BATHYMAPS

Warnings

BathyMaps products are not to be used for navigation

ACKNOWLEDGEMENTS & ATTRIBUTIONS

ACKNOWLEDGEMENTS & ATTRIBUTIONS

ACKNOWLEDGEMENT OF THIRD PARTY NOTICES AND COPYRIGHT LICENSES:

BathyMaps use data from the following sources under Creative Commons Attribution 4.0 International Licence; Bathymetry data source; Bathymetry data citation Beaman, R.J. 2017. High-resolution depth model for the Great Barrier Reef - 30 m. Geoscience Australia, Canberra.

The following data was sourced from eAtlas and GBRMPA via the publically available WMS service; Marine Park Zones, Seagrass Sites, Sediment Sites and Reef Names.

Terms of Service

TERMS OF SERVICE

The User who uses the BathyMaps website for mobile “Boating” devices (“User”) declares and accepts that he/she is bound by the terms of use set forth in this Agreement (“Agreement”). Absent any such acceptance, the Agreement may not be deemed finalised and, consequently, the User shall not be authorised to use the Platform. NB: BATHYMAPS, BASED ON IT'S DATA AS WELL AS ON OTHER SOURCES, PROVIDE ASSISTANCE FOR RECREATIONAL FISHING AND ARE DESIGNED TO FACILITATE THE USERS SEARCH FOR FISHING LOCATIONS AND NOT FOR NAVIGATION. ONLY OFFICIAL NAUTICAL CHARTS AND NOTICES FOR NAVIGATORS CONTAIN ALL THE INFORMATION NECESSARY FOR SAFE NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS RESPONSIBLE FOR PROPER USE OF SAME.

OVERVIEW This website is operated by BathyMaps. Throughout the site, the terms “we”, “us” and “our” refer to BathyMaps. BathyMaps offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing a BathyMapsPro or PaleoMapsPro (our plans), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to our plans shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - WEBSITE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2.1 - GENERAL CONDITIONS By accepting this Agreement, the User acquires the right to use the free maps freely available on the Site (“Services”), by way of example: viewing the free bathymetry maps to aid in recreational fishing pursuits and viewing tutorial videos to aid in recreational fishing pursuits. In order to use some of the premium services it will be necessary to make periodic payments (“Premium Services”) or purchase a subscription having a duration of one year (“Subscription”). The User may purchase BathyMaps Premium at www.bathymaps.com.au. The Premium Services which the User may use may include: a mapping application; mapping tools such as coordinate finders, scales, measuring tools and geolocation; bathymetry data; other data including marine park zoning, seagrass sites, sediment sites, indicative paleochannel data and contours; tutorial videos. Purchasing our plans does not include the purchase of the bathymetry data provided in our plan. The bathymetry data is publicly available data and is used by our plans but it is not sold by BathyMaps. BathyMaps sells the applications designed and built by BathyMaps, which does not include some information that is included in our plans. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2.2 - USER ACCOUNT Users must create a personal, unique Account using Memberspace (www.memberspace.com)(memberspace manage memberships on behalf of BathyMaps) to which a unique Username and password will be associated (“Account Credentials”). The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are subject to the utmost confidentiality and the User accepts liability for any loss or damage to BathyMaps and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through same and undertakes not to allow access to the Platform or to the Premium Services to others through the use of his or her Account Credentials or in any manner through his or her Account. The User is required to provide BathyMaps with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes: (i) not to provide false information; (ii) not to create false or duplicate Accounts; (iii) to update their personal information whenever requested in order to comply with the provisions of this Agreement; (iv) not to share or transfer the Account Credentials; (v) not to adopt as the Username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality BathyMaps shall be entitled to suspend the registration or the Account until such time as the critical aspect arising with regard to the aforementioned name is resolved).

SECTION 2.3 - Use of the Services and Premium Services BathyMaps undertakes to ensure that the Platform remains active and to render it accessible through the Site, providing technical assistance in order to resolve problems relating to use of the Account due to Platform problems attributable to BathyMaps, through the email Account thomas@bathymaps.com.au. Given the characteristics of the Services and the Premium Services, the User acknowledges that BathyMaps will not be accountable for problems in accessing the Platform due to causes which are not directly connected to BathyMaps’ activities or for which it is responsible and, specifically: (i) problems relating to connectivity and continuity of Internet traffic available to the User; (ii) problems relating to the User’s IT systems; (iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers or GPS plotters) are not compatible or fast enough to allow use of the Services; (iv) interruption of access to the User’s Internet network; (v) non-compatibility between the User’s mobile device browser and the Platform; (vi) any other event which may compromise the User’s access to the Services, the Premium Services or the Platform (and in any case use of same) which is not caused by BathyMaps. Through use of the Services or the Premium Services, the User may encounter differences between the real conditions and those indicated in the maps and any other data which is accessible through the Platform. The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platform and its functions, according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of same. The Platform may include links to third-party websites which are not controlled or managed directly by BathyMaps (by way of example, websites that manage subscriptions on behalf of BathyMaps). BathyMaps is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties. Some of the Services and Premium Services are available on mobile devices. The User undertakes to pay the utmost attention in order to ensure safe use and in compliance with applicable laws, with particular regard to the maritime code and laws put in place to protect one’s own safety and the safety of others, and the User acknowledges that neither the Services nor the Premium Services replace authorised government maps which, together with warnings to navigators, contain all information necessary for safe navigation. Any log generated or viewed on the Platform is to be considered solely as a suggestion for planning fishing activities and must not be used for direct navigation.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our plans are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - BILLING AND ACCOUNTS We reserve the right to refuse any subscription you place with us. These restrictions may include subscription placed by or under the same customer account and the same credit card. In the event that we make a change to or cancel an subscription, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit subscription that, in our sole judgment, appear to be placed by dealers, resellers or distributors. The puchase pf subscriptions are managed by Memberspace (www.memberspace.com) on behalf of BathyMaps using Stripe (https://stripe.com/au). Subscriptions involve a reoccuring payment each year at the anniversay of the initial purchase however a subscription can be cancelled at anytime by a user/customer. If a subscription is cancelled, access to BathyMaps premium services purchased by the user/customer will be also be cancelled. You agree to provide current, complete and accurate purchase and account information for all subscription purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy. BathyMaps Refund Policy - Refunds will be considered on a case by case basis. - Changing your mind is not a reasonable excuse for a refund. - Refunds will not be provided for the following reasons; (i) problems relating to connectivity and continuity of Internet traffic available to the User; (ii) problems relating to the User’s IT systems; (iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers or GPS plotters) are not compatible or fast enough to allow use of the Services; (iv) interruption of access to the User’s Internet network; (v) non-compatibility between the User’s mobile device browser and the Platform; (vi) any other event which may compromise the User’s access to the Services, the Premium Services or the Platform (and in any case use of same) which is not caused by BathyMaps. - Refunds will be provided based on the amount of time left in the yearly subscription. For example, if a refund is approved and you bought your subsciption in 1 January and it is 1 November when the refund is approved, you will be refund for the period of 1 Novembr to 1 January.

SECTION 6 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 7 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 9 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. Our privacy policy is provided below: Bathymaps Privacy Policy - Your personal information collected includes the information used to sign up to and pay for our plans. - Personal information collected includes your name, email address and credit card details. - BathyMaps does not store this information, this information is collected and stored by third party services including Memberspace and Stripe. - BathyMaps has access to this personal information, except for credit card details. - BathyMaps is not responsible for the storage or use of this personal information, refer to Memberspace at www.memberspace.com and Stripe privacy policies. SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains data errors, inaccuracies or omissions that may relate to our plans, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 11 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall BathyMaps, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 13 - INDEMNIFICATION You agree to indemnify, defend and hold harmless BathyMaps and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 14 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 15 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 16 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 17 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7 Oliver Close, Gordonvale, QLD, 4865, Australia. SECTION 18 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 19 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at thomas@bathymaps.com.au.