TERMS AND CONDITIONS OF SERVICE

Welcome to the Cairns Arts and Culture Map. By using this website, you are agreeing to these Terms and Conditions of Service and we ask that you read them carefully.

1. Overview

The Cairns Arts and Culture Map has been developed by Cairns Regional Council to promote locally produced arts and culture within the Cairns local government area. It is designed for two specific and definable target or user groups, these are:

(a) Contributors – those who use the service to promote their individual organisation, business and/or product on the Cairns Arts and Culture Map by registering as a user and creating a listing/s.

(b) Visitors – those who use the service to view the content provided on the website.

The information on this website is for information purposes only. Please note that while every effort has been made to ensure that the information contained on this website is correct and up to date, Council does not guarantee the accuracy, reliability, completeness or suitability of any such information and makes no warranty or representation about the content of this website.

2. Key References

Council – refers to Cairns Regional Council

The Map – refers to the Cairns Arts and Culture Map

Contributor – refers to those who use the service to promote individual organisations, business and/or product on the Cairns Arts and Culture Map by registering as a user and creating a listing/s. Contributors to the website are restricted to those within the arts and cultural sector.

Arts and Cultural Sector – refers to all forms of local creative practice and artistic and cultural expression and activity within the Cairns local government area. This includes, but is not limited to, visual art, music, dance, writing, craft, theatre, media art, multi-arts, design, public art, events, festivals, exhibitions, community cultural development and preservation of knowledge, stories, heritage and collections, and facilities that provide space for arts and cultural activities. The arts and cultural sector consists of individual practitioners, groups and organisations as well as creative businesses and industries.

Visitor – refers to those who use the service to view the content provided on this website. This also pertains to people/organisation/sites that provide links to this website.

Users – refers to both Visitors and Contributors

Website – refers to www.cairnsartsandculturemap.com.au

Cairns Local Government Area: The Cairns local government area covers an area of 1687 km2 along the coast of Queensland. This extends from the Macalister Range (near Ellis Beach) in the north and the Eubenangee Swamp (near Mirriwinni) in the south.

3. Legal Information and Disclaimers

These Terms and Conditions of Service were last updated on February 28, 2018. Please note Council will continue to update and/or modify the Conditions of Service and will post any subsequent versions on this page. Council reserves the right to edit these Terms and Conditions at any time, and all users of the website are held accountable to the latest published version. Therefore, it is the responsibility of all users to use the latest version of this document and its hyperlinked policy pages to ensure that you are aware of your rights and responsibilities.

These Terms and Conditions of Service are governed by the laws in force in Queensland Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or this website. For further information please read Council’s Standard Terms and Conditions.

3.1 Using our Services – Cairns Arts and Culture Map

As either a Contributor to the map or a Visitor to the map looking at  the content it provides, you must follow any policies linked to these Terms and Conditions of Service. See specific hyperlinks throughout this document.

Do not misuse, interfere with, or try to access the service in a method alternative to the interface and instructions that are provided. For information on how to use the Map please refer to the User Guide and FAQs.

3.2 Intellectual Property

Using this service does not give you ownership of any intellectual property rights in our service or the content you access. You may not use content from our service unless you obtain written permission from its owner or are otherwise permitted by law. These terms do not give you rights to use any branding or logos used in the Cairns Arts and Culture Map.

Content which is added to the website by a Contributor is the intellectual property of that Contributor. However, in this event, the owner (Contributor) extends a non-exclusive, non-transferable, perpetual and retractable right towards Council to use and display that content on the Cairns Arts and Culture Map and in related marketing programs for the purpose of promoting the Cairns Arts and Culture Map.

If you believe you intellectual property and/or copyright has been breached, please contact us.

3.3   Liability of our Service

Some of the content displayed on the Cairns Arts and Culture Map is not owned by Cairns Regional Council. This content is the sole responsibility of the entity that makes it available to the public. Council will review content before it is approved and made visible to the public to determine if it complies with Council’s policies. Council retains the right to remove or refuse to display content that Council reasonably believe violates or does not comply with our policies, the law, may be seen as inappropriate or offensive to general community standards, or does not reflect the intent of the Cairns Arts and Culture Map.

Council is not responsible to you for any loss, damage, cost or expense incurred by you as a result of any error, omission, negligence or misrepresentation in relation to this website. You should not place reliance on the information contained in this website where such reliance may result in loss, damage or injury.

Council is not responsible to you for any other websites you may link to from this website. Links to other websites are provided for convenience only and are beyond the control of Council. Those sites may not be current or maintained. Council does not warrant or endorse the information contained on those other websites. Council will not be responsible for any loss, damage, cost or expense incurred by you in accessing or attempting to access those other websites.

Council is not liable to you or anyone else for interference with or damage to your computer systems which occurs in connection with your use of this website or its content. This includes, but is not limited to, the transmission of any computer virus.

Should you send us any information over the internet, Council will take reasonable steps to ensure it is kept secure. However, Council accepts no responsibility for any unauthorised access to that information during its transmission to us.

Any personal information you give us will be dealt with in accordance with Council’s Privacy Statement.

3.4 External Links Disclaimer

Throughout this site you will find links to external websites. Links to external websites are provided for convenience purposes only and Cairns Regional Council accepts no responsibility for the information or opinions contained within external websites.

Although we make every effort to ensure these links are accurate, up to date and relevant, Cairns Regional Council is not responsible for the reliability or content of the website, nor does it endorse the views expressed within the websites or any association with their operators. We are not responsible for updating the websites and we cannot guarantee that the links will work all the time. We do not have any control over the availability of the linked pages.

If you come across any external links that do not work, we would be grateful if you could report them to us using the ‘Report this Listing’ option within ‘More details’ on that particular listing and following the prompts (please see the FAQ page for more details).

You may link to the Cairns Arts and Culture Map website on external sites, however, permission is restricted to making a text link without any alteration of our website’s contents. Links made to the Cairns Arts and Culture Map website should not infer any endorsement or partnership by Council of that site and its services or products, where such an agreement is not applicable.

3.5 For Contributors:

As a Contributor, you agree to the Terms and Conditions of Service listed above and those listed as follows:

(a) Your Cairns Arts and Culture Map Account

You will be required to register as a user under the Login page of the website. Email verification will be sent to you which you must verify in order to use our services correctly. Once this is complete, a user account will be assigned to you consisting of an email address and password which is to be used when you are ready to upload or edit a listing. To protect your account, you are required to keep your username (email address) and password confidential. You are responsible for the activity that happens on or through your Cairns Arts and Culture Map account. If you learn of any unauthorised use of your password or account, please contact us.

(b) Privacy and Copyright Protection

Cairns Regional Council provides information in regard to how we treat your personal data and protect your privacy when you use our services. For more information please read the Cairns Regional Council Privacy Statement.

By using this service (the Map), you agree that Cairns Regional Council can use such data in accordance with our privacy policy.

(c) Your Profile

When you register an account with the Map, a profile will be created for you. This profile consists of the personal information that you registered with. The information on this Profile will not be made visible to the public and can only be accessed by yourself and Cairns Arts and Culture Map Admin staff and authorised contractors and/or service providers for the purpose of being able to contact you in relation to the website and your activity on it. For example, when new features have been added to the website for you to use and be aware of. It is your responsibility to ensure that this information is correct and up to date.

In order to provide an efficient website we may, from time-to-time, send you service announcements, administrative messages and other information.

(d) Listing Details

Listings submitted to this website must be located within the Cairns local government area.

It is your responsibility as a Contributor to ensure that the information contained on your listings is up to date and correct. Information included within the Listing content (aside from Internal Notes) will be made visible to the public once approved.

If you feel that something on this website is incorrect, please send an enquiry through our contact page.

(e) Changes and Removal of our Services

Council are continuously making changes and improvements to the services offered within the Cairns Arts and Culture Map. We reserve the right to add or remove functions/features and/or stop the service completely.

You are free to cease use of this service at any time by deleting your account, but will still be held to the Terms and Conditions listed here (aside from section 3.5) if you do so but continue to use the website as a Visitor. Council also reserves the right to delete your account if you breach these Terms and Conditions of Service and its hyperlinked policy pages. If this occurs, you will be notified using the contact details listed on your profile.

If significant changes are made which may affect the way you use our services, you will be given advanced notice using the contact details provided in your profile to allow you the chance to seek further information.

(f) Business uses of our Services

If you have registered an account on behalf of a business/organisation/collective, then you are deemed to have the authority to act on that entity’s behalf and that business/organisation/collective accepts these Terms and Conditions of Service. It will indemnify Cairns Regional Council from any claim or action arising from or related to the use of the Cairns Arts and Culture Map or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and legal fees.

4. Warranty and Disclaimer

The services available on the Cairns Arts and Culture Map are provided to a reasonable level of skill and care. However, Council do not guarantee or make commitments about the content or specific functions, reliability, availability, or ability to meet your needs, outside of the items outlined in these Terms and Conditions of Service. 

If you do not comply with these Terms and Conditions of Service, and action by Council is not undertaken straight away, Council still reserve the right to take action in the future and does not relinquish any rights.