Terms and Conditions

The following website Terms of Use include these Terms and Conditions and the Privacy Policy that apply to this website, operated by Tusk Bar (“Tusk”, “we”, “us” or “our”) (“Website”).

You must ensure that you read, understand and abide by the Terms and Conditions of this Website. By accessing, viewing or otherwise using the Website you agree to accept and be bound by these Terms of Use in accordance with the conditions set out below.

We may update and/or modify these Terms of Use from time to time without notice and such update and/or modification will take effect when it is posted on this Website. Your continued use of the Website will be regarded as your acceptance of these Terms of Use as amended.

User conduct

You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

  • Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;

  • Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;

  • Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our express prior written consent;

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

  • Reverse engineer, reverse assemble or otherwise attempt to discover source code or any other formula in respect of the software underlying the infrastructure and processes associated with the Website;

  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is threatening or obscene;

  • Engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights, fraud, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;

  • Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or

  • Post or transmit to or via this Website any defamatory, derogatory or offensive material or publications.

If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us, our directors, officers, employees, agents and contractors harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Intellectual property

All materials and information on this Website including, without limitation, any photographs, logo, design, text, graphics and trademarks (“Content”) are owned by or licensed to Tusk and are protected by copyright, trademark and other intellectual property laws.

Any such Content may be displayed solely for your personal and non-commercial use, provided that any copyright notice on such display or page is not removed. You agree not to alter, modify, add, copy, reproduce, sell, distribute, republish, download, display, post or transmit the Content to any third parties in any form or by any means, including but not limited to electronic, mechanical or otherwise, without our express prior written consent.

Except as expressly granted, Tusk does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the Website or in the user interface of the Website.

Submissions

You acknowledge and agree that any material you send to us on or via the Website or if you contribute Content to the Website may be used by Tusk for the purposes for which it was submitted.

This includes any data, feedback, questions, ideas, comments, suggestions or other information (“Feedback”). Unless you indicate otherwise, Feedback may be treated as non-confidential and non-proprietary, and we may use such Feedback for business and service improvement purposes without compensation to you.

Third party websites and links

We may provide links on this Website to websites operated, controlled or produced by third parties. Tusk does not have control over and does not monitor these third-party websites or their content and does not provide any warranty or take any responsibility regarding the accuracy, completeness or suitability of any third-party website, its products or services.

A link to a third-party website does not mean that we endorse the content of that website. Your access to third-party websites will be governed by their own terms of use and privacy policies.

You may not create a link to this Website from another website or document without our prior written consent.

Privacy

The Tusk Privacy Policy applicable to this Website explains how personal information will be treated as you access and interact with this Website and can be accessed through our Privacy Policy.

Warranties and disclaimers – Limitation of liability

While Tusk endeavours to take reasonable care in preparing and maintaining the information on this Website, we do not warrant the accuracy, reliability, adequacy or completeness of any Website Content.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of any material or information you seek to rely upon.

We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials, or that occasional outages or disruptions to service will not prevent you from accessing the Website, or that use of the Website will be compatible with the hardware and software you are using to access it.

To the maximum extent permitted by law, Tusk, its directors, officers, employees, agents and contractors exclude all liability arising out of or in connection with the Website Content and the use or performance of the Website to you or any other person for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, except to the extent that such liability cannot lawfully be excluded.

Nothing in these Terms of Use is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

Where liability cannot be excluded but may be limited, our liability will be limited to the maximum extent permitted by law.

The Content may contain general information about our products, services, venue, events and offerings. Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or

  • Form part of the terms and conditions for our products and services.

The Content and this Website are provided “as is” and “as available”. Your use of this Website, including all Content, data or software distributed by, downloaded or accessed from or through this Website, is at your own risk.

Termination and suspension

We reserve the right, without notice and in our sole discretion, to discontinue, suspend or terminate any service offered by or through this Website, as well as this Website itself, at any time.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

Severability

If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to the specific circumstances under which such waiver was granted.