Terms & Conditions

The website Hello Bondi (hellobondi.com.au) (the “Site“) is operated by Waverley Council ABN 12 502 583 608 referred to in this document as “Waverley Council” or “we” or “us”. By using the Site, you agree to these Terms & Conditions.

1. Privacy Policy

Our Privacy Policy explains: What information we collect, why we collect it and how we use that information.

Our collection, use and disclosure of your personal information is regulated by the Privacy and Personal Information Protection Act 1998 (NSW) (the Act), the Privacy Code of Practice for Local Government (2000) (the Code) and associated legislation (Privacy Legislation), as amended from time to time. You can find more information about your privacy rights at the Information and Privacy Commissioner’s web site, http://www.ipc.nsw.gov.au/privacy (external link).

1.1 What information we collect

We collect personal information about you from your visit to the Site to help improve user experience. We only collect information that you provide us, or that we collect from third parties in accordance with the Privacy Legislation.

Waverley Council will not sell or share any personal information requested within our Site with any other organisations unless we clearly tell you before providing the information (including in these Terms & Conditions), or we obtain your consent after you give us your information, or we are otherwise permitted to do so by the Privacy Legislation.

We may ask to collect the following information from you when you use our contact forms:

  • your e-mail address, Media Access Control (MAC) address and/or other personal contact details;
  • your location;
  • the internet sites and services you have visited and the frequency of those visits;
  • data about your usage of the Site; and
  • data about how and for what purpose you access the Site.

Waverley Council may collect personal information about you in a range of ways, including:

  • from our records of your use of the Site;
  • if you provide it directly to us, for example, by sending it to our Site, or by you providing it to us by telephone if you call us;
  • from third party providers; and
  • from publicly available sources.

We also collect cookie and usage data from your use of the Site.

1.2 Why we collect it

Waverley Council collects personal information about you in order to improve the user experience of the Site for you, including:

  • for advertising, direct marketing and associated interactive functionality that we consider may be of interest to you;
  • fulfilling administrative functions associated with the Site, including functions that help us improve the Site; and
  • customer relationship purposes.

The Site does use third party tracking and cookies to record data to generate statistics and reports about the Site to make the Site more useful to visitors.

1.3 How we use that information

The data owner for the information we collect is Waverley Council. Your personal information that we collect will be held by us through Amazon Web Services. Your personal information will be used to deliver services and to meet our lawful and proper responsibilities. Your information may be passed between employees of Waverley Council as required in the normal course of their duties and in accordance with the Privacy Legislation.

Waverley Council may also disclose personal information in circumstances where we are authorised or required to do so by law, and in circumstances where we consider it appropriate to do so in order to ensure that laws are complied with.

Waverley Council reserves the right to make disclosures of personal information to relevant authorities where the use of the Site raises a suspicion that an offence is being, or has been, committed.

1.4 What if I do not agree to provide my personal information?

If you do not provide the information that we request, we may refuse to give you access to the Site.

1.5 Who do I contact for more information?

Waverley Council may be contacted in relation to privacy policy issues related to the Site by email at tourism@waverley.nsw.gov.au or addressed to:

Waverley Council
PO Box 9
Bondi Junction NSW 1355

At your request, we will provide you with access to your personal information that we hold, without undue delay or expense. At your request, we will also make appropriate amendments to the personal information about you that we hold to ensure it is accurate, relevant, up to date, complete and not misleading. If we are not prepared to amend your information, we will (if you request it) take such steps as are reasonable to attach a statement of the amendment sought by you to the
information.

2. Links

We may provide links to third parties’ websites or otherwise divert your device to third party websites from time to time (“Linked Sites“). Unless otherwise noted on the Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. Waverley Council does not necessarily endorse or support the views, opinions, standards or information expressed at the Linked Sites. Similarly, you should not interpret the absence of a link from our Site to any particular third-party site as a criticism or comment by the Council on the provider or content of that third-party site.

You acknowledge and agree that we are not responsible for the content, availability, advertising, products or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.

Linked Sites may be subject to their own terms and conditions of use. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.

Goods or services available for purchase on the Linked Sites, such as tours, hotel bookings and shopping are provided by third party suppliers and comprise a contract between the user and the supplier alone, and not with Waverley Council. Although Waverley Council uses its reasonable endeavours to ensure reputable suppliers are included on the Site, it accepts no liability arising from supplies by such suppliers. The user is responsible for reviewing and accepting the terms and conditions of each supplier before making a booking. Because the contract is made between the user and the supplier, any questions or complaints should be made to the supplier direct. To cancel or amend a booking, you must also contact the supplier direct.

3. Editorial policy

3.1 Brand Story
Our brand story of Hello Bondi – the Official Guide – is focused on Bondi and the surrounding areas as the ‘Playground of the Pacific’. The framework for our editorial line always supports this brand story.

Bondi and its surrounds has a lot to offer, and we do not cover everything in the area. We believe it would make it harder and more confusing for a visitor. Thus what you will find on this Site is a selection of what we believe to be the very best, and sometimes coolest or funniest stories, activities and events.

The Site focuses on Bondi and the surrounding areas and beaches and leaves the rest of Sydney to Destination NSW (external link).

We do our best to ensure all information is accurate. If you find inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable. We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. The Site contains a large amount of data and there will inevitably be errors, particularly around any events as dates and times change and cancellations occur. You are advised to check directly with the organisers of the event concerned before making any arrangements.

3.2 Advertisements
We do have non-editorial content on our Site such as advertisements, including from third parties, which will be clearly marked as such.

3.3 Copyright
Copyright exists in the material on this Site. You may download, display, print and reproduce material in which we hold copyright from this Site in an unaltered form only for your personal, non-commercial use or use within your organisation. For the avoidance of doubt, this does not apply to third party content. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

Requests and inquiries concerning reproduction and rights should be addressed to:

Waverley Council
Bondi Road and Paul Street
Waverley NSW 2022
Email tourism@waverley.nsw.gov.au

Please note that the copyright in the materials appearing at Linked Sites vest in the author of those materials, or the author’s licensee (subject to the operation of the Copyright Act 1968). We recommend that you refer to the copyright statements on those Linked Sites before making use of the materials.

4. Other Terms

If you use the publicly available unified network of wireless hotspots known as ‘Waverley Council Free Wi-Fi’ provided by us as a means of accessing the Site, you agree to the Waverley Council Wi-Fi Service Privacy Policy (external link) and the Waverley Council Wi-Fi Terms of Use (external link).

5. Your obligations

You must only use the Site in a reasonable manner, consistent with ordinary community standards of behaviour and decency. Under no circumstances may the Site be used for any illegal purpose, or in a manner likely to cause offence to a reasonable person. You must not use the Site for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Site that:

  • would cause you or us to be in breach of any law, code or regulation or rights of a third party;
  • could cause us to incur a liability to any third party;
  • violate the privacy or confidentiality of any person;
  • involve compromising the security of any computer system or data storage system or software;
  • contain, provide or create computer viruses or otherwise deliberately corrupt systems, facilities or data; and/or
  • alter, modify or reverse engineer the Site in any way.

We may immediately suspend or terminate your access to the Site if you breach these terms, or we suspect on reasonable grounds that you have used the Site for any unacceptable purpose or in any unacceptable manner.

6. Warranties, liability and indemnity

You acknowledge that the Site is not intended to be, and should not be relied upon as, the ultimate and complete source of information on any particular topic.

Other than warranties, conditions, guarantees or liabilities implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded by law or which would cause part or all of these Terms & Conditions to be void (“Non-excludable Liabilities“), Waverley Council:

  • makes no warranties or representations or gives any guarantees as to the accessibility, security, stability or reliability of the Site (and we explicitly disclaim any liability or responsibility for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of the Site).
  • excludes all liability for any loss, damage, cost or expense (including legal expenses) you might incur as a result of the use of the Site or use or reliance upon the materials which appear on the Site or at any Linked Sites.

To the extent permitted at law, and only in relation to Non-excludable Liabilities, our liability is limited to, where the breach relates to goods, the repair or replacement of the goods or paying the cost of having the goods repaired or replaced, or where the breach relates to services, supplying those services again, or paying the cost of having those services supplied again.

Dealings with third parties
Any dealings you may have with third parties arising from the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and that third party. You acknowledge and agree that Waverley Council will not be responsible or liable in any way arising from such third party dealings, including any loss you may suffer arising from any act or omission of such third party.

Indemnity
You indemnify us, our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to your use of the Site or information or content available by means of the Site, or the use of the Site by anyone using your device.

7. General

These Terms are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.

We reserve the right to change the Terms & Conditions at our discretion by changing them on the Site. This privacy policy was updated in September 2016.

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