Terms of Service

1. Acceptance of Terms

Welcome to World Marina & Route Guide Australia. These Terms of Service ("Terms") govern your use of our website at claim-genieace.com and all related services, features, and content provided by World Marina & Route Guide Australia ("we," "our," or "us").

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services. These Terms constitute a legally binding agreement between you and World Marina & Route Guide Australia.

2. Description of Services

World Marina & Route Guide Australia provides comprehensive marine navigation information and services for Australian waters, including:

• Marina Directory: Information about marinas, facilities, and services across Australia
• Route Planning: Navigation guidance and route recommendations
• Weather Information: Marine weather updates and forecasts
• Safety Resources: Safety guides, emergency procedures, and navigation tips
• Educational Content: Articles, guides, and expert advice on marine navigation
• Newsletter Services: Regular updates via email subscription

Our services are designed to assist mariners with information and guidance for safe navigation in Australian waters.

3. User Accounts and Registration

3.1 Account Creation

Some features of our services may require you to create an account or subscribe to our newsletter. When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibilities

You are responsible for all activities that occur under your account. You agree to:

• Use your account only for lawful purposes
• Not share your account credentials with others
• Not create multiple accounts for the same individual
• Comply with all applicable laws and regulations

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services for personal, non-commercial purposes related to marine navigation and boating activities. Commercial use requires our prior written consent.

4.2 Prohibited Uses

You agree not to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Distribute malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt our services or servers
• Use automated scripts or bots to access our services
• Copy, reproduce, or distribute our content without permission
• Use our services for spam, phishing, or other fraudulent activities
• Impersonate any person or entity
• Collect or harvest information about other users
• Use our services in any way that could damage our reputation

5. Intellectual Property Rights

5.1 Our Content

All content on our website, including text, graphics, logos, images, software, and other materials, is owned by or licensed to World Marina & Route Guide Australia and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for personal, non-commercial purposes. This license does not include the right to:

• Modify, copy, distribute, or create derivative works
• Reverse engineer or attempt to extract source code
• Remove or alter copyright notices or proprietary markings
• Use our content for commercial purposes without permission

5.3 User Content

If you submit content to our services (such as comments or feedback), you grant us a non-exclusive, royalty-free, worldwide license to use, modify, and distribute such content in connection with our services.

6. Disclaimers and Limitations

6.1 Information Accuracy

IMPORTANT SAFETY NOTICE: Our services provide general information and guidance for marine navigation. However:

• Information may not always be current, complete, or accurate
• Conditions change rapidly in marine environments
• Our information should not be the sole basis for navigation decisions
• Always use official navigation charts and current notices to mariners
• Verify all information through official sources before relying on it

6.2 Navigation Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

• Safe navigation of your vessel
• Verifying all navigation information
• Maintaining appropriate safety equipment
• Making appropriate navigation decisions
• Compliance with all maritime laws and regulations

6.3 Service Availability

We strive to maintain consistent service availability but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Internet connectivity issues
• Force majeure events

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

7.1 Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation
• Freedom from viruses or other harmful components

7.2 Limitation of Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Personal injury or property damage
• Navigation errors or accidents

7.3 Maximum Liability

Our total liability to you for all claims arising from your use of our services shall not exceed the amount you have paid us in the twelve months preceding the claim, or $100 AUD, whichever is greater.

8. Indemnification

You agree to indemnify, defend, and hold harmless World Marina & Route Guide Australia, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your negligent or wrongful conduct
• Navigation decisions based on our information

9. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our services. By using our services, you agree to the collection and use of information in accordance with our Privacy Policy.

Please review our Privacy Policy for detailed information about our privacy practices.

10. Termination

10.1 Termination by You

You may terminate your account or stop using our services at any time. If you have subscribed to our newsletter, you may unsubscribe using the link provided in our emails.

10.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Pose a security risk to our services
• Interfere with other users' enjoyment of our services

10.3 Effect of Termination

Upon termination:

• Your right to use our services will cease immediately
• We may delete your account and associated data
• Sections of these Terms that should survive will remain in effect

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending notification to your registered email address
• Displaying a prominent notice on our website

Your continued use of our services after changes become effective constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using our services.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to attempt to resolve any disputes informally. Please contact us at:

• Email: [email protected]
• Phone: +61 3 9642 5678

13.2 Formal Disputes

If informal resolution is unsuccessful, disputes may be resolved through:

• Mediation through a mutually agreed mediator
• Arbitration under the Australian Commercial Arbitration Act
• Court proceedings in Victoria, Australia

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and World Marina & Route Guide Australia regarding your use of our services and supersede all prior agreements and understandings.

16. Contact Information

For questions about these Terms, please contact us:

17. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable consumer protection laws. Where we are liable for a breach of a consumer guarantee under the Australian Consumer Law, our liability is limited to, at our option:

• Re-supplying the services, or
• Paying the cost of having the services re-supplied

This limitation does not apply where the services are of a kind ordinarily acquired for personal, domestic, or household use.