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.
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 firstname.lastname@example.org. 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.