Terms of Use

Last updated: January 29, 2016

The following terms and conditions (“Terms”) govern the use of the Participate Melbourne website (the “Site”). The platform is owned and operated by Harvest Digital Planning Pty Ltd on behalf of the Melbourne City Council (“City of Melbourne”).

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.

Use of Site

You must use the Site in a manner consistent with any and all applicable laws and regulations.

Harvest Digital Planning and its suppliers use reasonable efforts to protect the confidentiality of content you provide in accordance with the Participate Melbourne Privacy Policy. However, we cannot guarantee that we will be able to wholly protect your information from improper purposes by unauthorised third parties. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy, confidential information and property.

You agree and understand that any content posted by you is subject to the rules of our Moderation Policy.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Links to other web sites

The Site may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination of access

We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership, disclaimer, indemnity and limitations of liability provisions.

If you wish to terminate your account, you can cancel your registration by contacting info@harvestdigitalplanning.com.

Content that you have posted on the Site may remain on it, even after you have cancelled your registration. You are not entitled to have the content removed.

You can choose to receive newsletters and other updates from us by email. If you choose this but then change your mind, you can unsubscribe at any time by following the process set out in the emails that we send you.

Upon termination, your right to use the Site will immediately cease.

Governing law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site.

Indemnification

You agree to indemnify and hold Harvest Digital Planning and the City of Melbourne, their subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from, any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms.

Limitation of Liability

You agree that in no event will Harvest Digital Planning or the City of Melbourne, their suppliers or licensors, be liable for the Site and its content, or any claim or demand made by you or a third party resulting out of (i) any content you submit to or transmit through the Site; (ii) the interruption of use or loss or corruption of data; or (iii) your use of, or inability to use, the Site; (iv) unauthorised access or alterations of your data; (v) statements of conduct of any third party on the Site.

Copyright and Intellectual Property

Participate Melbourne contains the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Proprietary Intellectual Property”) of Harvest Digital Planning and its suppliers and licensors. Harvest Digital Planning and its suppliers and licensors own and retain all proprietary rights in the Intellectual Property. For the avoidance of doubt, content posted on the Site by you and other users of the Site (“Content”) is not Proprietary Intellectual Property.

Except for Proprietary Intellectual Property which is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or otherwise use any such Proprietary Intellectual Property and the provision of such Proprietary Intellectual Property to you through the Site does not transfer to you or any third party any rights, title or interest in or to such Proprietary Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein.

You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Site or Proprietary Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way, save and only to the extent any foregoing restriction is prohibited by applicable law; modify the Site or Proprietary Intellectual Property or merge all, or any part, of the Site or Proprietary Intellectual Property or the source code thereof into another program; or remove, modify or alter any of Proprietary Intellectual Property from any part of the Site or the source code thereof.

You agree that any original Content that you produce, contribute or post on to the Site may be made available to the public under a Creative Commons Attribution-ShareAlike 3.0 Australian licence. This licence lets others share your Content, where the end user acknowledges your contribution. The full terms of the licence are available at http://creativecommons.org/licenses/by-sa/3.0/au/legalcode.

We grant you a Creative Commons licence which allows you to copy and adapt Content on the Site placed by others, subject to the terms of the licence. You can view a copy of the licence at http://creativecommons.org/licenses/by-sa/3.0/au/legalcode.

Moral rights consent

To the extent permitted by applicable law, you unconditionally and irrevocably consent, and will obtain all other necessary unconditional and irrevocable written consents from other persons involved in producing any Content (text, images and video), to any act or omission that would otherwise infringe any moral rights in any Content which is transmitted by you onto the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Site after those revisions become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Site.

Contact us

If you have any questions about these Terms, please contact us at info@harvestdigitalplanning.com