Terms & Conditions
Before using The Kodja Place Site (the ‘Site’) you must carefully read these terms and conditions. By visiting and using the Site, you agree to be bound and abide by these terms and conditions.
In addition to these terms, there may also be additional terms and conditions that govern your use of or access to specific parts or sections of this Site, in which case those specific terms and conditions will apply to your activities at those locations in addition to these terms.
1. Limited Licence
This Site and the materials located on it are provided for personal, non-commercial use only. Visitors to the Site are granted a single copy licence to print or download one copy of any of the information on the Site for personal, non-commercial use only.
- only use this Site and the materials located on it for personal, non-commercial use; and
- view, print or download one copy of any of the information on this Site for your own (non-commercial) use.
You may not:
- make commercial use of this Site or any materials located on it;
- amend, adapt or modify any of the materials on this Site;
- use any of the materials on this Site for public performance;
- publish, sell, rent, copy, distribute, transmit or display any material located on this Site to any other person.
To the extent permitted by law, all materials on this Site and third party sites are provided ‘as is’ without any warranty (whether express, implied statutory or otherwise) of any kind.
The Shire of Kojonup, its councillors, employees, agents and contractors do not warrant that:
- the information, links, text, graphics or any other item contained on this Site or third party sites are accurate, reliable, legal, copyright compliant, complete or up-to-date;
- the Site will operate without interruption or is free from errors or omissions;
- the Site is free of viruses or other harmful components; or
- the Site is suitable for your intended use.
No person should act or fail to act on the basis of the materials found at the Site.
Subject to limits imposed by law, the Shire of Kojonup, its councillors, employees, agents and contractors do not accept liability for any loss (including without limitation, liability for negligence), damage, cost or expense (including, without limitation, loss or damage for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) arising out of or in connection with the use of the Site or any web site with which it is linked including but not limited to:
- any action or failure to act by any person in accessing, downloading, uploading, using or relying on, or inability or use or rely on, or dealing in any way with any materials from the Site or from any other web site on the Internet;
- any errors or omissions on the Site or on any other web site on the Internet (including but not limited to errors or omissions arising as a result of the negligence of the Shire of Kojonup or its councillors, employees, agents or contractors); or
- any delay or interruption in access to or use of the Site or any other web site on the Internet (including, without limitation, delay or interruption arising as a result of the negligence of the Shire of Kojonup or its councillors, employees, agents or contractors).
This web site may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain persons, or the web site may describe activities which are inherently dangerous. The Shire of Kojonup, its councillors, employees, agents and contractors make no representations as to the nature, quality or suitability about any or all of the activities shown on this site and the user agrees that the user shall be responsible for first satisfying himself/herself by independent enquiry or advice as to the suitability of the particular activity.
This web site contains contact details for various businesses and service providers. In placing these contact details on this web site, the Shire of Kojonup, its councillors, employees, agents and contractors make no representation as to the currency or accuracy of such details. Nor does the Shire of Kojonup, its councillors, employees, agents and contractors make any representation as to the nature or quality of the goods or services provided by the listed businesses and service providers, or as to their suitability for the purposes of persons using the contact details.
Any trade mark depicted on this website is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of the Shire of Kojonup, its councillors, employees, agents and contractors of any person, product or service.
The Shire of Kojonup, its councillors, employees, agents and contractors shall have no liability, in negligence or howsoever, for any loss, damage, liability or inconvenience suffered by you or any other person as a result of your or their use of the contact details. Any person proposing to use or rely on any of the contact details should first satisfy themselves of the currency and accuracy of those contact details and any other information displayed on this web site.
To the extent permitted by law, the Shire of Kojonup limits its liability for breach of any implied condition or warranty that it cannot exclude to, at its option:
- resupply of the goods or services;
- repair of the goods; or
- refund of the amount paid by you for that product or service.
These terms and conditions do not modify or exclude any condition or warranty implied or any liability imposed by any Australian law (including the Trade Practices Act 1974) if to do so would contravene the law or make any part of this clause void.
You agree to fully indemnify and hold the Shire of Kojonup harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by the Shire of Kojonup, its councillors, employees, agents and/or contractors arising out of or in connection with a breach of these terms and conditions, use of the Site or infringement of any intellectual property or other right of any person or entity.
4. Copyright and Trademarks
Unless labelled to the contrary, the Shire of Kojonup owns copyright in, or is licensed to use, all works located at the Site. Individual photographers own copyright of their images used in this website. The images cannot be used for any other purpose without the express permission of the relevant photographer.
Except as expressly provided by the limited licence granted above, the materials on this Site, including all information, graphics and text, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the Shire of Kojonup’s express written permission, and the Shire of Kojonup does not grant any express or implied right to you in respect of any of its trade marks, copyright or other proprietary information.
The Shire of Kojonup’s trade marks may only be used with the written permission of the Shire of Kojonup. Other marks and logos mentioned in the Site or linked web sites may be the trade marks of other persons or entities. You must not use, modify, or permit the modification of any of the trade marks in any way.
5. Hotlinks and Framing
The Site may contain hypertext links, frames or other references to other parties and their web sites. The Shire of Kojonup cannot control the contents of those other web sites, and makes no warranty as to the accuracy of any hypertext links provided at the Site, nor the suitability of any content located at those links. Links and frames connecting the Site with other web sites are for convenience only and do not mean that the Shire of Kojonup endorses or approves those other web sites, their content or the people who run or contribute to them. Use or reliance on the content of those web sites is at your own risk.
You may only link to the site with the express written permission of the Shire of Kojonup. Any links, if allowed, must only link directly to the Site’s homepage (and no other pages within the Site) unless otherwise agreed by the Shire of Kojonup in writing.
6. Virus Warning
The Internet and the World Wide Web are unsecured public networks. You acknowledge and agree that (and, to the maximum extent allowable by law, will be responsible for any loss or damage caused by the following):
- information sent to or from this online area may be intercepted, corrupted or modified by third parties; or
- files obtained from or through this online area may contain computer viruses or other defects.
The Shire of Kojonup may at any time, in its sole discretion, amend, change, add to or modify these terms and conditions. It is your responsibility to check for any modifications. Changes will be effective immediately, and subsequent use by you of the Site will constitute your acceptance of these modifications.
The Shire of Kojonup’s failure to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted by the Shire of Kojonup in writing.
If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
These terms and conditions will be construed and enforced in accordance with the laws of Western Australia. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Site, you consent to the exclusive jurisdiction of those courts.