- Hurricane’s Grill Hillary’s Boat Harbour (Perth Restaurant Pty Ltd ACN 606 271 952) of P.O. Box 6185, Alexandria, NSW 2015 (“Hurricane’s) is the owner and operator of this website(“the website”) and the products and services offered herein.
- To the extent permitted by law, Hurricane’s at all times reserves the right without notice for whatsoever reason to alter these terms and conditions or the website.
Use of Content on the Website
Any intending users of the website, such use to include but not limited to viewing, downloading, distributing or in any way disseminating and or printing of website content, will be at all times subject to the following terms and conditions:
- Any content generated from the website may be used solely for information purposes.
- The content may not be modified or altered in any way.
- You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, design or form) of Hurricane’s without the express written and prior consent of Hurricane’s.
- You may not use any meta tags or any other “hidden text” using Hurricane’s name or trademarks without the express and prior written consent of Hurricane’s.
- You may not use Hurricane’s logo or any part thereof or other proprietary graphic or trademark materials as part of any link without the express and prior written consent of Hurricane’s.
- You do not acquire any ownership rights, either at law or in equity, to any intellectual property and or content on the website.
Any intending users of the website, such use to include but not limited to all communications and content through the website or any forum created from it, will be at all times prohibited from creating, submitting or responding to any communications that are either:
- obscene, illegal, threatening, or defamatory, or
- infringe the privacy or the intellectual property rights of any third parties, or
- contain software viruses, mass mailings, chain letters, or any form of “spam”, or
- inaccurate, misleading or likely to deceive, or
- submitted without permission or due authorisation, or
- likely to cause injury to any person or entity, or
- using a false e-mail address, impersonate any person or entity, or otherwise mislead any parties as to the origin of the information.
Breach of Essential Conditions
The terms and conditions contained within the above clauses numbered 2 and 3 are essential to this agreement. Any breach of such terms terminates any agreement or licence or right that may have formed as between you and Hurricane’s.
By submitting information, you grant toHurricane’s Grill Hillary’s Boat Harbour a non-exclusive, royalty-free, perpetual, unrestricted worldwide and irrevocable licence without limitation to reproduce, use, copy, sublicence, transmit, broadcast, publically perform, modify, publish, adapt, translate, create derivative works from, redistribute, and display such content throughout the world in any media channel or forum.
Intellectual Property Information
Third Party Websites and Information
The website may provide hyperlinks to third party websites or access to third party content. Links and access to these websites are provided for your convenience only and Hurricane’s does not control, endorse, or guarantee or contribute to any of the content, associated links, resources, or services associated in any way with a third party website.
Collection, Use and Disclosure
Hurricane’s reserves the right to collect your personal information directly from either telephone, letter or email, through the use of the website and or from other sources. Personal information may include your name, address, telephone number and email address. If you choose not to provide us with your personal information, Hurricane’s may not be able to service you or provide you with the information you may require. If you visit the website, Hurricane’s may record information about your visit including, but not limited to, the type of browser and operating system you use, the previous site you visited, your server’s IP address, the pages you access and the information downloaded by you. While the anonymous statistical data Hurricane’s collects may be aggregated and used in broader statistical analysis by us and our website monitoring service provider to improve our services, at no time can Hurricane’s personally identify you as the source of that data. The website may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties. Hurricane’s is not responsible for information on, or the privacy practices of, such websites. You acknowledge and consent that by providing your personal information to us that:
- Hurricane’s may collect and use your personal information to either order, supply and/or deliver goods and services to you, communicate with you, or to better understand customer’s needs or to comply with our legal obligations;
- Hurricane’s may disclose, on a confidential basis, to our third party contractors, agents or to our suppliers such information;
- In the event you disclose information in relation to another person, business or corporation, you have their full authority and consent to do so. You further warrant that you will inform that person, business or corporation who Hurricane’s are, how Hurricane’s uses and discloses their information, and that they can gain access to that information;
Hurricane’s may include your personal information in a database compiled by Hurricane’s for use in direct marketing by Hurricane’s. If you do not wish to receive marketing material from Hurricane’s please notify us through our website contact details.
Hurricane’s will otherwise not transfer your personal information outside Australia or use, sell or disclose your personal information without your consent, unless Hurricane’s are permitted to under the Privacy Act or required to so by law;
Securing your Personal Information
Hurricane’s is responsible for handling your personal information in accordance with the requirements of the National Privacy Principles and the Privacy Act. Personal information that Hurricane’s holds on its systems is protected through the use of secure passwords and other security procedures including physical, network and computer security. Access to your personal information is limited to those who specifically need it to conduct their responsibilities. Hurricane’s takes all reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.
Accuracy and Access to Personal Information
Hurricane’s Grill Hillary’s Boat Harbour will take reasonable steps to ensure that the information Hurricane’s Grill Hillary’s Boat Harbour holds about you is accurate, complete and up-to-date and ask that you let us know if you believe the information to be otherwise. You may request access to your personal information, provided your request is in writing and you provide us with proof of your identity. Your request will be responded to in a reasonable time and you may be asked to pay any reasonable costs incurred by us in responding to your request.
Without limitation you must defend, indemnify, and hold harmless Hurricane’s, its employees, attorneys, and agents against all claims, expenses, liabilities, losses, costs, and damages, including reasonable lawyer’s fees on a solicitor and sole client basis, that they may incur in connection with your use of the website or any hyperlinked website or resulting from content you supply.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND HURRICANE’S, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Hurricane’s Grill Hillary’s Boat Harbour AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE WEBSITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY HURRICANE’S ON THE WEBSITE FOR YOUR INTENDED APPLICATION AND USE. Hurricane’s Grill Hillary’s Boat Harbour DOES NOT WARRANT THAT THE WEBSITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE WEBSITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND HURRICANE’S, HURRICANE’S, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF HURRICANE’S, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.