Brisbane App and Business Portal - Terms and Conditions

This web application (the App) and the web Portal (the Business Portal) is owned and operated by Brisbane City Council ABN 72 002 765 795 (Council). By using the App and Business Portal, you agree that these terms and conditions apply to you.

In these terms and conditions, 'us', 'we' and 'our' means Council.

  1. Registration requirements
    1. You may choose to register and create an account in the App before using the App. If you choose not to, no personal information is collected by us.
    2. You must register and create an account before you can use the Business Portal.
    3. When you create an account, you must provide us with some of your personal information including your name and email address. You must ensure that the information you provide us is accurate and current.
    4. You are responsible for:
      1. keeping your account information, including your password, secure; and
      2. all use and activity carried out under your account including complying with all relevant laws and these terms and conditions.
         
  2. Use of service – age restriction
    The App and Business Portal is not intended for use by persons who are under the age of 16 years old. In using the App and Business Portal, you warrant that you are 16 years or over.
     
  3.  Responsible use
    1. You must use the Business Portal and/or App in a responsible manner.
    2. You must not use the Business Portal and/or App for any illegal purpose or for any purpose other than the purpose for which it has been developed.
    3. You must not, while using the Business Portal and/or App, do any act that is unlawful or that we consider, acting reasonably, to be inappropriate including but not limited to:
      1. any act that would constitute a breach of the privacy (e.g. uploading private or personal information about a person without that person's consent) or any other legal rights of a person;
      2. uploading or transmitting files on the Business Portal or in the App that contain viruses or other hostile computer programs that may cause damage to or undermine the security of our severs or computing systems; and
      3. infringing any third party’s intellectual property rights.
    4. The Business Portal and/or App is for your personal use only. You warrant that you will not:
      1.  modify, copy, distribute, reproduce, publish, licence, commercially exploit, transfer, or sell any content, software, products, or services contained within or related to the Business Portal and/or App;
      2. prepare derivative works of, or reverse engineer, the Business Portal and/or App;
      3. knowingly or negligently use the Business Portal and/or App in a way that abuses or disrupts our networks, user accounts, the Portal and/or App;
      4. transmit through the Business Portal and/or App any harassing, indecent, obscene, fraudulent, or unlawful material;
      5. market, or resell the Business Portal and/or App to any third party;
      6. use the Business Portal and/or App to send unauthorised advertising, or spam; or
      7. harvest, collect or gather user data without their consent.
    5. You warrant that to the extent that you use the Business Portal and/or App on behalf of another person (e.g. to submit a request on another person’s behalf), that the relevant person has consented to you using the Business Portal and/or App on their behalf and providing their personal information.
    6. You warrant that any information that you provide or upload in the Business Portal and/or App is true and accurate to the best of your knowledge.
    7. You acknowledge that:
      1. the Business Portal and/or App may contain links to websites that are operated by third parties; and
      2. we do not endorse the accuracy of any third-party websites and are not responsible for any third-party websites including any content on those websites.
         
  4. Guides posted using the App and/or the Online Forms
    1. Parts of the App offer an opportunity for users to post opinions and information that we describe as Guides. We filter, edit, publish, or review Guides prior to their presence on the App. Guides do not reflect our views and opinions or those of our agents and/or affiliates. Guides posted on the App reflect the views and opinions of the persons who post their Guides. To the extent permitted by applicable laws, we shall not be liable for the content of any Guides or for any liability, harm, loss, damages or expenses caused and/or suffered as a result of any use and/or posting of and/or appearance or publication of the Guides on the App.
    2. We reserve the right to monitor all Guides and to remove any Guides which may, in our sole discretion, be considered inappropriate, offensive or cause or may cause a breach of these terms and conditions without further notice to you.
    3. You warrant and represent that in relation to any Guides that you intend to post or have posted using the App:
      1. you are entitled to post the Guides and have all necessary licenses and consents to do so; and
      2. the Guides do not breach any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
      3. the Guides do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy; or
      4. the Guides will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
    4. You hereby grant us a non-exclusive license to use, reproduce, edit, and authorise others to use, reproduce and edit any of your Guides in any and all forms, formats, or media.
       
  5. Intellectual property rights
    1. You acknowledge and agree that we own or licence from third parties all of the intellectual property rights (including copyright, designs, patents and trademarks) in the Business Portal and the App and in all of the content (including all text, graphics, logos, audio and software) contained in the Business Portal and App.
    2. We grant you a free, non-exclusive, and non-transferable licence to access and use the Business Portal and App for the purpose of:
      1. registering and displaying your bricks and mortar Brisbane business in the Business Portal and/or App.
      2. locating Brisbane businesses, creating Guides, liking businesses, and sharing content in the App.
        and otherwise in accordance with these terms and conditions.
    3. You do not acquire:
      1. any intellectual property rights in or to the Business Portal or the App, other than the licence to use the Business Portal or the App in accordance with this clause; or
      2. any proprietary or ownership rights in the Business Portal or the App.
         
  6.  Copyright infringement
    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the App, please notify support@brisbaneapp.com.au along with the following details:
    1. identification of the copyrighted work that you claim has been infringed;
    2. identification of the material that is claimed to be infringing and where it is located on the App;
    3. information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address;
    4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or law; and
    5. a statutory declaration that the above information is accurate and that you are the copyright owner or authorised to act on behalf of the owner.
       
  7. Privacy consent
    By using the Business Portal and/or the App, you acknowledge and agree that:
    1. your personal information and other information will be collected and stored by us; and
    2. we may use and disclose the personal information and other information provided by you for the following purposes:
      1. to address any request, you submit through the App;
      2. to notify you of any information related to the App (e.g. outages, updates, or upgrades);
      3. to provide you with updates on the status of your request or to ask for further information regarding any requests submitted through the App;
      4. to help us improve the Business Portal and/or the App and other services we deliver to you;
      5. to notify you of any business deals / specials and / or other content within the App and/or Business Portal and any other marketing or promotional communications that we consider may be of interest to you; and
      6. for any of the purposes set out in our Privacy Policy and Statement;
    3. if you send us any feedback about the Business Portal and/or the App, we may, in our discretion, use, reproduce, publish, modify, adapt and/or transmit your feedback to third parties to help us to improve the Business Portal and/or the App and other services we deliver to you.

      For more information on how your information will be collected, stored and used, please refer to our Privacy Policy and Statement.
       
  8. No liability of Council
    1. We accept no responsibility whatsoever for any problems or technical malfunction of the Business Portal and/or the App, any communication network or for any late or lost requests submitted through the Business Portal and/or App.
    2. We make no representations or warranties as to the:
      1. quality or suitability of the Business Portal and the App; and
      2. the currency, adequacy, accuracy, suitability or completeness of any information or content contained in the Business Portal and the App.
    3. To the extent permitted by law, we are not liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss which includes but is not limited to loss of actual or anticipated profit, loss of goodwill, loss of reputation, loss of opportunity, loss of savings and/or loss of contract) or for any personal injury sustained in connection with your access to or use of the Business Portal and/or the App. This paragraph is not intended to exclude any liability which cannot be excluded under Australian consumer protection laws.
    4. You indemnify and release us against any liabilities, losses, damages, claims, and expenses which may be brought against us, or suffered or incurred by us, arising out of or in connection with:
      1. your access to and use of the Business Portal and/or the App;
      2. your use of the information or content contained in the Business Portal and/or the App; and/or
      3. your breach of these terms and conditions.
    5. We reserve the right to restrict, suspend or terminate your access to:
      1. the Business Portal and/or the App; and
      2. any content or feature in the Business Portal and/or the App,
        at any time without further notice to you and we will not be responsible for any loss, cost, damage, or liability that may arise as a result.
         
  9. App updates or cancellation
    We reserve the right to modify these terms and conditions at any time and to cancel, suspend, or modify the Business Portal and/or the App (including the information, products or services available in the Business Portal and the App) at any time without further notice to you. Any updates to these terms and conditions will be published on our website.
     
  10. General
    1. These terms and conditions are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts operating in Queensland.
    2. If any of these terms and conditions are invalid or unenforceable, they will be severed, and the rest of the terms and conditions will remain in force.
    3. All records will be retained and disposed of in accordance with the Public Records Act 2002 (Qld).
Last updated: 19 July 2021
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