Your use of the Planning Enquiry Service and/or the Application Enquiry Service ("the Service") is subject to and conditional upon your acceptance of these Terms of Use which apply to and govern use of the Service and which, together with the Privacy Statement and Disclaimer which appear on the Singleton Council ("Council") website (www.singleton.nsw.gov.au), are collectively referred to as the "Agreement". Your use and continued use of the Service constitutes your acceptance of the Agreement and any variations to it.
1. Content and use of information
1.1 The information provided by the Service may contain inaccuracies or errors. Council makes no warranties or representations regarding the currency, quality, accuracy, merchantability or fitness for purpose of the information provided by the Service, or that the Service is free from any virus or other defect. It is your sole responsibility to make your own assessment of the information provided by the Service.
1.2 Council will not in any circumstances be liable to you for any loss or damage (including without limitation, consequential loss or damage) however caused and whether arising directly or indirectly from your use of the information provided by the Service.
2. Changes to Agreement and Service
2.1 Council may vary the Agreement at any time by posting the varied Agreement on its website at www.singleton.nsw.gov.au ("the Site"). The varied Agreement will take effect immediately after any variation is posted on the Site. The version of the Agreement currently on the Site at any time governs your use of the Service. If you continue to use the Service, your continued use will constitute acceptance of the Agreement and any variations to it.
2.2 Council reserves the right to change any aspect of the Service, including modifying, suspending, replacing or terminating the Service as well as imposing any fee for access to the Service. Council will have no liability to you if the Service is modified, suspended, replaced or terminated. You agree to waive all rights you may have against Council in respect of any such action taken by Council.
3. Limitation of Liability
3.1 You acknowledge that because of the nature of the internet and third party dependencies, Council does not warrant that access to or use of the Service will be continuous or uninterrupted. From time to time the Service may not be available due to upgrades or maintenance.
3.2 Council will not be liable to you for any loss or damage (including without limitation, consequential loss or damage) whether caused by negligence or otherwise suffered by you whether arising directly or indirectly from the operation of the Service including any information available from the Service
3.3 In no event will Council be liable to you or any other person for any remote, indirect, consequential, special or incidental damages, including without limitation:
(a) damage directly or indirectly caused to you, your computer or to your computer files through your use of the Service;
(b) damages resulting from loss of data, loss of profits or business interruption. This limitation will apply even if Council has been advised of the possibility of such damages;
(c) for any error, omission, failure or negligence in carrying out your instructions;
(d) damages resulting from any agreement Council has with any supplier in relation to the Service;
3.4 Without limiting any other provision of the Agreement, you acknowledge that:
(a) the operation of the Service is dependent on a number of factors outside Council's control, including traffic on and technical difficulties with the internet;
(b) the Service is secure within certain technical boundaries; and
(c) disruptions to operation of the Service may occur which are outside the control of Council and which may affect your access to and use of the Service; and agree that, without limitation, all liability you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility.
4. Implied Terms
To the extent permitted by law, Council specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to the Agreement.
5. Indemnity
You indemnify and agree to keep indemnified Council, its employees, representatives and agents against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered or incurred by Council directly or indirectly as a result of any breach of your obligations under the Agreement and against all claims, demands, actions, proceedings, costs, expenses, liabilities (including without limitation legal costs and disbursements on a full indemnity basis) arising or connected in any way with the Agreement.
6. Service Integrity
You agree not to interfere with the proper working of the Service. You agree not to do anything that imposes an unreasonable or disproportionately large load on the Service, or use the Service other than to gain information in relation to which controls within Singleton Local Environmental Plan 1996, Development Control Plans and State Environmental Planning Policies apply to a specific form of development on a specific property.
7. Your Information
7.1 Your information includes any information, including personal information you provide in relation to the Service.
7.2 You agree that all information you provide is complete, accurate and current, and that you will take all steps necessary to maintain completeness, accuracy and currency of your information at all times including amending your information as soon as practicable after it changes.
7.3 It is a condition of the Agreement that your information:
(a) does not contain any virus, trojan horse, worm, time bomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system, data or personal information;
(b) is not false or misleading;
(c) does not contravene any law, statute or regulation, including without limitation, consumer protection and sale of goods legislation;
(d) is not defamatory, unlawfully threatening or libellous;
(e) does not infringe any third party's intellectual property rights;
8. General
8.1 The validity, interpretation and performance of the Agreement will be governed by the law of the State of New South Wales and of the Commonwealth of Australia. that arises in connection with the Agreement.
8.2 If any provision of the Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.
8.3 Council may give notices by:
(a) posting notices on the Site; or
(b) sending notices by email. Notices sent by email will be sent to the latest email address of which Council has received notice. Council accepts no responsibility for messages not received which are sent to the last known email address.
8.4 It is your responsibility to check the Site for notices regularly and you will be considered to have received a notice immediately it is posted on the Site or sent to your nominated email address.