Terms and Conditions

Introduction

The website at rewild.perthnrm.com (“the Site”) is owned by Perth Region NRM Inc ABN 13 565 953 466 operating as ReWild Perth (“ReWild Perth”).

By accessing the Site, you are agreeing to the terms and conditions set out below in paragraphs 1 to 27 (“the Terms and Conditions”). If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

Dated 5 July, 2021.

Location

1. 1. The Site is intended for use within the Greater Perth metropolitan area, being the area shown on the following linked map: ReWild Suburb Boundaries.

Use of Site

1. ReWild Perth, and/or its licensors, own all intellectual property rights (including copyright) in the Site and the material on the Site (“Material”). All these intellectual property rights are reserved.
2. You must not:
   1. copy the layout of the Site;
   2. copy any computer software or code contained in the Site;
   3. reproduce, duplicate or copy the Material in any form;
   4. republish the Material (including republication on another website);
   5. distribute the Material in any material form;
   6. edit or otherwise modify the Material; or
   7. use the Material for a commercial purpose.

Account

4. 4. You are responsible for maintaining the confidentiality of any account and password information you have for the Site. You are also responsible for all conduct carried out under such accounts. ReWild Perth is not liable for any damages, costs or expenses whatsoever arising from the misuse of your account.

Linked Sites

4. The Site may contain links to other sites on the Internet owned and operated by third parties (“Linked Sites”) which are not under the control of ReWild Perth.
5. In relation to Linked Sites, ReWild Perth:
   1. provides the links for convenience only; and
   2. is not responsible for the material contained on the Linked Sites or the consequences of accessing such sites.

Privacy

7. 7. ReWild Perth’s privacy policy is available here “Privacy Policy” and forms part of the Terms and Conditions. You acknowledge and agree to the Privacy Policy when you use the Site.

Your User Content

7. In the Terms and Conditions, “Your User Content” means material (including without limitation text, images and video material) that you submit to the Site, for whatever purpose.
8. You grant ReWild Perth a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, and distribute Your User Content in any existing or future media.
9. You represent and warrant in relation to Your User Content that:
   1. you are authorised to provide Your User Content;
   2. Your User Content is not illegal and does not infringe any third party’s legal rights including intellectual property rights;
   3. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; and
   4. the material and/or information is not the “passing off” of any product or service.
10. ReWild Perth reserves the right to edit or remove any material submitted to the Site, including Your User Content.
11. Notwithstanding ReWild Perth’s rights under the Terms and Conditions in relation to Site user content (including Your User Content), ReWild Perth does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.

12. Disclaimers and Limitations of Liability

13. ReWild Perth is making the Site available for the provision of information without assuming a duty of care to users. ReWild Perth gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained in the Site.
14. To the full extent permitted by law ReWild Perth disclaims any and all warranties, express or implied, regarding:
    1. the accuracy, reliability, timeliness or otherwise of any information (including Material) contained in or referred to in the Site and/or any Linked Sites; and
    2. merchantability or fitness for any particular purpose for any service or product contained or referred to in the Site and/or any Linked Sites.
15. You are responsible for checking with all relevant entities and authorities, including your utility providers, Water Corporation and/or local council, before doing work on your property (including the planting of a tree). ReWild Perth is not liable for any damages, costs or expenses whatsoever arising from your failure to do this.
16. ReWild Perth will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
    1. acting, or failing to act, on any information contained in or referred to in the Site and/or any Linked Sites;
    2. failing to comply with and observe all present and future laws (including statutes, rules, regulations, proclamations, ordinances or by-laws present or future of the State and, where applicable, the Commonwealth) and requirements which relate to you or your property; and
    3. using or acquiring, or your inability to use or acquire, any service or product contained or referred to in the Site and/or any Linked Sites.
17. ReWild Perth does not warrant, guarantee or make any representation that:
    1. the Site, or the server that makes the site available on the Internet, are free of software viruses;
    2. the functions contained in any software contained in the Site will operate uninterrupted or are error-free; or
    3. any errors or defects in the Site will be corrected.
18. ReWild Perth is not liable to you for:
    1. errors or omissions in the Site or any Linked Sites;
    2. delays to, interruptions of or cessation of the services provided in the Site; or
    3. defamatory, offensive or illegal conduct of any user of the Site,

    whether caused by the negligence of ReWild Perth, its employees or independent contractors or by any other cause.

19. ReWild Perth and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind that you incur, arising directly or indirectly, from your use of the Site or the Material.
20. Nothing in the Terms and Conditions is intended to exclude any liability which cannot be excluded by law.

21. Indemnity

22. You indemnify ReWild Perth and undertake to keep ReWild Perth indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by ReWild Perth arising out of any breach by you of, or failure by you to strictly comply with, any provision of the Terms and Conditions.

23. Termination of access to Site

24. ReWild Perth may terminate your access to the Site at any time, without giving any explanation or justification for the termination, including (without limitation) if your property is not located within the area described in paragraph 1 above. ReWild Perth has no liability for any costs, losses or damages of any kind arising as a consequence of your access being terminated.

25. Variation

26. ReWild Perth may amend the Terms and Conditions from time-to-time. The amended terms and conditions will apply to the use of the Site from the date of the publication of the revised Terms and Conditions on the Site. Please check the Site regularly to ensure you are familiar with the current version.

27. Assignment

28. ReWild Perth may transfer, sub-contract or otherwise deal with ReWild Perth’s rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.
29. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions without the consent of ReWild Perth.

30. Severability

31. If any part of the Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.

32. Jurisdiction

33. The Terms and Conditions are governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Terms and Conditions.