Terms and Conditions

1. DEFINITIONS

In these Terms and Conditions:

"Terms and Conditions" means these terms and conditions;

"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 facilities:

(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 USERS

(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 Refund Policy

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 material form;

    (ii) the distribution of the material in any material form;

    (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 material form;

   (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 linked sites.  

6. DISCLAIMER

(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 Websites; and

    (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 representation that:

    (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 be corrected.

(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 again. 

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 information. 

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. 

10. COPYRIGHT

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 that material. 

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 facilities:

    (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 is refused)

(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. 

13. INDEMNITY

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 DELIVERY

Data

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 software..