Terms of Use

1. Use of website

   1. Welcome to www.marinewise.com.au (the “Website”). By using the Website you agree to be bound by the terms of use set out on this page (the “Terms of Use”).
   2. The Website is provided by Marinewise (MW). Marinewise.com.au is own and operated by Triple Mused Media Pty Ltd – ABN 21 615 341 038.

2. About the website

   1. This Website, and all information provided on it:
      1. is solely intended for your private use; and
      2. is intended only for use by users domiciled in Australia, and is not for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to any law or regulation or which would subject MW to any regulatory requirements in such jurisdiction; and
   2. It is your responsibility to be aware of the applicable laws and regulations in the jurisdiction from which you are accessing the Website and, if you choose to access the Website, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws.
   3. We make no representations that information on this Website is appropriate or available for use in any countries other than Australia. Users who access this Website from any jurisdiction other than Australia do so on their own initiative and risk and no warranty or representation of any kind is made in relation to compliance of this Website or the information thereon with the laws of any such jurisdiction.

3. MW’s Responsibilities

   1. MW tries to ensure that the information on the Website is accurate and helpful, however, it cannot ultimately warrant the accuracy of any information contained on the Website, particularly any information provided by third parties. MW cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with MW in writing. The Website is provided on an “as is” and “as available” basis. MW do not make any express or implied representations or warranties in respect of the Website and its contents (including, without limitation, warranties as to accuracy or completeness).
   2. Without limiting the generality of clause 3.1 we exclude (to the fullest extent permitted by law) any and all representations and warranties that the Website:-
      1. will be available or meet your requirements;
      2. will permit uninterrupted access or availability;
      3. will not be affected by, or allow any delays, failures, errors or omissions or loss of transmitted information;
      4. will not result in the transmission of any computer viruses; or
      5. will not result in any damage to your computer system as a consequence.

4. Links to third party sites

   1. The Website contains links to other websites independently maintained by third parties. MW is not responsible for: any websites linked from or to the Website; the content of those websites; the third parties named therein; or their products and services.
   2. MW will not be responsible for the legal consequences of your use of the third party site, or entering into any contracts with, or providing personal information to, third parties or liable for any loss or damages in connection with such linking. You are reminded that when you enter other websites via such links, you will not be subject to these Terms of Use and MW recommends that you familiarise yourself with the terms and conditions of linked websites.

5. Intellectual property rights

   1. All copyright, texts, images, photos, trademarks, design rights, database rights, rights in confidential information, goodwill and other intellectual property rights in the Website, including but not limited to the content, the layout and expression, all the computer programs and applications which have been developed by MW or its third party suppliers and which are used in delivering the Website including, without limitation, all source code, object code, algorithms and specifications related to such programs and applications, are owned by MW (and/or its third party suppliers) and may not be copied, transmitted, converted, transcribed or reproduced without the prior consent of MW except to the extent permitted within the scope of the licence to use the Website set out below.
   2. In particular, the trademarks displayed are registered and nothing contained in these Terms of Use or the Website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the trademarks without the prior written consent of MW. However, copying and printing of those web pages which contain the trademarks is permitted within the scope of the licence contained below.

6. Licence to use the website

   1. You may not reproduce part or all of the contents of the Website including texts, images, photos in any form without prior written consent of MW.
   2. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
   3. You may not frame or link to the Website or any part of it without the prior written consent of MW.

7. Data protection

   MW takes the protection of your personal data seriously and your use of the Website is subject to our Privacy Policy. By using the Website you agree to the terms of the Privacy Policy.

   MW does not store any user data collected from the website directly but instead relies on our hosting provider VentraIP to handle user data. User data is collected on SSL secured forms. This information is sent from MW via secure API as a JSON array to VentraIP at which point it is stored at their data centre.

8. Changes to the website and terms of use

   We may from time to time make changes to the Website, the content or any information posted on it (including, but not limited to, these Terms of Use). In addition we may from time to time add new services, or may start charging for some services which are currently free. We will be entitled to make any of these changes at our sole discretion, and without incurring any liability to you. It is up to you to check the Website and these Terms of Use regularly to make sure that you are aware of any such changes.

9. Exclusion and limitation of liability

   1. You acknowledge that you use the Website on a free-of-charge basis, and as such we exclude, to the fullest extent permitted by law, all liability for any loss, injury or damage, whether direct or indirect, special or consequential, caused by the Website arising in any way out of the use thereof.
   2. Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
   3. Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.

10. Governing law

    1. The interpretation, construction, effect and enforceability of these Terms of Use shall be governed by Australian Law, and you and we agree to submit to the jurisdiction of the Australian courts for the determination of disputes.
    2. If any provision of these Terms of Use shall be held unlawful, void or unenforceable for any reason then such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

For questions comments or concerns please contact compliance@marinewise.com.au