Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present, and emerging.
1. Introduction Welcome to Locate. These Terms and Conditions outline the rights and responsibilities of users engaging with the Locate platform, an initiative commissioned by Noosa Council | Arts and Culture to support local arts and culture in the Noosa Local Government Area (LGA). By using Locate, you agree to comply with these terms.
2. About Locate Locate is a digital directory designed to connect Noosa’s creatives within the broader creative industry, businesses, and the community. It serves as a Cultural Development initiative using Regional Arts Development Funding — a partnership between the Queensland Government and Noosa Council to support local arts and culture in regional Queensland
3. Eligibility and Submission Process To be featured on Locate, creatives must meet the following criteria: Live or have a studio in the Noosa LGA or identify as Kabi Kabi. Demonstrate exceptional quality, innovation, and professionalism in their work. Have the capacity to deliver arts services, events, or products that meet industry standards. Be opportunity-ready.
4. Creative Responsibilities & Content Use As a listed creative on Locate | A Place To Find Creatives, you agree to: Keep your profile and all listed details up to date, ensuring accuracy in your contact information, availability, and portfolio. Immediately notify Noosa Shire Council in writing of any significant changes to your business, artistic activities, legal or financial status, or contact details that may affect your eligibility for a Locate listing. Grant Noosa Council and Locate the right to use any content you upload—including images, videos, and text—for the purposes of promoting you as a creative and marketing the Locate. Warrant that you own the copyright to all content you submit and have the legal right to share it. Confirm that, to the best of your knowledge, any material you upload does not contain defamatory content. Establish clear terms of engagement via written contracts with all relevant parties to ensure transparency and accountability. All agreements, contracts, and transactions are the responsibility of the parties involved. By maintaining your profile on Locate, you acknowledge that Noosa Council has the right to review submissions and may request updates or changes to ensure the directory remains current and professional.
5. Locate’s Scope and Limitations Locate acts solely as a platform for connection. Neither Locate nor Noosa Council: Mediates disputes between users. Guarantees the quality of services provided by listed creatives. Offers financial or legal advice regarding transactions initiated through the platform.
6. Compliance and Responsibilities
Creatives and users engaging through Locate must:
- Obtain all necessary permits, approvals, licenses, and/or insurances relating to the delivery of your business and/or activity as outlined in your profile, including any special considerations required by law and/or in Council Policy.
- Maintain proper financial and project records.
- Ensure that any business or professional engagement that arises through Locate adheres to the highest standards of ethical conduct, industry best practices, and all relevant legal and regulatory requirements.
- Uphold professionalism, integrity, and transparency in all transactions, agreements, and collaborations facilitated through the platform. Acknowledge Noosa Council’s support in press releases, promotional material, and media where applicable.
- Notify Noosa Council of any major changes to a listing’s business or artistic activities or legal/financial status.
- Warrant that all uploaded materials, including images, text, and media, are either:
1. Original works created by you, or
2. Properly licensed with appropriate permissions for use.
- Ensure that, if AI-generated content is used in any part of your submission, it does not infringe upon intellectual property rights, violate privacy laws, or misrepresent authorship.
- Clearly disclose if your work includes AI-assisted or AI-generated elements where relevant.
- Ensure that any AI-generated content used within Locate must align with ethical guidelines, avoiding misinformation, harmful biases, or deceptive practices.
- Noosa Council may remove any content found to breach these principles.
- Ensure that Noosa Shire Council and Locate’s positive reputation is maintained at all times.
- Indemnify and keep indemnified Noosa Shire Council and its officers, employees and agents and Locate against any claims for:
a) Loss or liability incurred by Noosa Shire Council or Locate;
b) Loss of or damages to property; or
c) Loss or expense incurred by Noosa Shire Council (including legal costs on a solicitor/own client basis) or Locate in dealing with any claim against Noosa Shire Council or Locate ;
Arising from:
d) any act or omission by you or your employees, agents, volunteers or subcontractors in connection with these Terms and Conditions where there was fault on the part of the person whose conduct gave rise to that loss or damage or expense;
e) any breach by you of your obligations under these Terms and Conditions
f) the undertaking of the submitted profile for which this submission approval relates to.
Your liability to indemnify Noosa Shire Council or Locate under this clause will be reduced proportionally to the extent any fault on Noosa Shire Council's part contributed to the relevant loss, damage, expense or liability. Notify Noosa Shire Council immediately if you are made aware of, as a result of using Locate, any issues arising that may:
a) Damage Noosa Shire Council or Locate’s reputation, credibility and integrity in any way;
b) Conflict with Council’s vision, values, strategic priorities or initiative goals;
c) Hamper Noosa Shire Council’s ability to fully or impartially carry out its functions;
d) Breach local laws or policies or cause any harm to any person involved;
e) Directly or indirectly personally benefit Councillors, officers or volunteers;
f) Potentially cause conflicts of interest. Acknowledge that Noosa Shire Council does not guarantee employment, business, or artistic opportunities for those engaging with Locate, including creatives listed in the directory or those interacting with the platform.
Nothing in these Terms and Conditions will create, or be deemed to create, a partnership, the relationship of employer and employee, or the relationship of principal and agent between the parties and you have no authority to bind or represent Noosa Shire Council in any way or for any purpose. Allow Locate and Noosa Shire Council to use photographs, brochures, posters and any relevant marketing material that demonstrate what has been achieved through the initiative for the purposes of documenting and promoting the Noosa Shire Council initiative.
8. Dispute Resolution and Conduct
Users must immediately report any issue that may:
Harm Locate and/or Noosa Council’s reputation or conflict with its values.
Violate local laws or policies.
Create conflicts of interest.
Locate reserves the right to remove creatives from the platform in cases of professional misconduct, failure to meet professional standards, or unresolved disputes that negatively impact Noosa Council and/or the professional reputation of Locate as an industry and community resource.
9. Privacy and Data Protection If you obtain Personal Information as defined by the Information Privacy Act 2009 (the Act) you will not use that Personal Information in any manner that is contrary to the Act and to immediately tell Council if you become aware of a breach or possible breach.
10. Amendments and Termination Noosa Council reserves the right to modify these Terms and Conditions at any time. Continued use of Locate constitutes acceptance of any updates.
Noosa Council also retains the right to:
Terminate any user’s access to Locate if they violate these terms.
Modify, suspend, or discontinue Locate at its discretion.
11. Governing Law These Terms and Conditions are governed by the laws of Queensland, Australia. Any disputes will be resolved in accordance with Queensland legal procedures. These Terms and Conditions may not be modified except by agreement in writing signed by the duly authorised representatives of the parties.
