DRC&ME Terms & Conditions of Use

Welcome to the DRC&ME portal (“the portal”). By accessing the portal you agree to comply with and be bound by the following terms of use which govern our relationship with you in relation to the portal and any payments made on the portal. If you do not agree to our terms of use, please do not use the portal.

Interpretation

Unless the context otherwise requires:

• the terms 'our’, 'us', 'we' or ‘Council’ refer to Dubbo Regional Council ABN 53 539 070 928
• the terms 'you', ‘your’ or ‘user’ refer to the relevant person or entity who accesses or uses the portal
• the term ‘person’ includes a company, association, partnership, joint venture and trust
• the words ‘includes’ or ‘including’ is not a word of limitation

Use of the Portal

In respect of the portal:

• any information provided to you by us is for your personal use only
• you warrant that you have full capacity and authority to act on behalf of the relevant user, and you agree to only enter current, complete, proper and accurate information on the portal
• we do not provide any representation or warranty as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information found on the portal and to the fullest extent permitted by law:
  • we are not liable to you in respect of such information and your use of such information is entirely at your own risk
  • you cannot rely on any information provided on the portal for the purposes of any property conveyancing transactions – in that respect, you must separately apply for a section 603 certificate in relation to rates and charges levied or outstanding in relation to the property
  • balances provided may not include all applicable interest on overdue rates and charges as this is calculated periodically
• you acknowledge that information provided on the portal may contain inaccuracies or errors
• we do not provide any representation or warranty that the portal or anything available to download from the portal is free from computer viruses, corruption or other damaging or disabling programs
• unauthorised access or use of the portal is prohibited (including hacking)
• you may not create a link to the portal from another website or document without our prior written consent
• we may suspend the operation of part or all of the portal for maintenance or upgrade purposes or for any other reason at any time
• we may add to, remove or amend the content, information or any other aspect of the portal at any time
• we may terminate your access or use at any time
• you must not add to, alter or interfere with the portal in any way including without limitation as to its use, operation, functionality, structure or presentation except for entering information expressly permitted by the functions we make available on the portal and then only in accordance with these terms of use
• anything that you enter on the portal must not contain any computer viruses, corruption or other damaging or disabling programs and must not be defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or something that may cause harm or embarrassment to any person
• you must not use the portal to engage in spamming or attempt to collect or retrieve any information from the portal by any means whether electronic, manual or otherwise (other than that information which we make available publicly)

Payment terms

A payment is not complete on the portal until the funds are received in full by us (without any set-off, withholding or deduction). We reserve the right to recover our reasonable costs and expenses, and reverse and adjust any rates notices or invoices, in the event that a payment is subsequently dishonoured by your bank or financial institution. Fees and charges detailed on this portal may be subject to GST as per Council’s Fees and Charges policy. If GST applies to an amount payable via this portal, then you must pay the GST to us at the same time as the amount to which it relates is payable. Where an amount paid via this portal includes GST, a Tax Invoice/Receipt will be issued. Any payments made by credit card or direct debit are also subject to the terms and conditions of the relevant bank or financial institution.

Limitation of Liability

To the fullest extent permitted by law, under no circumstances (including without limitation as a result of our negligence) will we be liable for any damages, losses or expenses including without limitation any direct, indirect, special, incidental, or consequential damages, losses or expenses or any damages, losses or expenses due to loss of data, income, profits, business or goodwill arising in connection with:

• the portal or access or use thereof or any inability to access or use by you
• any linked sites or access or use thereof or any inability to access or use by you
• any failure of performance, error, omission, interruption, defect, delay in operation or transmission of the portal
• any computer virus or corruption or other damaging or disabling programs being present on or affecting the portal or anything available to download from the portal
• any line or system failure
• any information or materials found or offered on the portal being inaccurate, untimely, unreliable, incomplete or unsuitable
• you entering non-current, incomplete, improper or inaccurate information on the portal when acquiring services or making a payment through the portal even if we or our representatives are advised of the possibility of such damages, losses or expenses

Indemnity

You agree to indemnify us from and against all claims, demands, suits, proceedings, costs, losses, damages, expenses and all other liabilities (including without limitation legal costs on a full indemnity basis) suffered, paid or incurred by us arising from any breach by you of these terms of use.

Amendments

We reserve the right to amend, vary or replace any of our terms of use at any time without notice. As such, it is your responsibility to visit this page every time you access and use the portal in order to check the terms of use applicable at that time.

Governing Law

Our terms of use are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.

Jurisdiction

You agree to submit to the jurisdiction of the courts of New South Wales, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to our terms of use.