Terms of Use

Declaration

In this policy, ‘us,’ ‘we’, ‘our’, or ‘venue’ refers to FANCY HANKS CITY PTY LTD - ABN 20 611 317 321-  t/a Good Heavens, Fancy Hank’s and Springrock Public Bar.  

The following Terms of Use include these Terms and Conditions and the Privacy Policy that apply to this website and related business websites operated by FANCY HANKS CITY PTY LTD - ABN 20 611 317 321 - and their associated bodies. 

You must ensure that you read, understand and abide by the Terms and Conditions. By accessing, viewing or otherwise using the website and services the business grants, you agree to accept and be bound by these Terms of Use following the conditions below.

We may update/and modify these Terms of Use occasionally without notice, and such updates/modifications will take effect when posted on this Website. Your continued use will be regarded as accepting these amended Terms of Use.

User Conduct

You are responsible for all of your activities related to accessing the business services. Any fraudulent, abusive, or otherwise illegal activity may be grounds to terminate your access to the site or broader business services. 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 other arithmetical 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 deemed 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 (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, 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 open 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 regarding your use of or activities on this Website. We reserve the right to report potential criminal activity to appropriate law enforcement agencies.

Prohibited Conduct

Prohibited conduct includes but is not limited to:

  • Posting or transmitting any unlawful, fraudulent, or malicious content.

  • It engages in activities that disrupt or interfere with the website or its services, such as introducing viruses or harmful code.

  • Use of automated systems such as robots or spiders to access the website without permission.

  • Attempting to gain unauthorised access to the website's secure areas.

  • Harassing or stalking other users.

Indemnity

You agree to indemnify and hold us (and our related corporate bodies, 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 (including transmitting any defamatory, derogatory or offensive statements or material to any person), 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 licensed to or owned by the venue and are protected by copyright, trade mark 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 a 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.

Save for the above, and unless expressly granted, the venue 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 the user interface.

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, such Content will become our property, and you assign all rights, title and interests in and to such contributions to us.

This includes any data, feedback data, questions, ideas, comments, suggestions or other information (collectively “Feedback”) and will be deemed not confidential and non-proprietary unless indicated otherwise. We will be entitled to use any such Feedback which is not confidential or proprietary for any purpose without compensation to you.

Third-party websites and links

We may provide links on this Website to the websites operated, controlled or produced by third parties. The venue does not have control over and does not monitor these third-party websites or their content, nor does FANCY HANKS CITY PTY LTD provide any warranty or take any responsibility regarding the accuracy, completeness or suitability of the third-party website, its products or services. A link to a third-party website does not mean that we endorse that website's content. Their terms of use will govern your access to third-party websites.

We may receive fees, commissions and rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink. You acknowledge and consent to us receiving such amounts.

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

Privacy

The venue's privacy policy applicable to this Website explains how personal data will be treated when you access and interact with it. It can be accessed here.

Warranties and disclaimers – Limitation of liability

While Fancy Hanks City Pty Ltd endeavours to take reasonable care in preparing and maintaining the information on this Website, we do not warrant the accuracy, reliability, adequacy, completeness or otherwise of any of the Website Content. You are responsible for enquiring with us directly to ensure the accuracy and currency of the material and 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 occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it.

To the maximum extent permitted by law, we and our related corporate bodies, 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 persons for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential and including loss of business profits, except to the extent that the loss or damage is directly caused by the venue’s fraud or wilful misconduct.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent feasible to us doing any one or more of the following (at our election and in our sole discretion):

  • Replacing or repairing goods;

  • Reimbursing you for repairing or replacing goods;

  • Re-supplying services; and

  • Reimbursing you for paying someone else to supply services.

The Content may contain general information about our products and services. 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 and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website, in the venue or associated sites, at any time. For example, suppose your server is involved in any attack on any computer system, either with or without your knowledge or complicity. In that case, that server may be blocked, or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use, which should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

If any part of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, 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 a single waiver limited to the specific circumstances under which such waiver was granted.

Severability

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

Confidentiality

We do not guarantee that your use of this Website will be confidential. We are not responsible for any harm you or anyone may suffer due to a breach of confidentiality concerning your use of this Website. Any information that you disclose on this Website:

  • It may be used by the venue, its agents and contractors about the provision of services promoted, explained or contained on this Website, including marketing those services.

  • It may not be secure during transmission over the Internet. Third parties may be able to intercept transmissions made when using this Website.

Currency

A reference to “$” or “dollars” throughout this Website refers to Australian currency (AUD) unless stated otherwise.

Applicable law

This Website and the Content are provided for use by Australian residents only. These Terms of Use are governed by and construed by the laws of Victoria, Australia. You at this moment irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Enquiries and corrections

If you wish to enquire about this policy, please contact the venue.

 

Attention: General Manager

Address: 1/79 Bourke St, Melbourne VIC 3000

Email: hank@fancyhanks.com 

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