Terms & Conditions of use Yacht Safe

/Terms & Conditions of use Yacht Safe
Terms & Conditions of use Yacht Safe 2017-07-21T07:50:47+00:00

Terms and Conditions

USE OF THE WEBSITE

By using the Yacht Safe website, you agree to the terms and conditions for the use of the Yacht Safe website and the Yacht Safe Application.

You: means Yacht Safe registered yacht clubs, and their administrators, auditors, and boat owners with registered Yacht Safe accounts.

REQUIREMENTS FOR USE OF THE YACHT SAFE SERVICE

Only members of Yacht Safe registered Yacht Clubs can create accounts.

Use of the Yacht Safe Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility.

YOUR ACCOUNT

As a registered user of the Yacht Safe Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Your club administrator or Yacht Safe of any security breach of your Account. Yacht Safe shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Yacht Safe Service (“Yacht Safe Registration Data”), and you agree to update your Yacht Safe Registration Data to keep it accurate and complete. You agree that Yacht Safe may store and use the Registration Data you provide for use in maintaining and billing fees to your Club’s Account.

USE OF CONTENT

You agree that the Yacht Safe Service include security technology that limits your use of Yacht Safe services and that, whether or not Yacht Safe services are limited by security technology, you shall use Yacht Safe services in compliance with the applicable usage rules established by Yacht Safe and, and that any other use of Yacht Safe’s services may constitute a copyright infringement. Any security technology is an inseparable part of the Yacht Safe services. Yacht Safe reserves the right to modify the Usage Rules at any time. Except to the extent that applicable laws prevent Yacht Safe restraining you from doing so, you agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, to interfere with, remove or alter any rights management information on the Yacht Safe services – or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Yacht Safe for compliance purposes, and Yacht Safe reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Yacht Safe Service by any means other than through software that is provided by Yacht Safe for accessing the Yacht Safe Service. You shall not access or attempt to access an Account that you are not authorized to access. Except to the extent that applicable laws prevent Yacht Safe restraining you from doing so, you agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Yacht Safe Service. Violations of system or network security may result in civil or criminal liability.

USAGE RULES

(i) You shall be authorized to use Yacht Safe Products only for personal, noncommercial use. For details of your rights and restrictions on your rights to use the Yacht Safe Products, see:

http://www.copyright.org.au; or
http://www.ipaustralia.gov.au/ip/copyright.shtml; or
http://www.copyright.asn.au.

INTELLECTUAL PROPERTY

You agree that the Yacht Safe Service, including but not limited to Yacht Safe Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Yacht Safe Service, contains proprietary information and material that is owned by Yacht Safe and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Yacht Safe Service in compliance with this Agreement. No portion of the Yacht Safe Service may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent Yacht Safe restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Yacht Safe Service in any manner, and you shall not exploit the Yacht safe Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, Yacht Safe reserve the right to change, suspend, remove, or disable access to any Yacht Safe Products, content, or other materials comprising a part of the Yacht Safe Service at any time without notice. In no event will Yacht Safe be liable for making these changes. Yacht Safe may also impose limits on the use of or access to certain features or portions of the Yacht Safe Service, in any case and without notice or liability.

All copyrights in and to the Yacht Safe Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Yacht Safe, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE YACHT SAFE SERVICE, EXCEPT FOR USE OF YACHT SAFE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Yacht Safe, the Yacht safe logo, and other trademarks, service marks, graphics, and logos used in connection with the Yacht Safe Service are trademarks or registered trademarks of Yacht safe and/or Yacht Safe Ltd. Other trademarks, service marks, graphics, and logos used in connection with the Yacht Safe Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

TERMINATION

If you fail, or Yacht Safe suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Yacht Safe, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Yacht Safe Service (or any part thereof).

Yacht Safe reserves the right to modify, suspend, or discontinue the Yacht Safe Service (or any part or content thereof) at any time with or without notice to you, and, to the full extent permitted by law, Yacht Safe will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

YOU MAY HAVE RIGHTS UNDER STATUTORY CONSUMER PROTECTION LAWS INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CWTH). THE FOLLOWING DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS APPLY SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER SUCH LAWS.

YACHT SAFE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YACHT SAFE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME YACHT SAFE MAY REMOVE THE YACHT SAFE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE YACHT SAFE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT YACHT SAFE’S LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE YACHT SAFE SERVICE IS AT YOUR SOLE RISK. THE YACHT SAFE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE YACHT SAFE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL YACHT SAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ITUNES SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE YACHT SAFE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YACHT SAFE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

YACHT SAFE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE YACHT SAFE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YACHT SAFE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

YACHT SAFE DOES NOT REPRESENT OR GUARANTEE THAT THE YACHT SAFE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YACHT SAFE DISCLAIMS ANY LIABILITY RELATING THERETO.

CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON APPLE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH YACHT SAFE IS ENTITLED TO DO SO, YACHT SAFE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO.

WAIVER AND INDEMNITY

BY USING THE YACHT SAFE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD YACHT SAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE YACHT SAFE SERVICE, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY YACHT SAFE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM YACHT SAFE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE YACHT SAFE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF YACHT SAFE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

CHANGES

Yacht Safe reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Yacht Safe Service. Such modifications and additional terms and conditions will be effective immediately upon notice to you and incorporated into this Agreement. Your continued use of the Yacht Safe Service will be deemed acceptance thereof.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Yacht Safe and governs your use of the Yacht Safe Service, superseding any prior agreements between you and Yacht Safe. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Yacht Safe’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Yacht Safe will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Yacht Safe Service is operated by Yacht Safe from its offices in Australia. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Yacht safe Service. All transactions on the Yacht Safe Service are governed by the laws of Victoria, without giving effect to its conflict of law provisions. Your use of the Yacht safe Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Yacht Safe or relating in any way to your use of the Yacht Safe Service resides in the courts of Australia. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Australia upon electronic transmission to the recipient.

Yacht Safe reserves the right to take steps Yacht Safe believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Yacht Safe has the right, without liability to you, to disclose any Yacht Safe Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Yacht Safe believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Yacht Safe’s right to cooperate with any legal process relating to your use of the Yacht Safe Service and/or Yacht Safe Products, and/or a third-party claim that your use of the Yacht Safe Service is unlawful and/or infringes such third party’s rights.

Last Updated: October 19th, 2015.

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