Terms and Conditions
Last updated 1 November 2020
Terms & Conditions for use of Buoy Zone Web Site and associated Buoy Zone App(s).
By using Buoy Zone services, you agree to comply with this website policy and with any supplementary policies which Buoy Zone may post on the web site from time to time. Buoy Zone may change its policies at any time by changing or removing existing terms or adding new ones. We will tell you about any changes by posting an updated version of the particular policy on the web site, and any changes will take effect immediately once they are posted on our website. It is your responsibility to check this and any other policy regularly for any modifications or updates. Your continued use of our services after any changes have been posted on our web site confirms your acceptance of those changes.
These terms and conditions govern all use of the Web Site and Services (as defined below). If You use the Web Site or the Services You will be deemed to have accepted these terms and conditions. If You do not agree with these terms and conditions then You must immediately cease using the Web Site and the Services.
Access to, and the availability of, the Web Site and the Services may be interrupted, restricted or delayed from time to time. Buoy Zone does not give any warranties of any kind, express or implied, in respect of the availability or performance of the Web Site and the Services.
While Buoy Zone uses all reasonable endeavors to ensure the accuracy of the Information on the Website & App. You, as a user acknowledge that the Information is provided “as is” and on an “as available” basis without warranties of any kind, express or implied, including accuracy, completeness, correctness, timeliness or fitness for any particular purpose. You agree that You must evaluate, and bear all risks associated with, the use of any Information, including any reliance on the accuracy, completeness, correctness, timeliness or usefulness of such Information.
GPS Satellite data available on the Service is produced by third parties and not Buoy Zone. Buoy Zone provides this information as produced by the relevant third party, and does not undertake any inspection or examination whatsoever in regard to the accuracy of the Satellite data. You acknowledge and agree that Buoy Zone has no liability and takes no responsibility in regard to this Data, including its accuracy, completeness, correctness, timeliness or fitness for any particular purpose.
- CONTRACTUAL RELATIONSHIP
These terms and conditions (“Terms”) govern the access or use by you of the Buoy Zone (the "App") and associated, websites, content, products and services (the “Services”) made available by Ocean Labs, a limited liability company established in New Zealand ("Buoy Zone", "we", "us" or "our").
Where we refer to you or your in these Terms, we mean any individual that is using the Services. Reference to a device means any eligible device that you use to access the Services.
Additional terms may also apply to the Services, such as policies for a particular event, activity, promotion or referral credit and such terms will be disclosed to you in connection with the applicable Services. These terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Additional terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Your use of the Services may also be subject to the terms of your agreement with other third party service providers (such as your payment method provider (for example your bank) and data service provider), which will apply in addition to these Terms.
Please read these Terms carefully before accessing or using the Buoy Zone Services.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between us and you. If you do not agree to these Terms, you may not access or use the Services.
We may also ask you to provide proof of identity to access or use the Services. We may deny you access to, or use of, the Services if you refuse to provide such proof of identity.
We may collect precise or approximate location data from your mobile device (regardless of whether the App is running in the background or foreground of your mobile device) if you have enabled us to do so. This makes it easier for you to use the the Services, such as viewing or sharing the location of a race course, and helps us to improve the Services. You may enable or disable us to collect such location data by following the process on your mobile device to enable or disable access to “location services.” However, this may affect some functionality available in the App.
- YOUR OBLIGATIONS
You may only use the Services if:
you are at least 18 years of age;
you are the registered user of an account with us in respect of the Services ("Account") and you maintain accurate, complete and up-to-date information on your Account;
you as a Race Officer have an Individual or Club subscription issued via a free trial period or paid subscription.
are doing so for lawful purposes and you comply with applicable laws.
In accessing and using the Services, you must not:
remove any copyright, trademark or other proprietary notices from any portion of the Services;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;
decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law or attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks;
do any thing which may unduly hinder the operation and/or functionality of any aspect of the Services;
during your use of the Services, access, store, distribute or transmit any:
thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, including worms, Trojan horses, viruses and other similar things or devices; or
material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or that facilitates illegal activity; or
use the Services in a manner that causes any nuisance, annoyance, inconvenience or is otherwise illegal or causes damage or injury to any person or property.
- THE SERVICES
The Service enables Race Officers to plan and share accurate sailing race courses overlaid onto a map on their mobile which Support Boats can access and use to navigate to where to lay the respective buoy(s) or mark(s). Race officers and support boats are considered as different user types and thus have different views, functionalities and licensing requirements associated with using the Service.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to:
access and use the App on your personal device solely in connection with your use of the Services; and
access and use any content, information and related materials that may be made available through the Services.
We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Services (including the App). Other than the limited licence granted to you in paragraph 5.1, neither these Terms nor your use of the Services (including the App) grants to you any rights in or related to the same or to use or reference in any manner our company name, logos, product and service names, trademarks or services marks or those of our licensors.
The Service may include functionality which allows you to submit, upload or otherwise make available content to us (which may include feedback related to the Services, entries for competitions and promotions and other textual, audio, and/or visual content) ("Provided Content"). You must not provide Provided Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive (as determined by us in our sole discretion). We may, review, monitor, or remove Provided Content, at any time at our sole discretion, in each case without providing notice to you.
Any Provided Content remains your property, but you grant us a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free licence to use, copy, modify, create derivative works of, and otherwise exploit in any manner such Provided Content and we are not required to provide you with notice of the same.
In respect of the Provided Content, you represent and warrant that:
you are either are the sole and exclusive owner of all Provided Content or you have all rights, licenses, consents and releases necessary to grant use the license described in clause 5.4 above; and
neither the Provided Content, nor our use of the Provided Content as contemplated by these Terms will infringe, misappropriate or violate any rights of a third party (including intellectual property, proprietary or privacy rights), or result in our violation of applicable law or regulation.
- DELIVERY AND ACCESS TO THE SERVICES
You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your devices, network connections or telecommunications links or caused by the internet.
You acknowledge that the services may be provided by us or by our Third Party Providers. You may also be able to access and use third-party products, services and content as part of the Services (for example Google Maps). Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same.
You are solely responsible for ensuring that your use of the Service does not pose any danger to any other person (including you) or to any person's property in connection with your use of the Service.
You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion), including through the release of new updates, modifications and enhancements to the App, and in some cases discontinue features. We are not required to provide you with notice of any such changes.
To use the Services, you must register for, and maintain, an Account (of which you may only have one). To register for an Account you must:
be eligible to use the Services (see section 3.1 above);
provide us with certain registration information, which may include personal information, such as your name, email address, sailing club, country, mobile phone number and age; and
If applicable, load at least one valid and accepted payment method (for example a valid App Store account, credit card or debit card) for use on your Account.
You are responsible for all activity that occurs under your Account. You must exercise every possible care to ensure the safety of the device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:
locking your device when it is not in use;
not leaving your device unattended; and
ensuring up-to-date software is installed on your device.
Any person who can unlock your device may be able to use the Services. You should have a passcode set on your device. If you suspect your passcode has become known to someone else you should change it immediately.
If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the Services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the Services. Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the Services from your device.
8. CHARGES AND PAYMENT
If instructed within the app you must pay charges to us in respect of your use of the Services. These will be carried out via your respective mobile app store (Google Play or Apple)
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, we may immediately terminate, suspend or restrict your access to the Services.
Charges paid by you are final and non-refundable, unless otherwise determined by us. In the event of any disputed or unauthorised transactions, please contact us on email@example.com immediately.
9. PROMOTIONS AND ACCOUNT CREDIT
From time to time, we may create referral and/or promotional codes ("Special Codes") that may be redeemed by some or all users of the Services for Account credit, or other features or benefits related to the Services, which may be subject to additional terms and conditions. You agree that such promotional offers and discounts and any associated Special Codes, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
In respect of any Special Codes, you agree that:
you will only use the Special Codes for lawful purposes, in accordance with these Terms and any additional terms and conditions;
you will not duplicate, sell or transfer any Special Codes or make any Special Codes available to any third parties without our permission (for example, in the case of "refer a friend" and other similar Special Codes);
Special Codes are not valid for cash
Special Codes may expire prior to your use; and
we may withhold or deduct credits or other features or benefits obtained through the use of Special Codes at our discretion in the event that we consider that you have breached these Terms or that the use or redemption of the Special Code was in error, fraudulent or illegal.
You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents ("Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against the Indemnified Parties, that arises out of or in connection with:
your use of the Services (including the App) and services, content or information obtained through your use of the Services;
your breach or violation of any of these Terms; and
your violation of the rights of any third party, including Third Party Providers.
11. AMENDMENTS AND TERMINATION
We may amend these Terms from time to time. Amendments will be effective upon:
posting of such updated Terms on our website; or
updating the Terms in the App.
Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not accept any changes to these Terms you must stop using the Services.
We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or suspend or deny access to the Services or any portion thereof, at any time for any reason.
12. LIMITATION OF LIABILITY
The Services are provided to you “as is” and “as available” and you agree that you are solely responsible for your use of the Services. Other than as expressly set out in these Terms, all warranties, guarantees or obligations imposed on us, or a Third Party Provider in relation to the Services, are excluded to the maximum extent permitted by law. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services, goods or information obtain by you through your use of the Services, or that the Services will be uninterrupted or error-free.
We are not responsible for, and make no representations in respect of, any content you access through your use of the Services, or any unauthorised access to any device you use to access the Services and any loss that you suffer in connection with the same (such as corruption of information).
In no event will we be liable to you for any losses, liabilities, damages, costs or expenses including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, personal injury or property damage (even if we have been advised of the possibility of such damages) that result from or in connection with, these Terms or your access to, or use, of the Services.
Nothing in these Terms operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded. Our liability for a breach of any such warranties, guaranties or rights arising out of any claim, demand, proceedings or caution whether in contract, negligence or otherwise, in any way connected with the Services shall not exceed the amount of Charges paid by you for the Services over the 12 months immediately preceding the date that the relevant claim arose.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
Termination of these Terms will not affect any legal remedies we may have.
Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.
Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.
You may not assign or transfer these Terms in whole or in part without our prior written approval.
Nothing in these Terms has the effect of excluding, restricting or modifying rights which cannot lawfully be excluded, restricted or modified by agreement. If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.
We may subcontract or delegate the performance of any of our responsibilities under these Terms.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
These Terms are governed by New Zealand law and the courts of New Zealand shall have the non-exclusive jurisdiction.
If you have a question or a complaint about the Services, please contact us by sending us an email firstname.lastname@example.org