Flood Mapping Service

Terms and Conditions of Use – TownsvilleMAPS

Privacy Collection Statement

You are providing personal information which will be used for the purpose of delivering services and carrying out Council business.

Your personal information is handled in accordance with the Information Privacy Act 2009 and will be accessed by persons who have been authorised to do so. Your information will not be given to any other person or agency unless you have given us permission or the disclosure is required by law.

Internet Agreement

Recitals:

1. Council is the custodian of various data and information.
2. The data and information is packaged by Council into Datasets.
3. This agreement details the conditions governing the use of each Dataset by the Customer.

This agreement witnesses that:

• Section 1 – General
  • Section 1.1 – This agreement commences upon execution and determines upon the expiry date detailed in the reference schedule.
  • Section 1.2 – For the purpose of this agreement words defined in the reference schedule have the meaning described.
  • Section 1.3 – This agreement allows the customer to access by Internet connection the data detailed in the reference schedule.
• Section 2 – Intellectual Property Rights
  • Section 2.1 – The Customer acknowledges that Council is the owner of the intellectual property (including copyright) in the presented information.
  • Section 2.2 – This agreement does not assign any interest in the intellectual property to the Customer.
  • Section 2.3 – The presented information is commercially confidential and must not be released or disclosed to a third party except in accordance with this agreement.
  • Section 2.4 – The customer will not cause or allow the value of Council intellectual property to be diminished.
• Section 3 – Copies of Datasets
  • Section 3.1 – The Customer may only make copies of the presented information for its own use as authorised by Council.
  • Section 3.2 – The Customer must return the data to Council (with any amendments which will become the property of Council) upon determination of this agreement.
  • Section 3.3 – The Customer must destroy all additional copies of data upon determination of this agreement.
  • Section 3.4 – No intellectual property in the presented information passes to the Customer, who must not sell, license or distribute the Product to any 3rd Party or do any other act that contravenes Council’s intellectual property rights unless Council first consents in writing.
• Section 4 – Disclosure to Third Parties
  • Section 4.1 – If Council has given its prior written consent allowing the Customer to release or disclose the presented information to a third party then the Customer:
  • Section 4.2 – Indemnifies Council from any loss or damage suffered by Council resulting from the use of the presented information by the third party;
  • Section 4.3 – Will ensure that an appropriate acknowledgement and copyright notice is prominently displayed on all copies of extracts from the data including the words “Data reproduced with permission of Townsville City Council.” Council will provide logo in digital format upon request.
• Section 5 – Format
  • Section 5.1 – Council will make the Product available at the Fee detailed in the reference schedule.
  • Section 5.2 – Council will supply the data in ESRI and AutoCAD DXF formats only.
• Section 6 – Indemnity
  • Section 6.1 – Council does not warrant the accuracy of the presented information and the Customer must verify the accuracy of the Data before placing reliance on the Data.
  • Section 6.2 – The Customer indemnifies Council, its employees and agents from any loss or damage suffered by the Customer or any person or entity, arising from or in connection with the use of the Data.
• Section 7 – Breach and Termination
  • Section 7.1 – The Customer must remedy any breach of this agreement within the period (not being less than 7 days) specified in a written notice from Council requiring remedy of the breach.
  • Section 7.2 – If the breach is not remedied as required by section 7.1, or where the breach cannot be remedied, Council may by written notice terminate this agreement.
  • Section 7.3 – Upon termination under section 7.2, the Customer must cease using the data in any form whether modified or merged with other material and destroy all transferred data, and the Customer’s license to use the data is immediately revoked.