BAH BAH PTY LTD TRADING AS KATUK
Bah Bah Pty Ltd trading as Katuk ACN 117 351 934 (“Company”) owns and operates the venue Katuk (“Venue”) providing hospitality, catering and entertainment services (“Services”) and food items, alcoholic and non-alcoholic beverages (“Products”) to patrons in Melbourne, Victoria. Our website is located at https://www.katuk.com.au/ (“Website”). Our Website is a platform which provides eCommerce services to allow customers to browse, query and keep up to date with the Services and Products offered at the Venue. The Company can be contacted at PO Box 799, South Yarra VIC 3141 or via email at firstname.lastname@example.org.
4.2 You must be 18 years of age to make an enquiry. When making an enquiry, you will be required to fill in your details, namely your personal details such as full name, mobile number and email address. You are solely responsible for how you use our Website and the information you provide when making an enquiry.
4.3 After receiving your email, phone call or enquiry through the LiveChat box on the “Contact Us” Webpage: 4.3.1 the Company will provide you with information and a quote for our Services and/or Products;
4.3.2 if you agree to the quote, the Company will provide you with the Venue terms and conditions to review, fill out and return, along with a credit card authorisation for the purposes of payment.
4.3.3 If you agree to the Venue terms and conditions and provide the Company with credit card authorisation, the Company will then process the deposit and provide you with a receipt. The Company will not take the full payment until the day of the event.
4.4 You may also create an account at https://www.katuk.com.au/locals-membership/. To create an account, you must have first obtained a membership card or code from one of the Venue’s staff members. You must be 18 years of age to obtain a membership card or code and create an Account. Separate terms and conditions apply to the membership which you must read. When creating your Account you will be required to select a unique username and password for your Account. You will be asked to fill in your details, namely your personal details such as full name, mobile number, email address, billing and delivery information and payment details. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
5. LEGITIMATE PURPOSES ONLY 5.1 The Website and Services must be used for legitimate commercial business purposes only. You agree to use the Website and Services in a way which does not abuse it or its functionality, or otherwise restrict or affect the ability of others to access and use the Website.
9. ACCOUNTS 9.1 Once you create an Account you will be required to select a unique username and choose a password for your Account. When creating your Account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your Account. You must ensure that no automated systems (including without limitation robots, spiders and offline readers) access the Website or are otherwise used in connection with it, and must keep your Account password confidential and secure. You must not disclose your Account password to any third party. You must notify the Company immediately if you suspect any unauthorised use of your Account or access to your passwords. You are solely responsible for any and all use of your Account, and accordingly, you are liable to the Company for any losses sustained by it as a result of any unauthorised use of your Account. For the avoidance of doubt, you acknowledge and agree that the Company assumes no responsibility or liability for losses caused by unauthorised use of your Account.
1. COMMUNICATIONS 1.1 By making an enquiry and providing your email address, you consent to the Company providing you with marketing, promotional and advertising materials and other communications regarding offerings which the Company considers may be of interest to you.
4.3 You represent and warrant that the information provided by you through your use of the Website does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party.
4.4 The Company may only use the information provided by you through your use of the Website in a way that does not disclose personal information to any third party, where personal information has the meaning given under applicable privacy laws.
5. PROHIBITED USE 5.1 Your use of the Website, Services, Company Content and the information you provide must not:
(a) Be false, inaccurate or misleading;
(b) Be fraudulent or deceptive;
(c) Infringe on any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights of publicity or privacy;
(d) Violate any applicable law (including those governing customer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) Be defamatory, threatening, harassing, unlawfully discriminative or offensive;
(f) Contain any viruses, trojan horses, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devise or other computer programming routines that may or are intended to damage, modify, delete, interfere with, intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website.
(g) Damage the integrity of the Website or Equine ID Solutions, or dilute, tarnish or otherwise harm our brand in any way;
(h) Breach or violate any of our policies;
(i) Use our Website in connection with the distribution of unsolicited commercial mail (“spam”) advertisements;
(j) Attempt to gain unauthorized access to the Website or networks connected to the Website; or
(k) Tamper with, hinder the operation of or make unauthorized modifications to the Website.
5.3 The Company expressly reserves the right to take any action deemed necessary in respect of any Prohibited Use or other illegal or unauthorised use of the Website by any person, including referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.
5.4 You must immediately notify the Company if you become aware or reasonably suspect that any user is engaging in Prohibited Use, or proposes to do so.
6. USER INTERACTIONS 6.1 You are solely responsible for your interactions with other persons via the Website generally. You acknowledge that the Company has no obligation to monitor your interaction with other users of the Website, and has no responsibility or other involvement in any dispute that may arise between you and another Website user.
9. DISCLAIMERS 9.1 The Company does not warrant that the Services, Website or Company Content will be error free, or that your use of the Services, Website or Company Content will be uninterrupted, or that the they will meet your requirements. Accordingly, you expressly acknowledge and agree that use of the Services, Website and Company Content is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Services, Website and Company Content is provided “as is”, with all faults and without warranty of any kind. Accordingly, the Company is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Website, including but not limited to any damage resulting from the access, download or use of Company Content or other material used by you as part of your use of the Website.
9.2 Further, the Company makes no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Website, and is not responsible for the loss of any material, data and information uploaded or submitted by you in your use of the Website.
9.3 The Company expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the Services, Products, Website and Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website. In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any information provided by you through your use of the Website or from your conduct, whether online or offline.
9.4 The Company may only use information provided by you through your use of the Website in a way that does not disclose the personal information of the customer to any third party, where personal information has the meaning given under applicable privacy laws.
(a) in the case of goods (including the Products), and at the sole option of the Company, either (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired;
(b) in the case of Services, where there is a minor problem and at the sole option of the Company, either (i) the replacement or the supply of equivalent Services; (ii) the repair of the minor problem;
(c) The Company expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the, Services, Products, Website and Company Content, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose. The Company cannot guarantee, and does not promise, any specific results from use of the Website or the Services or the Products. In no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any User Content submitted as part of the Website or from your conduct, whether online or offline.
12.2 You will inform the Company immediately upon becoming aware or suspecting that an unauthorised person has become aware of any Confidential Information.
12.3 You are permitted to disclose Confidential Information to such third parties as are strictly necessary, where you are required by law to do so (provided that you give the Company reasonable advance notice and opportunity to object to the requirement to disclose such information or obtain an appropriate order to protect its Confidential Information), or if the Confidential Information enters the public domain (other than as a result of a breach by you of your obligations under this clause).
14.3 You expressly agree and acknowledge that you are not authorised or permitted to bind the Company in any way whatsoever in relation to any contract or agreement with any third party.