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1. Conditions of Site Use

By entering or using the website of Marrickville Council (“we” or “us” as the case may be) located at http://www.cadigalwangal.com.au (“Site”), you acknowledge and agree to be bound by these Conditions of Site Use (“Terms and Conditions”). Unless stated otherwise, the Terms and Conditions apply to each page of this Site.

2. Our Responsibility

This Site is published for information purposes only. We have made best efforts to base the information on correct and unbiased research, and conduct such research in accordance with traditional owner protocol and recognition. However, despite our best efforts, research and detailed analysis, Marrickville Council makes no statements, representations, or warranties about the accuracy or completeness of the information provided in this Site, and you should not rely on any such information.
Furthermore, much of the information presented on this Site relates to history. History can, and is, viewed from many perspectives and comes in diverse forms. The study of history can raise issues, which are confronting to a society and is not without bias. Contemporary accounts of events bring with them the attitudes and philosophies of the time in which they are written. Accepted truths in one generation are issues for debate and, at times, regret in another generation.

In any event, the opinions presented on this Site do not necessarily reflect the opinions of Marrickville Council, and are not to be taken as being endorsed by us in any way.

Where Aboriginal people of Marrickville are quoted on the site, it is with their express permission.

To the best of our efforts all documents, downloads, links, audio and video files are free from computer viruses or other contamination. However, we will not be held responsible or liable (including without limitation, liable in negligence) for any expenses, losses, damages and costs you might incur as a result of accessing this Site or as a result of the information on this Site being inaccurate or incomplete in any way, and for any reason.

All content provided on this Site or in response to your queries via the Site, is provided to you “as is”, without any warranties, either express or implied, including but not limited to any warranty as to its fitness for any particular purpose or quality. Any warranties regarding such content which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law.

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3. Limitation of liability

You agree that you use this Site at your sole risk. You agree that any content and/or data downloaded by you is done so entirely at your own risk and you will be solely responsible for the consequences of downloading any such content.

To the extent permitted by law, we will not accept any liability either in contract, tort (including negligence) or otherwise for any direct, indirect, special, incidental or consequential loss whatsoever resulting from your use or inability to use this Site however caused, even if we have been advised of the possibility of such damage. So far as permitted by law, we shall not be responsible to any user of this Site or third party for any claims, damages, costs, losses, expenses or liabilities whatsoever, arising out of or in connection with the use of this Site or the information on this Site.

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4. Links

This Site may provide links to other internet sites. As we have no control over such sites, you acknowledge that we are not responsible for the content and availability of such sites.

You link to such sites at your sole risk. We assume no liability for damages, costs, losses, expenses or liabilities whatsoever, arising out of or in connection with the use of other internet sites.

5. Intellectual Property Rights

You acknowledge and agree that the content and all other aspects of this Site, including its page design, format, look and feel, structure, methods of operation, algorithm, user interfaces, configuration and any text, sound, software, graphics, photographs, video, information or images of people or places forming part of this Site are protected by copyright and other intellectual property rights, which are owned by or licensed to Marrickville Council. (“Council Rights”)

You may copy, reproduce or distribute the content on this Site for educational purposes subject to you acknowledging us as the owner of the copyright in relation to all material copied, reproduced or distributed. You may not alter or modify any material on this Site without our prior written approval.

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6. Information submitted by You

If you submit information, including any ideas and feedback in relation to this Site, you will be deemed to have granted to us a royalty free, perpetual, worldwide licence to copy, modify and publish such information via this Site or on any other website and in any other medium and you also consent to us providing that information to any third party for such purposes. Please refer to our Privacy Policy [insert link to Privacy Policy].

7. Indemnity by You

You agree to indemnify us against any losses, claims, costs, damages (including legal or expert’s fees) or other liabilities which we incur as a result, directly or indirectly, of any unlawful use or misuse of this Site or breach of these Terms and Conditions by you or for which you are responsible, including, without limitation, those arising from posting or transmission of statements, messages or content which infringe intellectual property rights of third parties, or which, by their number or unwelcome nature interfere with the operation of this Site or cause offence to other users or which are obscene, pornographic, racist, threatening, defamatory, libellous, unlawful, offensive or other content which could constitute or encourage conduct that would give rise to civil liability or be considered a criminal offence, or otherwise violate any law or regulation.

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8. Revision of Terms and Conditions and information generally

We reserve the right at any time, for any reason, without notice or obligation to make any changes to any of the information contained on this Site and to enhance, modify, alter, suspend or permanently discontinue all or any part of the Site and to restrict or prohibit access to it.

We reserve the right to revise the Terms and Conditions at any time for any reason, without notice or obligation to you.

By entering and using this Site, you acknowledge and agree that you will be bound by such revisions. Please visit this page of the Site regularly to check for updates to the Terms and Conditions.

9. Termination

We reserve the right to terminate the Terms and Conditions and/or your access to this Site at any time and for any reason and without further obligation to you.

10. General

If any one or more of the Terms and Conditions is judged to be illegal or unenforceable, the rest of the Terms and Conditions will continue to apply. Any delay by us in enforcing our rights under the Terms and Conditions will not prejudice our rights and no waiver of any such rights will be deemed to be a waiver of any other right or of any later breach.

11. Governing law

The Terms and Conditions will be governed by the laws applicable in New South Wales, Australia.

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