In these Terms and Conditions:
"Terms and Conditions" means these terms and
"Tidetech" means the owner of the Website, Tidetech
Commercial Marine Pty Ltd.
"Website" means www.Tidetech.org;
"WWW" means the World Wide Web.
2. ACCEPTABLE USE POLICY
These terms explain the terms under which Tidetech
Commercial Marine Pty Ltd (referred to as “we”, “us” and “our”) permits you to:
(a) access and use Tidetech.org (“our site”)
(b) access and use our application programming
interface and programming language (referred to as “our API”)
This acceptable use policy applies to all users of our site,
our API and/or our services. Together, our site, our API and our services, are
referred to in these terms as “our facilities”.
Your use of any of our facilities means that you accept and
agree to abide by these terms and conditions.
(a) The Website is available for you to
access conditional on your acceptance without alteration of these Terms and
Conditions. By continuing to access this Website you are agreeing to these
Terms and Conditions.
(b) These Terms and Conditions may be
varied or modified from time to time at the sole discretion of Tidetech without
providing notice of such a variation to you.
You may only use our facilities for your own lawful business
purposes or outlined in our written contractual arrangements.
You may not sell, resell, rent or lease material from our
site, or obtained from use of our facilities. You may not use any of our
(a) in any way that is unlawful or
fraudulent, or has any unlawful or fraudulent purpose or effect
(b) to damage, harm or harass us or
another person (be it an organisation or a human)
(c) for unsolicited or
unauthorised advertising, promotions or solicitation (spam)
Unless you are a paying user of our facilities, you may not
publish online, or distribute to other people, the data that you obtain through
use of any of our facilities. Paying users of our facilities may use the data
available through us but only in accordance with the terms applicable to that
data as outlined herein or as separately agreed with us in writing.
3. ORDERING PROCEDURES FOR INDIVIDUALS AND PRIVATE
(a) You may offer to purchase the products described on this
Website for the price specified on this Website.
(b) Your order must contain your name, email address, credit
card details and any other ordering information specified on this Website.
(c) You may not cancel an order once it has been submitted,
even if our acceptance or rejection of your offer is still pending.
(d) Payment must be effected in the manner described on the
Website. Prices are exclusive of taxes, duties and charges imposed or levied in
Australia or overseas in connection with the supply of goods.
(e) Where subscriptions are recurring, payment will be taken
from your account at specified intervals unless cancelled by you. It is your
responsibility to manage any recurring subscriptions on your account.
(f) You can login to your dashboard at any time to
view, modify or cancel your subscription.
(g) For more information, see our
4. USE OF MATERIAL ON THE WEBSITE
(a) Except for the limited use set out in clause 4(b) or
those uses expressly agreed to in writing by us, you may not use the Website or
the material contained on it, for any unauthorised purpose, including:
(i) the reproduction of the material in any
(ii) the distribution of the material in any
(iii) re-transmission of the material by any
medium of communication; and
(iv) uploading and/or reposting the material
to any other site on the WWW.
(b) Notwithstanding the above restrictions on use of the
material on the Website, you may download material from the Website for your
personal non-commercial use provided you do not remove any copyright and trade
mark notices contained on the material.
(c) You may not modify or copy:
(i) the layout of the Website; and
(ii) any computer software and/or code
contained in the Website.
(d) Tidetech reserves all intellectual property rights
including, but not limited to, copyright in material and/or services provided
by it. The material provided on the Website is provided for personal use only
and may not be:
(i) re-sold and/or re-distributed in any
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media.
5. LINKS TO OTHER WEBSITES
The Website contains links to sites on the WWW owned and
operated by third parties which are not under the control of Tidetech and in
relation to such sites, Tidetech:
(a) provides the links to other sites as a convenience to
you and the existence of a link to other sites does not imply any endorsement
by Tidetech of the linked site; and
(b) is not responsible for the material contained on those
(a) The material provided by Tidetech on this Website is
provided pursuant to these Terms and Conditions and is provided in good faith.
You accept that any information provided by Tidetech is general information and
is not in the nature of advice.
(b) Tidetech provides and interprets data supplied by third
parties and to the extent permitted by law gives no warranty, guarantee or
representation about the accuracy, reliability or timeliness or otherwise, of
the information contained on the Website and/or linked sites on the WWW.
(c) To the full extent permitted by law Tidetech disclaims
any and all warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness or
otherwise of any information contained or referred to on the Website and/or of
any linked sites; and
(ii) merchantability or fitness for any
particular purpose for any service or product contained or referred to on the
Website and/or on any linked sites.
(d) Tidetech will not be liable under any
circumstances for any loss of profits or any damages of any kind recognised by
law (even if it has been advised of the possibility of such loss of profits or
damages) which are the consequence of you:
(i) acting, or failing to act, on any
information contained on or referred to on the Website and/or any of the linked
(ii) using or acquiring, or your inability to
use or acquire, any service or product contained or referred to on the Website
and/or any linked sites.
(e) Tidetech does not warrant guarantee or make any
(i) the Website, or the server that makes the
site available on the WWW are free of software viruses;
(ii) the functions contained in any software
contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will
(f) Tidetech is not liable to you for:
(i) errors or omissions in the Website, or
linked sites on the WWW;
(ii) delays to, interruption of or cessation of
the services provided in the Website, or linked sites; and whether caused
through negligence of Tidetech, its employees or independent contractors, or
through any other cause.
7. LIMITATION OF LIABILITY
To the full extent permitted by law Tidetech’s liability for
any implied warranty or condition is limited, at the choice of Tidetech, if the
breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied
8. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be
guaranteed as totally secure. Whilst Tidetech strives to protect such information,
it does not warrant and cannot ensure the security of any information which you
transmit to this Website. Accordingly, any information which you transmit to Tidetech
is transmitted at your own risk. Nevertheless, once Tidetech receives your
transmission, it will take reasonable steps to preserve the security of such
9. RESTRICTED USE
Unless Tidetech agrees otherwise in writing, you are
provided with access to the Website on the basis that you are the registered
member. Without limiting the foregoing, you may not without the written
permission of Tidetech on-sell information obtained from this Website.
Copyright in this Website (including text, graphics, logos,
icons, sound recordings and software) is owned or licensed by Tidetech.
Information procured from a third party may be the subject of copyright owned
by that third party. Other than for the purposes of, and subject to the
conditions prescribed under, the Copyright Act 1968 (Cth) and similar
legislation which applies in your location, and except as expressly authorised
by these Terms and Conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display,
perform, publish or create derivative works from any part of this Website; or
(b) commercialise any information, products or services
obtained from any part of this Website, without the written permission of Tidetech
or, in the case of third party material, from the owner of the copyright in
11. SUSPENSION OR TERMINATION OF ACCESS
Tidetech may terminate access to the Website at any time
without giving any explanation or justification for the termination of access,
and Tidetech has no liability for any costs, losses or damages of any kind
arising as a consequence of terminating access to the Website.
We may suspend access or use to any portion or all of our
facilities at any time if we decide that:
(a) you or another user’s use of our
(i) poses a security risk to
us, you, or another person
(ii) may adversely impact our
facilities, the data available through our facilities (“the Data”, as further
described in the website terms), the Data providers, you, or any other person
(iii) may cause us, you, or any
other person to incur a liability
(b) you are in breach of these terms, the
website terms or API terms,and/or the Data license terms, including if you
haven’t paid us any amount you owe us when it is due (such as if a card payment
(c) it is required by law
Suspension will be carried out in accordance with the
website terms and/or our applicable contractual terms.
12. RELEVANT JURISDICTION
(a) If any part of these Terms and Conditions is found to be
void, unlawful, or unenforceable then that part will be deemed to be severable
from the balance of these Terms and Conditions and the severed part will not
affect the validity and enforceability of any remaining provisions.
(b) These Terms and Conditions will be governed by and
interpreted in accordance with the law of Australia without giving effect to
any principles of conflicts of laws.
(c) You agree to the jurisdiction of the courts of Australia
to determine any dispute arising out of these Terms and Conditions.
You will at all times indemnify and keep indemnified Tidetech
and its respective officers, employees and agents (“Those Indemnified”) from
and against any loss (including reasonable legal costs and expenses) or
liability incurred by any of Those Indemnified arising from any claim, demand,
suit, action or proceeding by any person against any of Those Indemnified where
such loss or liability arose out of, in connection with or in respect of any
breach of these Terms and Conditions by you.
14. TIDETECH OPERATING POLICY AND CONDITIONS OF
We will endeavour to make available the latest data to the
users / subscribers for download, but we can make no guarantee as to the
availability of 3rd party data which may be subject to occasional outages for
technical reasons and is therefore not within our control.
Tidetech specialist services
We will make available the latest data and specialist
analysis to users / subscribers by email and/or by download from our website,
subject to the provision of a functional email address provided by the user.
Users must confirm receipt of the email to Tidetech.
Tidetech does not take responsibility for the user not being
able to receive the data due to transmission errors/inability to access the WWW
by the user.
3rd party software
It is the user’s responsibility to ensure that the software
using Tidetech produced data is capable of supporting the data format we
supply. Tidetech is unable to provide technical support for 3rd party