Terms of Use

The City of Busselton welcomes you to Your Say Busselton at https://yoursay.busselton.wa.gov.au (the Website).

This agreement sets out City of Busselton ("we", "us" or "our") terms for your use of the Website. If you don’t agree to these terms, please don’t use the Website.

This Website was created on Bang the Table Pty Ltd’s EngagementHQ software platform. Their End User Agreement is included at the bottom of this agreement.

Acceptable Use

We need you to make a few promises about the way you will, and won’t, use the Website.

You agree not to:

  • copy, reproduce, translate, adapt, vary or modify the Website without our express consent;
  • use the Website to harass, intimidate, bully or threaten anyone;
  • use the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use the Website for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • attempt to breach the security of the Website, or otherwise interfere with the normal function of the Website.

Registration

In order to use the Website, you may be required to sign up for an account.

When you register for an account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you’re solely responsible for:

  • maintaining the confidentiality and security of your account information and your password; and
  • any activities that occur through your account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

Moderation

The Website’s public facing user-submitted content is moderated in collaboration with Bang the Table Pty Ltd moderation team. When posting or submitting content to the Website, you agree to abide by the Moderation Rules set out at https://yoursay.busselton.wa.gov.au/moderation.

Content on this Website

Our content

Unless otherwise stated, all materials used in this Website are owned or licensed by us, and protected by international copyright, trademark law and other intellectual property laws. You must not use content from this Website unless you obtain permission to do so, except to the extent permitted by law.

Your content

You own the copyright if material you post or upload is completely new and original. That usually means it doesn’t contain anyone else’s content, like photographs or images. For anything that contains content made by someone else, the copyright may belong to them. So you’ll usually need to get their permission before posting it to the Website.

By posting materials on this Website, you grant us rights to use all of this material, and all information derived or generated from it, in all existing or future media. This information includes but is not limited to data, text, photographs, drawings, feedback, and any other information or data displayed or presented by you on the Website.

Third party content & links

The Website may contain text, images, data and other content provided by a third party.  We’re not responsible for any of this content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

The Website may also contain links to websites operated by third parties. These links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for these links and have no control over or rights in linked Websites.

Disclaimer

The Website is made available to you strictly on an 'as is' basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

  • the Website will be free from errors or defects;
  • the Website will be accessible or available at all times;
  • messages sent through the Website will be delivered promptly, or delivered at all;
  • information you receive or supply through the Website will be secure or confidential; or
  • any information provided through the Website is accurate or true.

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Website.  You should take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website.


Bang The Table End User Agreement

This End User Agreement applies to any end users of the EngagementHQ Platform (Platform) created or hosted by Bang The Table Pty Ltd ABN 96 127 001 236 (“We”, “us” or “our”). It applies in addition to any terms of use provided to you by the operator of a website created using the Platform and will prevail over those terms of use to the extent of any inconsistency. If you do not accept these terms and conditions, you must refrain from using the Platform.

Security

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform.  You should take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

Service limitations

We can’t guarantee, and make no warranties, to the extent permitted by law, that:

  • the Platform will be free from errors or defects;
  • the Platform will be accessible or available at all times;
  • messages sent through the Platform will be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform will be secure or confidential; or
  • any information provided through the Platform is accurate or true.

Disclaimer

To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform to $100 (AUD) in aggregate. This includes the transmission of any computer virus.

You agree to indemnify us and our employees, agents and contractors (Personnel) in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives’ use of the Platform and/or breach of these Terms.

All express or implied representations and warranties given by us or our Personnel are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our (and our Personnel’s) liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

  1. in the case of goods, their replacement or the supply of equivalent goods or their repair; and
  2. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

Under no circumstances will we or our Personnel be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter.

General

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Assignment

You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without our prior consent.

Governing law

This agreement is governed by the law applying in New South Wales, Australia.

Jurisdiction

The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.