Beyond the Wharf – Terms of use



Application of Terms of Use

By visiting and/or using the beyondthewharf.com.au website (“website”) you agree to be bound by these Terms of Use.

This agreement is formed between you and Harbour City Ferries Pty Ltd of Level 19, 9 Hunter Street, Sydney NSW 2000 (“us”, “our”, “we”). “You”, “user”, “member” and “visitor” means anyone who visits this website.

The Terms of Use apply to the use of this website or any of the content (“Services”) and include our legal disclaimer and our privacy policy and any other terms or conditions on this website.

We may change the Terms of Use at our discretion and without notice. By continuing to use our website you accept the Terms of Use as they apply from time to time. If you do not agree with any of the Terms of Use you must not use this website. A copy of our current Terms of Use is displayed on our website at all times. This legal disclaimer is in no way limited or altered by any other terms or conditions on this website.

Using the Website

It is a condition of you using this website that you do not:

  • Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
  • interrupt, or attempt to interrupt, the operation of this website in any way;
  • Transmit any message, data, image or program which is indecent, obscene or pornographic or which would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
  • Interfere with the rights of others to use the Services;
  • Transmit any file which contains viruses, worms, “Trojan horses” or any other malware or similar files contaminating or destructive features;
  • Use the facilities and capabilities of the Services to conduct any illegal activity or solicit the performance of any illegal activity;
  • Use the facilities and capabilities of the Services to conduct any business activity not expressly authorised by us;
  • Impersonate or falsely represent your association with any person or organisation;
  • Use, reproduce, sell, resell or otherwise exploit any of the Services for commercial purposes;
  • Attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this website, including the use of automated tools; or
  • Access or attempt to access information resources you are not authorised to use.

Account Holders

We may choose to require you to register with this website (including registering an account with us) and you may be required to provide a username and password that can later be used to log on to our facilities.

It is your responsibility to protect your password from disclosure to unauthorised individuals.

You agree to be responsible for:

  • All activities that occur under your username, and password;
  • Maintaining the confidentiality of your password;
  • Changing your password if it becomes, or may have become, known to unauthorised personnel; and
  • Logging out at the end of each session.

The effective management and security of this website requires that usage may be monitored and analysed for evidence of misuse and attempted or actual security breaches. If you violate the Terms of Use, including by unauthorised or improper usage, we may record these activities and take appropriate action against you or your account. This action can range from issuing a warning, to the termination of your account. Beyond the Wharf reserves the right to report any offence to the proper authorities if necessary.

Intellectual Property

The work on, and content of, this website is copyright (including all text, images, graphics, animation, audio, video). No part of the material may be reproduced, stored in a retrieval system, transmitted, redistributed, republished or commercially exploited in any way without our prior written permission. Apart from any other use as permitted under the Copyright Act 1968, all other rights are reserved.

We can not and do not grant you any permission or authority in respect of the copyright in the material which is posted to our site by others, or which appears at third-party internet sites (accordingly we strongly recommend that you refer to the copyright statements at those sites before making use of the material).

Subject to these Terms of Use, all intellectual property in relation to content on this website belongs to us or our licensors, advertisers or affiliates. You obtain no interest in that intellectual property through the use of this website. All content on this website is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content of this website.

When you submit content to this website (including but not limited to uploading photos or images) in any format, including any text, photographs, graphics, video or audio, you grant us and our related entities a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, perpetual licence to publish, transmit or otherwise use that content on our website and for other commercial purposes now and in the future and to attribute you (at our election), using the details you have provided to us or an abbreviation of such details, as the author or provider of that content. We reserve the right not to use the content you submit. In submitting content to this website, You waive any moral rights in your contribution for the purposes of its submission to us and our use of such contribution in accordance with these Terms of Use. You warrant to us that you have all of the necessary rights, including copyright, in the content you submit to us, that it does not infringe any law, any third party intellectual property rights, and otherwise complies with these Terms of Use.

Some of the website and related Services are supported by advertising revenue and we may display advertisements and promotions and you hereby agree that we may place such advertising or promotions on, about or in conjunction with the content you have submitted to this website or otherwise to us.

Site Visit Data

This site is operated by us with the use of an external service providers. When visiting this site, a record of your visit may be logged. The following information may be recorded for statistical purposes and is used by us to help improve the site. This information is supplied by your browser:

  • The user’s server address;
  • The user’s top level domain name (e.g. .com, .gov, .au)
  • The date and time of the visit to the site;
  • The pages accessed and the documents/images downloaded;
  • The previous site visited; and
  • The type of browser used.

No attempt will be made to identify users and their browsing activity except in the unlikely event of an irregularity being detected that requires further enquiries. A law enforcement agency may exercise their legal authority to inspect the logs of our website or our service providers.

Cookies

Cookies are pieces of information that a website can transfer to an individual’s computer for record keeping. Areas of the website may use cookies. We may use third parties to analyse traffic at this website, which may involve the use of cookies.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are files placed on your computer, to help the website analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Google Maps

Google, Inc. provides the map features on the website. When you access and use the map features, you agree to be bound by Google Maps Terms of Service located at http://www.google.com/help/terms_maps.html. You agree that Google, Inc. may use the information you provide when you use the mapping features on our website in accordance with Google’s privacy policy located at http://www.google.com/privacy.html, which Google may amend from time to time.

Disclaimer

The content of this website (or social media websites on which we maintain a presence) is provided for information purposes only. No claim is made as to the accuracy, completeness or currency of the content on this website. Any goods or services displayed on this website do not constitute an offer to sell. It is an invitation to treat only.
We do not accept any liability for the information or advice (or the use of such information or advice) which is provided on this website or incorporated into it by reference. No responsibility is taken for any information or services that may appear on any linked websites. We do not endorse the content of any comments and posts made by third parties or other third party material published on the site or any external website to which reference is made and do not claim that they are accurate, authentic or complete. We do not endorse any service or third party goods or services promoted or offered through this website. In continuing to use this website, you release us (and all related entities) from all liability and any related claims arising from the use of any service or third party goods or services promoted or offered through this website. Trademarks used in this website are the property of their respective owners.

If you are interested in making a link from your site to our website, please email our webmaster for further instructions.

We make every effort to ensure that all material on this website is free from error. However, we do not warrant the accuracy, adequacy or completeness of any material on this website. All information is subject to change without notice. Before relying on or acting on material in this website you should seek independent advice. We do not guarantee that material on this site or any linked site will be free from viruses or that access to this site will be uninterrupted. The linked sites included in this website are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. Links to other web sites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. You must not create or maintain any link from another website to this website without our written consent.

We are not responsible to you or anyone else for any loss suffered in connection with the use of this website or any of the content. This includes, but is not limited to, the transmission of any computer virus. We recommend that prior to using any downloaded files (including images) you carry out an appropriate virus check.

Where any law implies a warranty into these Terms of Use which may not be lawfully excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again. For all other types of loss, our total liability to you (including because of our negligence) resulting from your use of this website or its content is limited in aggregate to $1.

If you believe any information on this website is incorrect, inaccurate, harmful or otherwise offensive, please contact us via email at first instance at admin@beyondthewharf.com.au for further instructions.

Indemnity

You agree to indemnify, defend and hold us harmless and our related entities and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney’s fees and court costs, that arise directly or indirectly from:

  • Your breach of our Terms of Use; and/or
  • Your activities in connection with the use of this website and any of the Services.

Privacy

The use of this website and any related Services is subject to our Privacy Policy which can be obtained here.

Applicable law

These Terms of Use, and your use of our website, are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

If you are interested in advertising through our website, please contact us via email at admin@beyondthewharf.com.au