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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Seabreeze.com.au!. WeatherWise Pty Ltd ATF Seabreeze Technologies ("Seabreeze","Us","We") provides this service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. 

2. DESCRIPTION OF SERVICE

Seabreeze currently provides users with access to a collection of weather forecasting, tide forecasts, live weather information, interactive forums, news articles, classifieds listings and other general information (the "Service"). Seabreeze repackages and supplement data from a variety of sources, including, but not limited to, the Bureau of Meteorology, the National Ocean Administration Archive and our own weather station network.

2. RELIABILITY

Whilst we endevour to keep the weather information live and up to date, issues arise which may prevent that happening - thus we are unable to guarantee a prompt arrival of data, or that is is free of errors or ommisions.  (In the last 12 years, seabreeze.com.au has featured up to date information 99.98% of the time.)

3. ACCURACY

Technical issues, such as a weather station reporting incorrect readings may occur, although this is very rare.  Forecasts rely on data supplied from the Bureau of Meteorology (BOM), National Oceanic & Atmospheric Administration (NOAA), internal computation systems and manual review. Forecasting weather is an inprecise science.   Computer system errors, or unforeseen factors may quickly evolve that can make the weather behave differently than the published forecast.   Forecasts should be assessed in combination with current weather conditions and cross checked with alternate sources of forecast information. Tide predictions are not to be used for navigational purposes - they are design as a general indication of the flow of waters.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Seabreeze cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Seabreeze does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Seabreeze be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Seabreeze official, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters", "pyramid schemes," or any other form of solicitation.
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. "stalk" or otherwise harass another; or
  12. collect or store personal data about other users.

Subject to Seabreeze's policies regarding privacy, any e-mails, notes, message/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Seabreeze. By submitting material to Seabreeze, you acknowledge and agree that Seabreeze may already have such material, and may already be in the process of using such material.   By submitting material to Seabreeze, you automatically grant, or warrant that the owner of such material has expressly granted Seabreeze the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use.

You acknowledge that Seabreeze may or may not pre-screen Content, and that Seabreeze and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Seabreeze and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Seabreeze or submitted to Seabreeze, including without limitation information in Seabreeze Forums, and in all other parts of the Service.

You acknowledge that Seabreeze and its designees shall have the right to remove any member that violates the TOS or is otherwise in their view, objectionable.

You acknowledge, consent and agree that Seabreeze may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Seabreeze, its users and the public. You can view our complete Privacy Policy here.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. RESTRICTIONS ON USE
  1. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Seabreeze's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Seabreeze's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
  2. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the Australian copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Seabreeze and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
8. DISCLAIMER OF WARRANT, LIMITATION OF LIABILITY
  1. A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SEABREEZE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
  2. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT SEABREEZE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
  4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SEABREEZE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
9. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Seabreeze shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

10. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Seabreeze and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the site.

11. TRADEMARKS.

All trademarks appearing on the site are the property of their respective owners.

12. CONTACT

Please use contact link at the bottom of each main website page to contact us.

13. THIRD PARTY CONTENT.

Seabreeze is a publisher of content supplied by third parties and users of the site. Accordingly, Seabreeze has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Seabreeze. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Seabreeze neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Seabreeze employee spokespersons while acting in their official capacities. Weather information belonging to the Bureau is presented with the permission of the Bureau of Meteorology. This information remains the copyright of the Bureau of Meteorology.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Seabreeze has no control over such sites and resources, you acknowledge and agree that Seabreeze  is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Seabreeze  shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. CONTENT

Please contact Seabreeze if you would like to link to any page of Seabreeze.com.au. To frame any part of the Seabreeze Website into another website or web page, a desktop gadget, or any other application requires written consent.

16. NOT TO PROVIDE INACCURATE OR DECEPTIVE INFORMATION

As a condition of your use of this website, you agree that you will not provide inaccurate or deceptive information when completing forms provided to enable you to enquire about, or list goods and/or services.

17. NO AUTOMATED QUERYING / FRAMING / EMBEDDING / USING

Under no circumstance may you use automated scanning software to extract information from this site for use in any purpose whatsoever, including feeding to another web site, desktop gadget, website plugin for any commerical gain, "freeware", archiving or analysis.

You may not use any automated processes of any sort to query, access or copy content presented on the websites operated by us without obtaining written approval in advance.

Except for the temporary copy held in the computer's cache, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, software, products or services obtained from this website without obtaining prior written approval of Seabreeze.

You may not use any part of the material on the websites of Seabreeze to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, internet sites, desktop gadgets, applications or other means of distribution without obtaining prior written approval from Seabreeze.

  18. BUY & SELL CONTENT

* Listings that display items than items appropriate to the category may be deleted without notice and without refund.
* It is the seller's responsibility to provide truthful and honest information about the product placed on this website.
* It is the seller's responsibility to correct and/or delete misleading and/or incorrect information from the listing upon request.
* If the seller fails to delete or correct misleading or false information, we reserves the right to change said information and/or delete the ad completely without notice and without refund.
* Listing content cannot be changed to advertise a different product's details and photos unless our permission has been given to do so.
* Each advert is to list one item, or a group of items for sale as a whole only - some list may be allowed, at our discretion.
* We reserve the right to edit adverts for the above reasons, and adverts that do not comply with a reasonable standard of presentation (e.g. spelling errors & layout) and/or contain misleading or deceptive information.
* Classified listing are not to include references to a listing on another site, and may be removed without refund or notification.

The Buy & Sell service is for 2nd hand (or in the case of businesses, 2nd hand, ex demo, damaged stock) only.
* If you're a business, you need a written agreement from us before listing items from your business. Failure to do so may result in removal of listings without refund, and account suspension.
* Listings and the photos must not carry a business name, web address or email address unless by prior arrangement.
* Any member found to be listing items not available, then "upgrading" enquiries to offer new items (bait & switch) may be immediatelly suspended, without warning.
* Any member found to be listing new items, group buys, or overseas listings, may be immediatelly suspended, without warning.

To be clear: The Buy & Sell is not for new items, overseas sellers, or group imports. This is regardless of whether you are a business, or an individual who has imported a container/boxes of new items and are now looking to "Retail" them through the Buy & Sell. We reserve the right to remove items listed as such, without refund, and with possible account suspension.

The Buy & Sell service is for Australian listings only. No international listings are permitted.

19. BUY & SELL DEALINGS

By using the Buy & Sell service you understand that any dealings you have with other members of Seabreeze.com.au, or the general public are between you and that entity.

Seabreeze.com.au provides facilities for communication and is in no way responsible for any transaction or communication that you engage in with other members, the general public or commercial entities.

20. BUY & SELL REFUND/RELISTING POLICY

We will refund all or part of your purchase if you have not yet listed your advert, or the advert has been entered, but not approved for public display.
* Refunds are made to the original purchaser only.
* A valid reason for the refund must be supplied.
* Refunds will not be available after a period of 30 days has elapsed.
* Refunds may not be available if the site operators determine the advert content inappropriate.
* If a buyer has cancelled a purchase of your item after you removed it from display, we may relist your item free of charge.

21. PAYMENT, PRICING, REFUNDS AND TERMINATION

Credit card details taken via this site are coded using the highest level 128-bit SSL encryption, and transactions are executed via our merchant gateway. We at no point store your credit card details; they exist in our servers only for the duration of transmission to the merchant gateway.

22. ONLINE SHOP REFUND POLICY

Within 30 days of receipt of your goods, you may return shipped products for for a refund (we will also refund freight cost if the return is our mistake). Products must be returned in original condition. Once the goods have been returned, we will refund your purchase.


Please note that the "Forum Policy", and "Posting Guidelines" posted in each forum constitute part of the Terms of Use.