Conditions of Use - Newcastle Area Flash Flood Alert Service

The following Conditions of Use are applicable to Newcastle City Council's Newcastle Area Flash Flood Alert Service.

The Newcastle Area Flash Flood Alert Service (the 'warning alert service' or 'service') is a service intended to provide to subscribers, via alert messages sent through the Early Warning Network (EWN) system, early warning of potential flash flooding relevant to a chosen location based on information from publicly available sources.
Council-initiated alert messages may be distributed, through the EWN system, to Newcastle subscribers by, or at the request of, the Council.
Whilst EWN and the Council endeavour to provide a service of a high quality, no such system can claim to be completely accurate or failsafe. For that reason, if you subscribe to this warning alert service you acknowledge and accept that:

reasonable endeavours will be taken to provide warning alerts to subscribers at the earliest opportunity;
the messaging media utilised is neither real-time nor instantaneous;
this warning alert service constitutes advice furnished to you by Council in good faith relating to the likelihood of land being flooded or to the nature or extent of any such flooding;
the Council would not have agreed to your subscription without your acknowledgement and acceptance that the service constitutes advice furnished to you in good faith relating to the likelihood of land being flooded or to the nature or extent of any such flooding;
the system is not failsafe and this service cannot be solely and wholly relied upon and other mediums such as radio and internet and advice from the NSW Bureau of Meteorology and NSW State Emergency Service should be monitored to inform of potential events;
you are responsible for updating your registered contact details, if and when they change.

You expressly agree that you use the service at your sole risk and that the Council and Look Here Pty Ltd ABN 55 122 940 175 trading as Early Warning Network (the provider of the service) will not be responsible for any loss or damage suffered, incurred or sustained by you in connection with this warning alert service. This includes, but is not limited to, any loss or damage arising from:

the failure or delay in warning you or an event
provision of an alert that warns of an event that fails to materialise
the interpretation of the magnitude or severity of an event
any inaccuracies in the predictions of the location of an event
This includes any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the service.

('the releases')
You expressly agree that the releases do not affect or limit s.733(1) of the Local Government Act 1993 or the provisions of Part 5 of the Civil Liability Act 2002

To the extent permitted by law, the Council excludes all conditions and warranties relating to your use of the service that are not expressly set out in these conditions.
To the extent that liability for breach of any implied warranty or condition relating to the service cannot be excluded by law, the Council's liability will be limited, at its option, to:

the re-supply of the service after full payment has cleared; or
the continuation of the service after full payment has cleared

In relation to any express warranty or condition in connection with the service, the Council's liability to you will be limited to the amount(s) paid by you (if any) in respect of the service.

Note:

To change the mode for receiving alerts (SMS, landline or email) and/or contact details associated with those modes, phone Council on 4974 2000
To unsubscribe from this service, contact the Early Warning Network on 1300 703 017 or email support@ewn.com.au
By registering to this service you agree that you may be contacted for the purpose of evaluating the service provided.