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Terms of Use

This engagement hub is hosted for the Department Of Water by Bang the Table Pty Ltd.


1.1. the Department of Water (DoW) and Bang the Table Pty Ltd (ACN 127 001 236) (BTT) welcome you to the engagement hub at (the Site).


2.1. This site is provided subject to the terms and conditions which include these terms of use (TOU), the Privacy Notice, the Department of Water Privacy Statement, Department of Water Disclaimer/Copyright statement and any other terms and conditions that appear in or are linked to the Department of Water website.

2.2. Before you access the Site, it is important that you understand and agree to the TOU.

2.3. We may change the TOU from time to time without notice to you. You must regularly review the latest version of the TOU, as it will be the terms upon which you access the Site at all times. The most recent version of the TOU can be seen in this Terms and Conditions Page. Any subsequent access to, or use by you, of the Site will constitute an acceptance of these TOU as they appear at that time.

2.4. In addition, when using particular services accessible from the Site, you and we will be subject to the most up to date version of any terms of use, guidelines or rules that are posted as applying to those services and are hereby incorporated by reference into the TOU.

2.5. Please contact us at if you see anything that violates the TOU.


3.1. The Site presents information provided by users of the site. We make no representations as to the accuracy of the information presented at or via the Site that has not expressly originated with us.

3.2. By using the Site you agree that DoW or BTT and any of its subsidiaries or related bodies corporate or any of their employees or agents are not responsible for:

a) the accuracy or otherwise of the information displayed or omitted from the Site or Linked Sites;

b) any person's reliance on the information presented on the Site or on Linked Sites;

c) any loss in connection with the use of the Site or any Linked Site.


4.1. To participate in the Site you must be a registered user. You agree to:

a) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the Registration Data) and

b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.

4.2. As part of the Registration Data, you must provide us with your name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, we may suspend or terminate your account and refuse any and all current or future use of the Site, or part of it.


5.1. Registration Data and certain other personal information about you is subject to the DoW Privacy Statement and the BTT Privacy Policy. For more information, please see the Dow Privacy Statement and the BTT Privacy Policy.


6.1. After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You agree that:

a) you are responsible for maintaining the confidentiality of your password and account;

b) you are fully responsible for all activities that occur under your password or account;

c) you must immediately notify us of any unauthorised use of your password or account or any other breach of security;

d) you must create no more than one user account at the Site;

e) we, or our agents, may require access to your user account to respond to service or technical issues;

f) subject to legislative conditions, the DoW may send emails, newsletters and other information to your user account.


7.1 You understand and agree that:

a) all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated;

b) you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these TOU.

c) you are prohibited from:

i. posting Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;

ii. posting Content that could harm the reputation of a person or organisation;

(iii) posting Content that compromises the privacy of any person or post inappropriate personal information;

(iv)  posting Content that may be abusive, offensive, promotes violence, pornographic or otherwise indecent or defamatory of any person;

(v) posting Content that may be false, misleading or deceptive;

(vi) transmitting Content that is or includes unsolicited or unauthorised advertising, promotional materials, junk mail, spam , chain letters , pyramid schemes, surveys, contests or any other form of solicitation;

(vii) transmitting Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(viii) transmitting Content that harms minors in any way;

(ix) impersonating any person or entity, including without limitation a DoW or BTT representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity including but not limited to DoW or BTT;

(x) creating a false identity for the purpose of misleading others as to your identity or the originator of a message;

(xi) interfering with or disrupting the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(xii) attempting to gain unauthorised access to the Site, other user accounts, computer systems or networks, through password mining or any other means;

(xiii) intentionally or unintentionally violate any applicable law including without limitation laws of Australia and any regulations having the force of law;

(xiv) "stalking" or otherwise harass another user;

(xv) interfering with another user's use and enjoyment of the Site;

(xv) collecting or storing personal data about other users of the Site; or

(xvi) making any unauthorised commercial use of the Site.

7.2. You also acknowledge and agree that:

a) we do not generally pre-screen or monitor Content or use of the Site, but that we and our designated agents have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Site.

b) you retain all intellectual property rights in your Content. You grant us an irrevocable, royalty free, perpetual, worldwide licence to use, modify, transmit, communicate to the public, reproduce and sub-licence your Content in any form, including on the Site and in any print or electronic publication.

c)  you warrant that all Content provided is true and correct and that your own original creation and work, and does not infringe the rights (including copyright) of any other person.  You agree to indemnify us in relation to any loss or damage resulting from any breach of this warranty.

d) you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

e) we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to:

i. comply with an obligation;

ii. enforce the TOU;

iii. respond to claims that any Content violates the rights of third parties; or

iv. protect the rights, property, personal safety, or business interests of Bang the Table, users of the Site or the public.

f) the technical processing and transmission of the Site, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

7.3. You agree to comply by the moderation rules


8.1. In many situations, we allow users the freedom to use the Site and therefore have no control over the Content of the Site. You agree to indemnify and hold DoW, BTT, and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

a) Content you submit, post to or otherwise transmit through the Site,

b) your use of or connection to the Site,

c) your violation of the TOU, or

d) your violation of any other's rights.


9.1 You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site.

9.2 You acknowledge that Bang the Table:

a) is entitled to log off any account that is inactive for an extended period of time;

b) is entitled to change these general practices and limits at any time,

c) may, in its absolute discretion, with or without notice to you delete, modify or otherwise deal with any Content stored at the Site and any of your user profile information or account at the Site.


We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.


11.1. You agree that Bang the Table may, in our sole discretion and with or without notice to you, terminate your password, account or use of the Site (or any part), and remove and discard any Content within the Site for any reason including without limitation, where a breach of copyright has been reported.

11.2. You agree that we may in our sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.

11.3. You agree that termination of your access to the Site under any provision of these TOU may occur without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/ or bar any further access to such files or the Site.

11.4. If your account or access to the Site is terminated for any reason, you must immediately cease using the Site and Software. Termination does not affect any of our accrued rights or liabilities.


12.1. Your communications or dealings with, or participation in promotions of, third parties found at or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third parties

12.2. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.


13.1. You acknowledge and agree that:

a) the Site and any necessary software used in connection with the Site, including but not limited to the software known as Engagement HQ™, (the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and

b) the Content contained in sponsor advertisements or information presented to you via the Site or via third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

13.2. Except as expressly authorised by us or third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

13.3. You agree not to access the Site by any means other than through the website and interfaces that are provided by Bang the Table for use in accessing the Site.


14.1. You expressly understand and agree that:

a) your use of the Site is at your sole risk;

b) the Site is provided on an "as is" and "as available" basis.

14.2. We expressly disclaim all warranties of any kind capable of exclusion whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14.3. We make no warranty that:

a) the Site will meet your requirements;

b) the Site will be uninterrupted, timely, secure, or error-free;

c) the results that may be obtained from the use of the Site will be accurate or reliable;

d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and

e) any errors in the Software will be corrected.

14.4. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage incurred as a result of your use of the Site, including but not limited to damage to your computer system or loss of data that results from the download of any such material.

14.5. No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in the TOU.


15.1. You understand and agree that we, our related bodies corporate and the employees and agents of each are not, under any circumstances, liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if we have been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

a) the use of, or the inability to use the Site;

b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Site;

c) unauthorised access to or alteration of your transmissions or data;

d) statements or conduct of any third party on the Site; or

e) any other matter relating to the Site.

f) you specifically acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

15.4. In no event will we be liable for any loss of profits, cost of cover, loss of data, or any special, incidental, indirect or consequential (or similar) damages under the laws of any jurisdiction, however caused and on any theory of liability (including negligence) arising out of or related to your use of the Site.


16.1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. This TOU excludes warranties and limits or excludes liability for incidental or consequential damage to the full extent allowed by the law of the applicable jurisdiction.


17.1. Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -

a) if delivered by hand to the postal address provided in your Registration Details, when delivered;

b) if delivered by prepaid ordinary post to the postal address provided in your Registration Details, on the second business day after posting; and

c) if delivered by facsimile to the facsimile provided in your Registration Details, upon completion of transmission and receipt by the sender of the appropriate transmission report; and

d) if delivered by email to the email address provided in your Registration Details, one business day after sending.

17.2 We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site.


18.1. The Department of Water and Bang the Table trade marks, and other logos and product and service names are trade marks of each applicable party.

18.2. You agree not to display or use any trademark, logo product or service name referred to above in any manner without our prior permission.


19.1. We respect the intellectual property of others, and we require our users to do the same. Without limiting section 7.2 of the TOU, if you believe that your work has been copied in a way that constitutes copyright infringement, please let us know.

19.2. When using the Site you may provide us with information about yourself or other matters. You grant us rights to use or otherwise exploit all of this information, and all information derived or generated from it, in all existing or future media. These rights include without limitation the right to search the information, and, consistent with our privacy policy, to repackage and market it to anyone for any reason.

19.3. Reference to information in this clause 19 includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented by you on the Site.


20.1. From time to time Your say WA Water will send you emails providing you with information about consultations in which you have participated or consultations and websites in which you might be interested based on your past site activities.

20.2. You consent to receive these emails though this does not affect your ability to opt out of receiving emails by activating the 'opt out' option included in each email.


21.1. The TOU constitute the entire agreement between you and us, and governs your use of the Site, superseding any prior agreements between you and us.

21.2. You will be subject to additional terms and conditions that may apply when you use the Linked Sites, affiliate services, third party content or third party software.

21.3 The TOU and the relationship between you and us is governed by the laws of the State of Western Australia without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Western Australia.

21.4. Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.

21.5. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted to the extent of its invalidity but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

21.6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one year after the claim or cause of action arose, or be forever barred.

21.7. Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission , and which may be withheld in our absolute discretion.

21.8. Headings in the TOU are for convenience only and do not affect interpretation.

21.9. We reserve the right to change these TOU from time to time without prior notification of users.

21.10. This site is hosted for WA Department Of Water by Bang the Table Pty Ltd.