Terms of Use

Terms of Use

1.  Bang the Table (BTT) operates the website www.yoursaycruisecapacity.com.au (Website) on behalf of the Port Authority of New South Wales (Port Authority). These Terms of Use comprise of these terms and any other instruction or terms appearing within the Website.  These Terms of Use may be updated from time to time without notice to you.

2. BTT’s Privacy Policy (available at https://www.bangthetable.com/privacy-policy/) applies to any personal information you provide to them through your use of the Website. It explains how they collect, use, store, secure and share your personal information.

3.  By using the Website, you warrant that you:

(a) have had sufficient opportunity to access these Terms of Use and BTT’s Privacy Policy;

(b) have read and accepted these Terms of Use and BTT’s Privacy Policy; and

(c) will comply with these Terms of Use.  

4. If you do not agree to these Terms of Use or have any objection to how your personal information will be managed by BTT in accordance with its Privacy Policy, please do not use the Website.

Obligations of Users

5.  You must not:

(a) use the Website other than for lawful purposes;

(b) use the Website for any activities which breach any laws or infringe a proprietary right of Port Authority, BTT or any third party’s rights;

(c) use the Website in any way that interferes with other users or defames, harasses, threatens, menaces, offends, discriminates against or restricts any person or which inhibits any other user from using or enjoying the website;

(d)  post or transmit via the Website any obscene, indecent, inflammatory, defamatory or pornographic material or material that could give rise to civil or criminal proceedings against Port Authority or BTT;

(e) collect or share information about others without their consent;

(f) tamper with, hinder the operation of, reverse engineer or make unauthorised modifications to the Website;

(g) introduce any form of malicious software, harmful code or other disabling feature to the Website;

(h) dispose of, or grant to others, any right in or title to any intellectual property subsisting in the Website; nor

(i) attempt any of the above acts or permit another person to do any of the above acts.

Intellectual Property and Moral Rights

6. Copyright in the Website (including text, graphics, logos, icons, sound recordings, databases and software) is owned by or licensed to Port Authority.  You do not have any right, title or interest in the Website.  You must not enter into any agreements or arrangements with any other person to restrict Port Authority’s access to or use of the Website.

7.  Other than for purposes expressly authorised by these Terms of Use, you must not copy, adapt, reproduce, store, publish or commercialise any information provided on the Website without Port Authority’s prior written permission.

8.  You:

(a) warrant that you have all necessary rights to provide any information shared or submitted via the Website to us;

(b)  grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the intellectual property you share or submit via the Website in any way; and

(c) when acting as an agent, you warrant that you have the authority of the relevant principal to provide the relevant information and bind the principal.

9.  If you (or any employee or agent) have moral rights in any intellectual property that you share or submit to us via the Website, you irrevocably consent to any amendment, use or application of the intellectual property without attribution of authorship by Port Authority or its licensee and successors in title. You consent to any act or omission which would otherwise constitute an infringement of your moral rights.

Disclaimer

10.  Port Authority does not warrant or represent that any information or other content provided on or via the Website (Website Content) is free from errors, omissions or that it is exhaustive. Changes are made periodically to the Website Content.

11. Port Authority disclaims, to the extent permitted by law, all warranties or representations (express or implied) regarding any Website Content including but not limited to all implied warranties of merchantability, fitness for purpose or non-infringement. Port Authority does not warrant or represent that the Website Content will not cause damage, or is free from any computer virus or any other defects or errors. The Website is provided on the understanding that Port Authority, its employees and agents, shall have no liability (including but not limited to liability by reason of negligence) to the users of the Website. Users of the Website are responsible for making their own assessment of the Website Content and should independently verify all relevant statements, representations and information.

12. Unless otherwise expressly indicated, intellectual property rights and copyright subsisting in the Website Content is vested in Port Authority. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of any Website Content may in any form or by any means be reproduced, adapted, stored or transmitted without the prior written permission of Port Authority. The copyright owner reserves all other rights.

13. Website Content may contain links to other websites. Port Authority does not necessarily sponsor, endorse, or approve of any material on such websites or the operations of such websites. Port Authority makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Website Content is linked.