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.
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.)
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:
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 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.
7. RESTRICTIONS ON USE
8. DISCLAIMER OF WARRANT, LIMITATION OF LIABILITY
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.
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.
All trademarks appearing on the site are the property of their respective owners.
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.
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.
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.
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 another product's details and photos during the advertising period paid for unless our permission has been given to do so. Listings and the photos must not carry a business name, web address, email address or any copyright material. Each advert is to list one item, or a group of items for sale as a whole only. 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 other sites, 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 needd a written agreement from us before listing items from your business. Any member found to be listing new items, or listing second hand goods, group buys, overseas listing, then "upgrading" enquiries to offer new items (local, or overseas) will 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 notification, and optionally suspend the login account, without notification.
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.
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.
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.