Dubbo Region Discovery App

1. About the Application

1.1. Welcome to Dubbo Region Discovery (the 'Application'). The Application is a promotional tool that uses virtual and augmented reality to allow users to explore exhibitions, observe major project plans and play exciting games around the Dubbo Region, all from your smartphone.

1.2. The Application is operated by Dubbo Regional Council (ABN 53539070928). Access to and use of the Application, or any of its associated Products or Services, is provided by Dubbo Regional Council. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

1.3. Dubbo Regional Council reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Dubbo Regional Council updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dubbo Regional Council in the user interface.

3. Copyright and Intellectual Property

3.1 The Application, the content and all of the related products of Dubbo Regional Council are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Dubbo Regional Council or its contributors.

3.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Dubbo Regional Council, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Application pursuant to the Terms;

(b) copy and store the Application and the material contained in the Application in your device's cache memory; and Dubbo Regional Council does not grant you any other rights whatsoever in relation to the Application or the content. All other rights are expressly reserved by Dubbo Regional Council.

(c) print pages from the Application for your own personal and non-commercial use.

3.3 Dubbo Regional Council retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

3.4 You may not, without the prior written permission of Dubbo Regional Council and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

4. Privacy

Dubbo Regional Council takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Dubbo Regional Council's Privacy Policy, which is available at https://dubbo.com.au/discoveryapp.

5. General Disclaimer

5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2 Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Dubbo Regional Council will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3 Use of the Application and the content is at your own risk. Everything on the Application and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dubbo Regional Council make any express or implied representation or warranty about the content or any products or content (including the products or content of Dubbo Regional Council) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Application, the content, or any of its content related products (including third party material and advertisements on the Application);

(c) costs incurred as a result of you using the Application, the content or any of the products of Dubbo Regional Council; and

(d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1 Dubbo Regional Council's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2 You expressly understand and agree that Dubbo Regional Council, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.3 You acknowledge and agree that Dubbo Regional Council holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Application.

7. Termination of Contract

7.1 If you want to terminate the Terms, you may do so by providing Dubbo Regional Council with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Dubbo Regional Council via the 'Contact Us' link on our homepage.

7.2 Dubbo Regional Council may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Dubbo Regional Council is required to do so by law; (c) Dubbo Regional Council is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or (d) the provision of the Services to you by Dubbo Regional Council, is in the opinion of Dubbo Regional Council, no longer commercially viable.

7.3 Subject to local applicable laws, Dubbo Regional Council reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dubbo Regional Council's name or reputation or violates the rights of those of another party.

7.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Dubbo Regional Council have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity

8.1 You agree to indemnify Dubbo Regional Council, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

(c) any breach of the Terms.

9. Dispute Resolution

9.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2 Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

9.3 Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by a representative of Dubbo Regional Council or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Corner of Church and Darling streets, Dubbo, New South Wales, 2830, Australia.

9.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

9.5 Termination of Mediation:

If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by Dubbo Regional Council is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

11. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

1. What We Collect

The following privacy policy outlines how and why Dubbo Regional Council (“Dubbo Regional Council” “we” or “us”) collects, uses, and shares information about you when you use our website www.dubbo.com.au, the Dubbo Region Discovery app, associated Virtual Reality (VR) games and other online products and services (collectively, the "Services") or when you otherwise interact with us or receive a communication from us. This Privacy Policy applies to all of our Services listed above.

Dubbo Regional Council is committed to providing quality Services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

1.1 Information You Provide to Us

We collect information you provide to us directly when you use the Services. This includes:

(a) Account information. To create an account using the Services you must provide a valid email address, a username, and where applicable, a first name and last name. Your account information can be changed at any time by contacting us in writing or logging in to your account on our website.

(b) Content you submit. We collect the content you submit to the Services. This includes your username, saved drafts, and uploaded content such as text, links, images and videos.

(c) Actions you take. We collect information about the actions you take when using the Services. This includes score records and collections when playing the Dubbo Region Discovery app or associated VR games.

(d) Other information. You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in a competition or promotion, request support or otherwise communicate with us.

1.2 Information We Collect Automatically

(a) Log and usage data. We may log information when you access and use the Services, such as your IP address, browser type, operating system, referral URLs, device information, pages visited, links clicked, the requested URL, hardware settings and search terms.

(b) Information collected from cookies and similar technologies. We may receive information from cookies or similar technologies, to help understand user activity and improve the quality and personalisation of our Services. The majority of web browsers are set to accept cookies by default, however to can choose to set your browser to remove or reject first- and third- party cookies. This may affect the availability and functionality of our Services.

(c) Location information. We may receive and process information about your location when you choose to share such information on our Services. You can stop the collection of this information at any time by changing the preferences on your mobile device.

2. How We Use Information About You

• Provide, maintain and improve the Services;

• Research and develop new Services;

• Provide customer service;

• Communicate with you about products, services, offers, promotions, and events, and other news and information we feel might be of interest to you. You can opt out of these marketing lists at any time by clicking on the ‘Unsubscribe’ message at the bottom of our email marketing campaigns, or by requesting so in writing to marketing@dubbo.nsw.gov.au

• Monitor and analyse trends, usage and activities in relation to our Services;

• Communicate with you about prize draws, winners and promotional outcomes.

3. How Information About You Is Shared

When you use the Services, certain information may be shared with other users and the public. For example:

• When you participate in the VR games, your username may be displayed on the leaderboard, which is in publicly available on the VR location site. Usernames may also be shared Dubbo Regional Council’s social media channels or our website, along with your score.

• Information submitted online through event upload submissions, forms, competition or promotional entries may also be associated with your username, email address and/or first name and last name, which may also be publicly available.

Otherwise, we do not share, sell or give away your personal information to third parties, unless with written consent or at your direction, or required by any applicable law, regulation, legal process or governmental request.

4. Third Parties

• We use analytics partners (e.g. Google Analytics and Start Beyond) to help analyse usage and traffic for our Services. This includes the collection of browsing data and utilising cookies through our Google Analytics account.

• The Dubbo Region Discovery app is developed by Start Beyond on behalf of Dubbo Regional Council. Start Beyond manage and maintain the app reports, analytics and usage data, and provide this to Dubbo Regional Council. You can access Start Beyond's privacy policy here: https://www.startbeyond.co/privacy-policy

• When using our Services or signing up for online competitions, newsletters or marketing initiatives, we provide your email address to Mailchimp, where our database is stored. You can access Mail Chimp’s privacy policy here: https://mailchimp.com/legal/pr...

• Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

5. Data Retention

We store the information collected for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
Data collected from form fields on the website is stored on a dedicated Australian based Amazon server.

6. Children

We require all persons under the age of 18 to gain consent from a parent or guardian before creating a user account.

7. Policy Updates

This Policy may change from time to time and is available on our website.

8. Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact Dubbo Regional Council’s Economic Development and Marketing Branch at:

marketing@dubbo.nsw.gov.au

02 68014000