Terms of Use

 

The User who uses the Deckee app and website (User) declares and accepts that he or she is bound by the terms of use set out in this Agreement (Agreement). Absent any such acceptance, the Agreement may not be deemed finalised and, consequently, the User is not authorised to use the Platform.

NB: THE DECKEE APP, WHICH INCORPORATES OFFICIAL DATA AS WELL AS OTHER SOURCES, IS DESIGNED TO FACILITATE THE USE OF OFFICIAL NAUTICAL CHARTS AND NOT TO REPLACE THEM. 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.

1. Deckee Services

1.1 Deckee.com (Site) and the Deckee apps (App) (together, Platform) are devised and managed by Deckee Pty Ltd ACN 167 870 199 (Deckee).

1.2 The Platform allows the User to view nautical maps supported by a variety of information, in accordance with data provided by and uploaded by Deckee, the User and other users of the Platform, directly to the Platform. The use of the Platform are governed by this Agreement in addition to all the documents and policies published on the Platform.

1.3 By accepting this Agreement, and subject to clause 8, the User acquires the right to use the Platform, to:

a) view nautical maps;

b) view and contribute to data and information (by way of example, alerts, marinas, moorings, anchorages, weather) made available by Deckee, (Content).

2. The User’s Account

2.1 Users wishing to use the Platform must create a personal Account using their email address (Account Credentials).

2.2 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 Deckee 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 the same and undertakes not to allow access to the Platform to others through the use of his or her Account Credentials or in any manner through his or her Account.

2.3 The User is required to provide Deckee with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes:

a) not to provide false information;

b) not to create false or duplicate Accounts;

c) to update their personal information whenever requested in order to comply with the provisions of this Agreement;

d) not to share or transfer the Account Credentials;

e) 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 Deckee 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).

3. The User’s Duties

3.1 The User acknowledges that his or her use of the Platform in accordance with the Agreement is essential for the correct operating of the platform and for usability of the Platform by the other users. Specifically, when creating, modifying, managing and voting on Content, the user must comply with the provisions of this Agreement and applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.

3.2 The User undertakes to use the Platform solely in accordance with this Agreement and solely for purposes of using the Platform. Specifically, the User undertakes not to:

a) transfer or resell his or her right to use the Platform to others;

b) tamper with or operate on the Platform without Deckee’s intervention and authorisation;

c) use the Platform should the Account have been temporarily or permanently suspended;

d) use the Platform to create or incorporate other datasets correlated to the nautical maps to be used for a service which is similar or identical to the Platform;

e) provide Deckee with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties, particularly when the User registers to create the Account;

f) transfer the Account or communicate the Account Credentials to third parties without Deckee’s prior written consent:

g) spread viruses, malware or any other technology designed to harm the Platform, the Site, the User’s devices, to breach Deckee’s rights or the rights of other Users or in any way to hinder or disturb use of the Platform by other Users;

h) disseminate the Content of the Platform, or proprietary information belonging to Deckee and/or others;

i) use any mechanism, software or procedure which may interfere with the proper operations of the Platform;

j) circumvent measures implemented by Deckee to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);

k) upload to the Platform or in any way communicate or send through the Platform to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to Deckee’s image or contrary to law;

l) copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to Deckee or in any way found on the Platform;

m) export any information outside the Platform, aside from those cases expressly governed by this Agreement.

n) Should Deckee have reason to believe, at its sole discretion, that the User has engaged in actions which may give rise to technical problems or legal liability or which run counter to the provisions of the Agreement, Deckee may, by way of example, limit, suspend or interrupt the User’s use of the Platform, prohibiting access to the app and Deckee may adopt technical (including the removal of unlawful content) and legal measures in order to prevent the User from using or accessing the Platform.

o) In order to allow Deckee to maintain the Platform at secure, optimum operational levels, the User undertakes to do everything possible to report any technical problems coming to his or her attention and relating to the Platform to Deckee, without prejudice to the User’s rights and protection with regard to personal data.

p) By accepting this Agreement, the User indemnifies Deckee and to holds it (and its directors, employees, senior executives, agents and any subsidiary, parent company and/or any of Deckee’s associate companies) harmless from and against all claims, damages, expenses, losses and liabilities arising from breach by the User of this Agreement, legal obligations or third-party rights.

4. Use of the Platform

4.1 By accepting this Agreement, the User assumes full, exclusive and sole responsibility for the use of and reliance on the Platform and further acknowledges and agrees that the User’s use of and reliance on the Platform is made entirely at the User’s own risk. In particular, Deckee will not be responsible for:

a) problems relating to connectivity and continuity of Internet traffic available to the User;

b) problems relating to the User’s IT systems;

c) 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 Platform;

d) interruption of access to the User’s Internet network;

e) non-compatibility between the User’s mobile device browser and the Platform;

f) any other event which may compromise the User’s access to the Platform (and in any case use of same) which is not caused by Deckee.

4.2 The User may encounter differences between the real conditions and those indicated in the nautical 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.

4.3 When the User downloads the App, this software may be automatically updated on the User’s device should a new version or function be available, or this software may require that the User actively updates it. The User undertakes to ensure that the software always remains updated in order to obtain the best possible performance from the Platform.

4.4 The Platform may include links to third-party websites which are not controlled or managed directly by Deckee (by way of example, websites belonging to commercial businesses reported by Users through publishing Content). Deckee is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties. Similarly, third party advertisements may appear on the Platform from time to time. Deckee does not endorse these advertisements.

4.5 The Platform is 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 the Platform does not replace authorised maps and navigational charts which, together with warnings to navigators, contain all information necessary for safe navigation.

4.6 Whilst Deckee reserves the right, in its absolute discretion, to delete, alter or move any message or other posted Content on the Platform, it is under no obligation to do so, nor is it under an obligation to update any information on the Platform, or to correct any inaccuracies on the Platform that may become apparent at a later time.

4.7 The User acknowledges and agrees that any information or data viewed on the Platform is to be considered solely as a suggestion for planning and must not be used for direct navigation. Deckee disclaims any representation or warranty relating to the Platform’s fitness for purpose as a direct navigational aid. Any use of or reliance on the Platform by the User as a direct navigational aid is made entirely at the User’s own risk and Deckee will not be liable for any loss, damage, costs or expenses arising from or in connection with the User’s use of the Platform as a direct navigational aid.

4.8 The User acknowledges and agrees that the Content and other information provided by and on the Platform is not intended to replace the information presented to the User on the water. If the information presented on the water (for example, navigation control, signage, travel direction, time based restrictions, or instructions from any authorised person or body) instruct differently than the Platform, the User must not rely on the Platform.

4.9 The internet connection (e.g. Wi-Fi, 3G, 4G) required to use the Platform, and any associated charges (e.g. mobile data expenses) incurred by the User’s use of the Platform are the User’s exclusive responsibility and made solely at the User’s expense.

5. Limitation of Liability / Warranty

5.1 Deckee provides the Platform on an ‘as is’ and ‘as available’ basis. To the extent permitted by law, Deckee disclaims all representations and warranties (express, implied and statutory) not expressly set out in this Agreement.

5.2 In particular, Deckee disclaims any representations and warranties relating to the accuracy of the maps, Content, maritime conditions, warnings, directions presented in or by the Platform which may be inaccurate or incomplete or subject to error, delay or change. The User acknowledges and agrees that such errors and omissions are inherent in any community-based service that operates on information submitted by users.

5.3 Deckee may from time to time publish warnings, alerts and other information on the Platform provided to it by third parties including, but not limited to official maritime authorities. Deckee disclaims all representations and warranties relating to the accuracy, completeness or reliability of any such warnings, alerts or information provided to it by these third parties.

5.4 The User acknowledges and agrees that to the extent possible at law Deckee (including its officers, directors, shareholders, employees, sub-contractors and agents) will not be liable for any direct, indirect, incidental or consequential loss, damage, costs, expenses and payments arising from or in connection with:

a) the User’s use of, or inability to use, the Platform;

b) content originating from third parties;

c) any communication with the Platform or with other users through the Platform;

d) any restriction, denial or cancellation of the User’s account;

e) any retention, deletion, disclosure or other use or loss of content on the Platform.

5.5 In any event, Deckee’s total liability for any claims under this Agreement is limited to, at Deckee’s election, the amount paid by the User to use the Platform or a resupply of the services provided.

6. Publishing Content and moderation

6.1 Through sending information to Deckee or publishing Content on the Platform, the User grants to Deckee the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Content throughout the world using any means and for any purpose and to use the Username or the name specified in relation to the Content.

6.2 The User has sole liability for the Content published or sent to Deckee or published on the Platform and undertakes not to publish, upload or otherwise make public through the Platform content which:

a) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality.

b) offends Users, Deckee or the online community;

c) may constitute, encourage, promote or incite unlawful conduct;

d) may breach patents, trademarks, trade secrets, copyright or any other intellectual or industrial property rights belonging to any party;

e) constitutes promotions or trade communications;

f) at the sole discretion of Deckee, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published.

6.3. The User acknowledges and agrees that he or she has no objection as to publication, use, including for financial gain, modification and deletion of the Content by Deckee or its successors and assignees and the User states that he or she permanently waives all complaints or claims in respect of the Content.

7. Industrial and intellectual property

7.1 The User acknowledges that:

a) Deckee has exclusive title to the intellectual and industrial property rights in respect of the Platform, the software and the databases connected to the Platform, the App, the Site, the text, artwork, layout and the look and feel of the Platform, the App and the Site; and

b) Deckee has exclusive title to the Deckee project, the related know-how and all technical and trade information relating to this project,

and the User undertakes not to infringe or disrupt these rights.

7.2 The User states that he or she is the holder of the rights to financial gain allowing him or her to lawfully publish Content on the Platform and the User undertakes not to publish content on the Platform of any type use of which on the Platform might constitute an infringement of third parties’ intellectual or industrial property rights. For information on how to acquire authorisation to use the Content of the Platform, the User can send an email to hello@deckee.com.

7.3 All the contents of the Site, inclusive of texts, artwork, images, audio material, video and all else, together with domains, taglines, organisation and user look and feel interface are protected by laws governing intellectual and industrial property rights and are the sole property of Deckee or third parties who have licensed them to Deckee. Without Deckee’s prior written authorisation the User is prohibited from copying or mirroring any contents of the Platform to any other server. The use of the Platform on other websites or on networked computers for any purpose is prohibited without Deckee’s express written authorisation.

7.4 The trademarks, logos and service marks (Marks) viewed on the Site and App are Deckee’s property or are third-party property. The User is prohibited from using these Marks without Deckee’s express written authorisation or the express written authorisation of any third parties affected. For information on how the User can acquire authorisation to use the Marks or the Content send an email to hello@deckee.com.

7.5 Copyright: Deckee respects the intellectual property rights of others and expects the users of the Platform to do the same. It is Deckee’s policy to remove content submitted by any user of Deckee’s products on the Platform (Community Layers or CL) that infringes the intellectual property of our products. In its sole discretion Deckee may also terminate the Account of any User who repeatedly submits infringing CL.

8. Term – Withdrawal by User – Termination of the Agreement and Cancellation of the Account

8.1 The User may cancel their own Account at any time and for any reason by emailing a written request for cancellation to Deckee at hello@deckee.com.

8.2 Deckee retains the right to block the User’s access to the Platform and /or discontinue the User’s use of the Platform, at any time and for any reason Deckee deems appropriate at its sole and absolute discretion and without prejudice to any other remedy provided by law or provided by this Agreement in favour of Deckee.

8.3 Deckee may, at any time, discontinue support of or delete the Platform either in whole or in part, temporarily or permanently, at its sole discretion.

9. Changes to the Agreement

9.1 Deckee reserves the right to modify the terms of the Agreement from time to time.

9.2 The User’s continued use of the Platform after this Agreement has been modified signifies the User’s consent to the updated terms.

9.3 If the User disagrees with the updated terms of this Agreement, the User must immediately discontinue use of the Platform and delete their Account.

10. Assignment of the Agreement

10.1 Deckee may assign this Agreement to a third party in its sole and absolute discretion. The User provides his or her consent to such assignment.

10.2 The User must not assign or transfer its rights in and to the Platform without the prior written consent of Deckee.

11. Privacy and protection of personal data

11.1 The User’s personal data shall be processed solely in accordance with the privacy policy statement which can be viewed at the address deckee.com/privacy-policy.

12. Miscellaneous

12.1 This Agreement and interpretation of same are governed by Australian law.

12.2 The purpose of the titles of the articles of the Agreement is purely illustrative and in no manner whatsoever do they limit or describe the meaning or the contents of the related article.

12.3 Failure on the part of Deckee to exercise one of its rights does not represent a waiver of its rights to take action against the User or against third parties for breach of undertakings given.

13. Third Party Notices and Copyright Licenses

13.1 This product may contain data from one or more of the following Third Party sources; to the extent that any such source is used, the relevant provisions below will apply.

a) The Platform incorporates various sources of data from the Open Data Portal, provided by Transport for NSW, under the Creative Commons Attribution 4.0 International license (CC BY 4.0).