privacy which apply to certain areas of the EMRC Websites.

We may use your personal information to: verify your identity; assist you to use our services; provide the services you require; administer and manage those services; offer new services to you; and maintain our relationship with you.

We may disclose under confidentiality agreements some aspects of your personal information to other organisations. These organisations may carry out our customer enquiries; mailing operations; billing functions; information technology services; marketing services; and website usage analysis.

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law, courts, government agencies, law enforcement bodies, and other regulatory bodies.

We will not sell or disclose your personal information to spammers or direct marketing operators.

Security

Transmission of information through the Internet is inherently risky. EMRC cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

The Internet is an unsecured public network. By using the EMRC Websites, you acknowledge and agree that the following may occur, and that you will be responsible for their consequences:


For payment transactions using the EMRC Websites, EMRC uses Web Advantage (an online payment gateway owned and operated by the Westpac Group), and credit card transactions are automatically processed. EMRC deletes credit card details upon completion of an order to ensure credit card details are retained for the shortest time possible. If you do not wish to use your credit card online, EMRC will accept payment by cheque (conditions apply).

Cookies

The EMRC Websites may use 'cookies'. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our web sites may place on your computer. Usually, cookies are used as a means for the EMRC Websites to remember your preferences. As such, cookies are designed to improve your experience of the EMRC Websites.

In some cases, cookies may collect and store personal information about you. EMRC extends the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved website experience that cookies offer.

Accuracy of your information

EMRC takes all reasonable precautions to ensure that the personal information it collects, uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That's why EMRC recommends that you:

If you are a registered user of one of the EMRC's facilities, you may change your personal details by using the relevant facility on the EMRC Websites. Otherwise, to update your personal information, please email EMRC at mail@emrc.org.au.
Accessing your personal information

If you would like to access your personal information, please:

to request access. EMRC will ask you to verify your identity and specify what information you require.

Links to other websites

The EMRC Websites contain many links to third party websites. These websites are not under EMRC's control.

We do not sponsor or endorse the operators or content of any linked websites. By linking to a third party website, we are not accepting responsibility for the content of that website, your use of the website, or the actions or policies of the owners or operators of that website.

Subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

Information available on the EMRC Websites

General

The EMRC Websites provides general information about


All information on the EMRC Websites are provided on an "as is" basis, and is of a general nature only.

EMRC does not warrant the accuracy, correctness or completeness of any of the information or services provided on the EMRC Websites. EMRC does not warrant or represent that the information provided is appropriate for your specific needs or circumstances.

Information received from third parties

The EMRC Websites contain information that has been provided to EMRC by third parties, and is displayed on the EMRC Websites for your information.

For example, the Perth Tourism website contains information about events that are or will be held in Perth's Eastern Region. This information has been provided to EMRC by the organisers of those events.

EMRC endeavours to maintain accurate and correct information. However, EMRC gives no warranty, and accepts no responsibility as to, the accuracy or completeness of the information. Please contact the third parties directly to confirm the accuracy and currency of information.

Information about trails and other activities

The EMRC Websites (and especially the Perth Tourism website) contain information about trails and other activities which are inherently dangerous or which, by reason of their exertion, or the degree of physical fitness required, may be unsuitable or dangerous for some people.

EMRC makes no representation as to the nature, quality or suitability of any of the activities shown on the EMRC Websites, and you are responsible for satisfying yourself, through obtaining independent advice, as to the suitability of any particular activity.

EMRC has not inspected or assessed any of the trails referred to on the EMRC Websites, and does not do so on any ongoing basis and is therefore not aware of any hazards on and around the trails, the condition of the trails, or the standard and level of difficulty of the trails.

You should make your own independent enquiries and satisfy yourself about the condition of the trails and their suitability for your own circumstances.

You should seek independent medical advice about the suitability of the trails for your own level of ability.

Our products, services and education programs

The EMRC Websites provide information about products and services available for purchase from EMRC, including descriptions and prices of those products. EMRC does not warrant the availability of products and services described on the EMRC Websites, and EMRC may change the products described on the website without notice to you.

All prices displayed on EMRC websites for products and services available from EMRC are subject to change without notice to you.

The EMRC Websites also contain information about courses provided by EMRC (including risk management courses, and waste management education programs). Course information may change, and it is your responsibility to check with EMRC for updated dates and times.

Information about third parties

The EMRC Websites also provide contact details for, and information about products and services available from, other businesses and service providers.

Providing details of other businesses or service providers, or about their products and services, does not constitute an endorsement or recommendation of those business, service providers, products or services.

In providing this information, EMRC makes no warranty or representation as to:


Information provided about other businesses and service providers, or about their products and services, is subject to change without notice. You should contact those businesses and service providers directly to confirm prices, service availability and other details.

Availability of the EMRC Websites

As electronic services are subject to interruption or breakdown, EMRC makes no representation or warranty that your access to the EMRC Websites will be timely, secure or uninterrupted. Access to the EMRC Websites is offered on an "as is" and "as available" basis. We may withdraw the EMRC Websites at any time and without notice to you.

Warranties

All Content is provided on an "as is" basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that the EMRC Websites or any linked websites will be free from viruses or defects.

Important Disclaimer and Indemnity

Disclaimer

Subject to any responsibilities implied by law and which cannot be excluded, EMRC and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the EMRC Websites, to any material on linked websites, or to your access or use of the EMRC Websites, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

Without limiting the preceding two paragraphs in any way, EMRC is not liable to you (whether under the law of contract, the law of torts or otherwise) in relation to:


Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

Indemnity

You indemnify EMRC in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use or your use of the EMRC Websites.

Intellectual Property Rights

Except as otherwise provided for in these Terms of Use, all Intellectual Property rights in the EMRC Websites and the Content (including but not limited to all rights in respect of any trade marks and copyright material) is vested in EMRC. You receive only a licence to use the EMRC Websites in accordance with these Terms of Use.

Except:


no Content on the EMRC Websites may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, stored, distributed or transmitted in any form by any process without our prior written consent.

Your obligations in this clause will remain in full force and effect even if your access to the EMRC Websites is suspended or terminated.

Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of the EMRC Websites indicates your acceptance of these Terms of Use.

We may at any time vary the Terms of Use by publishing the varied Terms of Use on the EMRC Websites. You accept that by doing this, we have provided you with sufficient notice of the variation.

General

The law applicable to the EMRC Websites and to disputes arising from or in connection with the EMRC Websites is the law of the State of Western Australia, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia.

If any provision of these Terms of Use is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
You may not rely on the words or conduct of EMRC as a waiver of any right unless the waiver is in writing and signed by EMRC.

These Terms of Use and any other terms of use expressly referred to herein contain the entire agreement between you and EMRC regarding your use of the EMRC Websites and supersede any prior agreements between you and EMRC concerning its subject matter.

Definitions

The meanings of the terms used in these Terms of Use are set out below:

Content is defined in the first section of these Terms of Use.

EMRC, our, us or we means the Eastern Metropolitan Regional Council.

EMRC Websites is defined in the first section of these Terms of Use.

Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the EMRC Websites.

Terms of Use means these Website Terms of Use.

you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities' officers, employees, members and agents.

Perth's Eastern Region means the jurisdiction within EMRC's six member Councils - Town of Bassendean, City of Bayswater, City of Belmont, City of Kalamunda, Shire of Mundaring and City of Swan.