These terms of use apply to our services and the use of hardware and software provided by us (hereinafter together referred to as “services” or “goods or services”). The services are provided by Riedel Communications PTY. LTD. and/or Affiliates (as defined below, collectively "Igtimi", Riedel” or "we" or “our”). An "Affiliate" is an entity with that, directly or indirectly, controls, or is controlled by, or is under common control with Igtimi/Riedel (where "control" means ownership of fifty percent (50%) or more of the voting stock of corporate entities, or an equivalent interest for non-corporate entities).
These terms of use apply to our services and the use of hardware and software provided by us (hereinafter together referred to as “services” or “goods or services”) and by using our services, you are agreeing to comply with these terms of use. We recommend that you read them carefully. We may have different services available from time to time which may be designed for very diverse purposes. For some services additional or different terms of use may apply, or there may be additional or different requirements applicable to the use of such services (including, but not limited to, age requirements, requirements for you to have access to certain goods or third party goods or services). Where additional terms of use apply, those additional terms will apply to your use of that service, and by using that service, you will be agreeing to comply with the additional terms of use. If there is a conflict between these terms of use and any additional terms of use relating to a specific service, the additional terms of use will take precedence in relation to that specific service. The only recourse you have if you don't agree with any of our terms of use for any service is to cease using the service.
You must only use our services for the purpose for which we have made them available and as permitted by law. You must not use our services for any other purposes, or otherwise misuse or interfere with our services. If you do not comply with our terms of use, we may suspend or stop providing you with access to our services, or take any other action available to us under applicable law. The services are provided for personal and non-commercial purposes only and any commercial use, such as in the context of commercial events and/or broadcasting, is strictly prohibited.
You must not remove, obscure, or alter any legal notices displayed in or along with our goods or services.
Your Account
You may need an account in order to use some of our goods or services. You may create your own account, or your account may be assigned to you by an administrator. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
If you become aware of any unauthorized use of your password or account, please reset your password or contact the administrator who created or maintains your account (if applicable) or, if you are unable to access your account, contact us by sending an email outlining the situation to: info[at]igtimi[dot]com.
Intellectual Property
The use of any of our goods or services does not grant you any rights or ownership to any of our intellectual property (including, but not limited to, any of our intellectual property associated with any goods or services you use, or to any branding, logos, contents or materials you may see or have access to when you use our goods or services). Subject to your compliance with our terms of use, you are hereby granted a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to view contents and materials when you use our goods or services solely for your personal, non-commercial use in association with our goods or services. Any use of our goods or services in connection with commercial purposes, especially but not limited to the use in connection with commercial events and broadcasting, is strictly prohibited.
If our services allow you to upload or submit content or materials, the intellectual property rights in that content and materials does not transfer to us. You, or the owner of such intellectual property, remain the owner of that intellectual property. When you upload or submit content or materials when using our goods or services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our goods and services), communicate, publish, publicly perform, publicly display and distribute such contents or materials. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our goods and services, and to develop new ones. This license continues even if you stop using our goods or services. Please make sure you have the necessary rights to grant us this license for any content or material that you submit or upload to when using our goods or services.
If you submit feedback or suggestions about our goods or services, we shall own and may use your feedback or suggestions at our discretion without any obligation to you.
When a good or service requires or includes downloadable software, this software may be updated automatically where it has been installed if and when a new version or feature is available. Some goods or services may let you adjust your automatic update settings. Subject to your compliance with our terms of use, you are hereby granted a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use Igtimi software as part of, or in association with, our goods and services for the sole purpose of your personal and non-commercial use of the goods or services, in the manner we have permitted. Any use of our goods or services in connection with commercial purposes, especially but not limited to the use in connection with commercial events and broadcasting, is strictly prohibited.
You must not copy, modify, distribute, sell, lease or reverse engineer any part of our goods or services, or any part of our software included or associated with our goods or services (including, but not limited to, you must not attempt to extract the source code of any part of our software), except to the extent that: (a) an applicable law prohibits the restrictions set out in this sentence, or (b) you have our written permission.
If any open source software is used in our goods or services, such open source software may be licensed to you under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms of use.
In case of a non-compliance with the terms of use, any rights granted under this terms of use automatically expire immediately with such non-compliance.
Modifying and Terminating our Services
Our goods and services are constantly evolving and consequently: (a) features and functionality of a good or service may be added, modified or removed from time to time, (b) the terms of use applicable to such goods and services may be expanded, modified or become obsolete. Your data is important and we recommend that you save or back up your data frequently. We make no guarantees in relation to the continuity of your data. For some services we will only save your data for a limited time after which it may no longer be accessible by you. You should pay close attention to these terms of use and any additional terms of use relating to any specific services of ours that you use as we will always endeavour to inform you of any such restrictions applicable from time to time.
Warranties
We use a commercially reasonable level of skill and care when we design and provide our services, however the services are provided on an “as is” basis and we cannot guarantee or make any specific promises about the service, its reliability or availability, or its ability to satisfy your individual needs, because there are many factors outside our control that are involved (such as, but not limited to, that data may be transmitted over networks that we do not own or operate including the Internet).
Unless and to the extent that: (i) we are prohibited by law from doing so, or (ii) we have specifically identified that we will provide such warranty in our terms of service, we hereby exclude all express or implied warranties applicable in your jurisdiction, such as (but not limited to) implied warranties: (a) of merchantability, (b) of fitness for a particular purpose; and/or (c) non-infringement. To the extent permitted by law, we exclude all warranties.
Liability
Except to the extent we are prohibited by law from doing so:
- we (and our suppliers and distributors) are not responsible or liable in any manner for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages (regardless of whether any of these items are considered to be direct or indirect, or the possibility of such losses was known, contemplated or reasonably foreseeable).
- our (and our suppliers and distributors) total liability for any claims under these terms of use including, but not limited, for any express or implied warranties is limited to either, at our sole choice: (I) the amount you paid us to use the service and were unable to use such service as a result of our failure to meet our obligations under our terms of use; and (II) supplying the services to you without charge for the period of time you were unable to use such service as a result of our failure to meet our obligations under our terms of use.
Consumers
You may have legal rights as a consumer in your jurisdiction that cannot be waived by your agreement to these terms of use. These terms of use are not intended to limited or restrict such rights.
If you are not using our goods or services as a consumer, for example you are using our goods or services on behalf of a business or an organisation, then we shall have no liability to that business or organisation in relation to your use or non-use of our goods or services. You are accepting these terms on behalf of that business or organisation.
Refunds
Igtimi does not allow refunds or exchanges on any of its products or subscriptions. All sales are final. If the goods are faulty we will meet our obligations under the Consumer Guarantees Act.
About these Terms
We may change, modify, add or remove portions of these terms of use at any time. Any changes will apply prospectively from the effective date we notify you when we post notice of such changes on an Igtimi website or by sending notice via email. Unless you withdraw your agreement to these terms of use by following the process outlined in these terms of use, you are agreeing to these terms of use by: (a) agreeing to these terms of use, or (b) using an Igtimi website, good or service. If at any time you are disagree with a term or condition of these terms of use, please: (i) discontinue using Igtimi websites, goods and services; and (ii) follow any instructions as may be provided from time to time explaining how you may close your Igtimi accounts.
These terms of use are not intended to create any third party beneficiary rights.
If we fail to take action promptly in relation to your non-compliance with these terms of use, we are not giving up any of our rights including (but not limited to) to taking action in relation to such non-compliance in the future.
If a Court of competent jurisdiction finds that any part of these terms of use is unenforceable in that jurisdiction, such finding shall only affect that part and shall not affect any other part of these terms of use.
These terms of use shall be governed by and construed in accordance with the laws of New Zealand.
Contact
Please contact us in one of the following ways if: (I) you have any questions regarding these terms of use; or (II) you wish to withdraw your agreement to these terms of use (please note that if you withdraw your agreement to these terms of use, your accounts may be closed and any associated information removed):
Riedel Communications PTY. LTD.10/26-34 Dunning Ave, Rosebery
NSW 2018, Australia
ANNEX 1 - ADDITIONAL TERMS OF USE FOR YACHTBOT/WINDBOT
- The Yachtbot software (including “WindBot”) application is designed for use on one or more mobile communication devices (please note that we cannot guarantee that the Yachtbot software application will be available for your particular mobile communication device - the mobile communication devices the software will work with is subject to availability and change from time to time) in conjunction with a server endpoint, operated by you and is designed to track your position, direction and speed for use in relation to your non-commercial yachting training activities.
- We do not permit you to use the Yachtbot software application (including “WindBot”) for any other purpose and if we become aware of unauthorised uses of such, we may stop you from accessing or using the Yachtbot software (including “WindBot”) application, or take other action at our sole option and discretion. Yachtbot (including “WindBot”) is not designed for navigational purposes and should not be used in this manner, and any maps associated with your use of Yachtbot (including “WindBot”) are not nautical maps and do not contain or represent nautical information.
- When using the Yachtbot software application (including “WindBot”) you will be in close proximity to water. You must take care to protect your mobile communications device from being exposed to water while you are using Yachtbot. We accept no responsibility or liability whatsoever if your mobile communications is damaged while you are using Yachtbot (including “WindBot”), including (but not limited to) if it is exposed to water damage. We recommend that you always protect your mobile communications device with appropriate water-proofing when you are in close proximity to water and when using Yachtbot (including “WindBot”).