Our Terms of Use

The terms of this agreement ("Terms of Service" or "SaaS Terms Of Use") govern the relationship between you (“You” or “Customer”) and SeaLogs Limited, www.sealogs.com, the developer of the mobile application SeaLogs (hereinafter "SeaLogs" or "Us" or "We") regarding your use of SeaLogs's applications and related services, which include applications for mobile devices and SeaLogs websites (the "Service"). This Agreement may be modified at any time by SeaLogs upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.sealogs.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

DEFINITIONS. Capitalized terms not defined elsewhere in these SaaS Terms Of Use, shall have the meanings set forth below.

1.1 “Affiliate” means any entity directly or indirectly controlling, controlled by, or under common control with, Customer or SeaLogs.

1.2 “Agreement” means an Order for SeaLogs Services together with these SaaS Terms Of Use.

1.3 “SeaLogs” means SeaLogs Limited.

1.4 “Services” means the services ordered by Customer and provided by SeaLogs by means of access to certain content and use of the features and functionality of software applications made available and accessible to Customer by SeaLogs solely to the extent set forth and further described in, and as limited by, the Customer’s Order and these SaaS Terms Of Use.

1.5 “Confidential Information” means all information, whether in writing, electronically or orally disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified by the disclosing Party as confidential or that by the nature of the circumstances surrounding disclosure ought reasonably to be treated as confidential.

1.6 “Customer” means You, as the Party who orders and is responsible for payment of the SeaLogs Services for use by You or your Eligible Users. A Customer may be an individual or a legal or governmental entity. References to “Customer” in these SaaS Terms Of Use shall in the applicable context also refer to any Administrator or Eligible User acting on Customer’s behalf.

1.7 “Documentation” means the documentation provided by SeaLogs to Customer in an electronic format that describes the features, functions and operation of the SeaLogs Services.

1.8 “Eligible User” means any individual affiliated with Customer who Customer authorizes to use the SeaLogs Services. If a Customer is an individual, the Customer may be the same person as the Eligible User. As between a Customer and an Eligible User, the Customer will be the owner of the SeaLogs Data and Customer is responsible for the acts and omissions of its Eligible Users.

1.9 “Order” means an order for SeaLogs Services.

1.10 “Parties” means SeaLogs and Customer, each a Party.

1.11 “SaaS Terms Of Use” means these terms and conditions that together with an Order form a binding agreement between the Parties regarding use of the SeaLogs Services.

1.12 “Logbook” means as quoted from Wikipedia “a logbook is a series of official and legally binding documents.” Logbook means the official logbook prescribed by Part 73 of the Maritime Rules or required to be maintained under rule 19.66 http://www.maritimenz.govt.nz/Rules/List-of-all-rules/Part19-maritime-rule.asp

1.13 “Trip Report (TR)” means communication from the master or crew of a ship to a nominated shore-based contact detailing— (a) when the ship is departing from a stated position; (b) the ship’s destination; (c) the total number of people on board; and (d) when the shore-based contact can next expect contact from the master.

1.14 “Customisations” means the action of modifying something to suit a particular individual or task or a modification made to something to suit a particular individual or task.
ACCESS, USE AND ELIGIBLE USERS.

2.0 Use of Software.

SeaLogs grants You the right to access and use the Service via the Website or Application with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You may not use the service for any illegal purpose or in any manner inconsistent with the terms. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service, use of the service, or access to the service without express written permission from us. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

2.0.1 The Subscriber selects the subscription type and payment is calculated per vessel per month at the subscription pricing rate; removing or adding vessels changes the pricing rate;

2.0.2 The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;

2.0.3 The Subscriber is responsible for all Invited Users’ use of the Service;

2.0.4 The Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;

If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

2.1 Provision of Access.

Subject to payment of the applicable fees, SeaLogs hereby grants Customer a non-exclusive, non-transferable right to permit access to and use of the SeaLogs Services during the Term for the number of Vessels or Eligible Users and set forth in an Order. SeaLogs shall provide to Customer the necessary security protocols, policies, network links or connections (“Access Protocols”) to allow Customer and its Eligible Users to access the SeaLogs Services. Customer shall choose an appropriate password. Customer will permit only Eligible Users to access the SeaLogs Services through the Access Protocols and Customer will be responsible for any such use of the SeaLogs Services using Customer’s Access Protocols. Customer shall notify SeaLogs of any unauthorized use of any Access Protocols, password or account or any other known or suspected breach of security. Customer shall be responsible for all acts and omissions of Eligible Users, and any act or omission by such Eligible Users which, if undertaken by Customer, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Customer. In the event that Customer wishes to change the ownership of a vessel’s logbook, Customer shall request, in writing, SeaLogs to transfer the Customer’s access to the new owner.

Access to Customer Data may be limited or restricted a) if fees are not paid within the terms of the Agreement, or b) after termination or expiration of the Agreement. SeaLogs will retain Customer Data for a period of thirty (30) days following the end of the paid period, during which the Customer can download their completed log entries. After this period, SeaLogs will permanently delete the Customer Data, and SeaLogs will not be responsible for any loss of data post-deletion.

2.2 Usage Restrictions.

Customer will not: (a) copy, modify or duplicate the SeaLogs Services; (b) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the SeaLogs Services is compiled or interpreted; (c) modify the SeaLogs Services or the Documentation, or create any derivative work from any of the foregoing, except with the prior written consent of SeaLogs; (d) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under this Agreement; (e) access or use the SeaLogs Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party or that violates any applicable law or regulation; (f) build a similar or competitive product or service to the SeaLogs Services; or (g) damage, interfere with or disrupt the integrity, performance, security or use of the SeaLogs Services.

2.3 Notices.

Customer will not conceal, remove or alter any proprietary notice or legend regarding SeaLogs’ proprietary rights in the SeaLogs Services.

2.4 Retained Rights; Ownership.

SeaLogs retains all right, title and interest in and to the SeaLogs Services and the Documentation, including all technology, software, methods, systems - including all customer/user-paid customisations and intellectual proprietary rights embodied therein. You acknowledge that any feedback, comments, or suggestions you may provide regarding the service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to SeaLogs. You acknowledge that neither Customer nor any Eligible User owns nor acquires any rights in and to the foregoing not expressly granted by this Agreement.

2.5 Feedback.

SeaLogs in its sole discretion, may utilize all comments, ideas, error reports, and suggestions, whether written or oral, furnished by Customer or its Eligible Users or Administrators to SeaLogs in connection with its access to and use of the SeaLogs Services (all such comments and suggestions provided hereunder constitute, collectively, the “Feedback”) and shall not be considered Confidential Information. Customer hereby grants SeaLogs a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable, assignable, royalty-free right and license to incorporate the Feedback into SeaLogs products and services.

2.6 Maritime Regulations. New Zealand MOSS 19.66 Documentation requirements

A maritime transport operator must—

(a) maintain records relating to the qualifications and training of all employees or other persons engaged that perform any duties requiring a certificate under Part 31 or Part 32; (b) retain the record of each employee or other person engaged by the operator for one year from the date that the employee or other person engaged ceases to perform duties requiring a certificate of competency; and (c) except in relation to recreational bare boat charter operations, ensure that the log relevant to each ship in the maritime transport operation—

(i) is maintained and carried on the ship in a readily accessible place at all times; and (ii) includes the particulars of any non-commercial use.

Rule 1.5 Information management procedures. 1.5.5 procedures for logging and managing trip reports. For definition of Trip Reports please see above.

Rule 23.27 (6) The owner and the master of a ship to which this rule applies must ensure that all persons on board are counted prior to departure and the information kept ashore and made readily available to search and rescue services when needed.

(8) The master of a ship to which this rule applies must record in the logbook details, including the date, of all training sessions held.

Australia Maritime Safety Authority - National Standard for Commercial Vessels Part E

2.11 Recording and Reporting of Information Relevant to Safety

11 Documentation Logbook

https://www.amsa.gov.au/forms-and-publications/domestic/publications/documents/NSCV%20Part%20E-131129Z.pdf 11 Documentation Logbook

(1) A logbook must be kept for a vessel and made available for inspection upon request.
Note: A format for logbooks has not been specified. A logbook for a vessel may be kept on board the vessel or on land.
(2) A logbook may be kept electronically if there is a back-up arrangement to prevent the loss of the information included in the logbook.
(3) The logbook may include any details that the master considers relevant about the following matters about the vessel: (a) its key activities; (b) its position; (c) its navigation track; (d) a general summary of the weather it has experienced.
(4) The logbook must include details about the following matters: (a) any illness or injury of persons onboard; (b) any marine incident, other incident or accident involving the vessel or its equipment; (c) any assistance rendered to another vessel; (d) any unusual occurrence or incident; (e) all communications messages sent or received for an emergency; (f) each inspection of the vessel, its machinery and its equipment that is required under operation requirement 10.
(5) The information about an incident or occurrence mentioned in subclause (3) must be entered into the logbook as soon as practicable after it occurs.
(6) An entry in a logbook or engineering record book must be kept for at least 5 years after it is made.
(7) A logbook or engineering record book must not: (a) be mutilated or destroyed; or (b) include an illegible entry; or (c) include a false or fraudulent entry; or (d) be deliberately withheld from inspection.
(8) A written record of the following matters must be kept about any safety training undertaken by crew members: (a) the date of the training; (b) the name of each participant; (c) the nature of the training; (d) the location of the training. Examples of safety training
1. Initial safety training.
2. Training in emergency procedures. Note: This record may be included in the logbook.
Passenger documents

(9) For a voyage that is less than 12 hours long, at least 1 head count must be conducted of all passengers on board the vessel and the number of passengers on the vessel known by the master at any time.

(10) For a voyage that is at least 12 hours long, an up to date, readily available passenger manifest must be kept on board the vessel.

(11) The passenger manifest must include details about the following: (a) the name of the vessel; (b) an identification number for the vessel; (c) the voyage; (d) if required in an emergency — details of any medical or safety requirements of particular passengers; (e) for each person on board the vessel — name, address (local and home if a person has both), email address (if any) and phone number.

Crew documents

(12) An up to date crew list must be kept so that it is readily available.

(13) The crew list must include details about the following: (a) the name of the vessel; (b) the identification number of the vessel; (c) the name, address, phone number and email address (if any) of the owner of the vessel; (d) the name, address, phone number and email address (if any) of the employer of the crew; (e) the name, home address, phone number and email address (if any) of each crew member; (f) the name, address and phone number of each crew member’s next of kin; (g) the capacity in which each crew member is employed; (h) each certificate of competency or other certificate held by a crew member that is required by a standard prescribed under Marine Order 505 (i) the date each crew member joined the vessel; (j) the date each crew member left the vessel.
RIGHTS AND OBLIGATIONS.

3.1 Professional Services. SeaLogs will provide Customer with reasonable support regarding the access and configuration and use of the SeaLogs Services. If separately agreed in writing by the Parties, SeaLogs may also provide consulting, customization or other professional services with respect to the SeaLogs Services.

3.2 Continuous Development. The Parties acknowledge and agree that SeaLogs may continually develop, deliver and provide to Customer ongoing innovation to the SeaLogs Services in the form of new features, functionality, capabilities and services. Accordingly, SeaLogs reserves the right to modify the SeaLogs Services from time to time. Some modifications will be provided to Customer at no additional charge. In the event SeaLogs adds additional services to the SeaLogs Services, SeaLogs may condition the implementation of such services on Customer’s payment of additional fees.

3.3 Customisations. Customisations will be assessed and priced on a per-application basis and tailored around the specific requirements to meet the development needs. SeaLogs maintains ownership of any code, features and new designs that are created.

3.4 Security and Business Continuity. SeaLogs shall employ reasonable measures designed to protect the security of the Customer Data and SeaLogs Services. SeaLogs’ data security program will include reasonable administrative, physical and technical measures against the loss, unavailability, unauthorized access or alteration of Customer Data in the possession or under the control of SeaLogs.

3.5 Continued Access to Customer Data. Customer acknowledges that access to Customer Data may be limited or restricted a) if fees are not paid within the terms of the Agreement, or B) after termination or expiration of the Agreement. SeaLogs will retain Customer Data for a period of thirty (30) days following the end of the paid period, during which the Customer can download their completed log entries. After this period, SeaLogs will permanently delete the Customer Data, and SeaLogs will not be responsible for any loss of data post-deletion.

3.6 Data Management Assistance. SeaLogs will provide reasonable assistance to the Customer in downloading their data within the thirty (30) day period following termination. However, the Customer is solely responsible for ensuring that all data is downloaded and backed up as needed.
TREATMENT OF CONFIDENTIAL INFORMATION.

4.1 Use of data: When you enter or upload your data into our services, you retain ownership of that data but grant us a license to use, copy, transmit, store, analyze, and back up all data you submit to us through our services, including personal data of yourself and others. This is for purposes such as enabling your use of our services; allowing us to improve, develop, and protect our services; and more. We commit to taking reasonable steps to safeguard your data within our services.

4.2 Use of personal data. We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy details how we process your personal data that you enter into SeaLogs, like your name and email address. By using our service, you consent to such processing and you warrant that all data provided by you is accurate.

Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify trends, and for other uses, we communicate to you.

Ownership of Confidential Information. The Parties acknowledge that during the performance of this Agreement, each Party will have access to certain of the other Party’s Confidential Information that the disclosing Party is required to maintain as confidential. As between the Parties, both Parties agree that all items of Confidential Information are proprietary to the disclosing Party and will remain the sole property of the disclosing Party.

4.3 Mutual Confidentiality Obligations. Each Party agrees to employ reasonable safeguards to: (a) use Confidential Information disclosed by the other Party only for the purposes described herein; (b) hold in confidence and protect such Confidential Information from dissemination to, and use by, any third party; (c) not reproduce or create any derivative work from Confidential Information disclosed to such Party by the other Party except as needed to provide the SeaLogs Services; (d) restrict access to the Confidential Information disclosed by the other Party to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement; and (e) return or destroy, pursuant to Section 8.4, all Confidential Information disclosed by the other Party that is in its possession upon termination or expiration of this Agreement.

4.4 Confidentiality Exceptions. Notwithstanding the foregoing, the provisions of Sections 4.1 and 4.2 will not apply to Confidential Information to the extent it (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations at the time of disclosure; (e) is independently developed by the recipient; (f) is approved for release or disclosure by the disclosing Party without restriction; or (g) consists of Aggregate Data or Feedback. Each Party may also disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making any such disclosure, where possible, shall first have given written notice to the other Party in order to allow the other Party to seek, at its sole cost and expense, a protective order or other remedies to limit such disclosure; or (y) to establish a Party’s rights or enforce obligations under this agreement, but only to the extent that any such disclosure is necessary.
REPRESENTATIONS; WARRANTIES; DISCLAIMER.

5.1 Mutual Warranty. Each Party hereby represents and warrants that the (a) execution and performance of this Agreement will not conflict with or violate any provision of any law or regulation having applicability to such Party; (b) that the execution and performance of this Agreement will not be in violation of any agreement or obligation of such Party to a third party or in violation of the rights of any third party; and (c) that this Agreement, when executed and delivered, will constitute a valid and binding obligation of such Party and will be enforceable against such Party in accordance with its terms.

5.2 Disclaimer. EXCEPT AS EXPRESSLY REPRESENTED OR WARRANTED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SEALOGS SERVICES, THE DOCUMENTATION, AND ALL SERVICES PERFORMED BY SEALOGS ARE PROVIDED “AS IS,” AND SEALOGS DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY. SEALOGS DOES NOT WARRANT THAT THE SEALOGS SERVICES OR ANY OTHER SERVICES PROVIDED BY SEALOGS WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE SEALOGS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. SEALOGS HAS BEEN DESIGNED TO ALIGN TO THE CURRENT MARITIME NEW ZEALAND – MARITIME OPERATOR SAFETY SYSTEM, AND AUSTRALIAN MARITIME SAFETY AUTHORITY – NATIONAL STANDARD FOR COMMERCIAL VESSELS. ALTHOUGH SEALOGS IS NOT COMPLETELY RESPONSIBLE FOR COMPLIANCE WITH, AND MAKES NO REPRESENTATION OR WARRANTY THAT THE SEALOGS SERVICES WILL COMPLY WITH, ANY LAW OR REGULATION APPLICABLE TO CUSTOMER OR CUSTOMER’S INDUSTRY. SEALOGS’ SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SEALOGS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. SEALOGS SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CUSTOMER DATA, OR FOR ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON ANY CUSTOMER DATA.

It is noteworthy that the software mapping display, weather visualization map and GPS vessel positioning is as a guide only and shall not be used as a nautical chart, weather or for any navigational purposes.
LIMITATIONS OF LIABILITY.

6.1 Limitation of Liability. IN NO EVENT WILL SEALOGS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF SEALOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF SEALOGS TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE FEES PAID BY CUSTOMER FOR SEALOGS SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS UPON DAMAGES AND CLAIMS ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.

6.2 Data Loss Disclaimer. SeaLogs takes reasonable steps to safeguard the Services and Customer Data. However, SeaLogs shall not be responsible for the loss, corruption, alteration, or removal of any data inputted into the Services by Customer or its users. This includes any breach of data caused by malicious cyber-attacks. It is Your responsibility to back up its data. In no event will SeaLogs be liable for the integrity or security of Customer Data or for any loss of data or the consequences thereof. To the maximum extent permitted by applicable law, SeaLogs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

6.3 Essential Basis. Customer acknowledges and understands that the disclaimers, exclusions and limitations of liability set forth in Sections 5 and 6 form an essential basis of the agreement between the Parties and that absent such disclaimers, exclusions and limitations of liability, the terms, conditions and payment obligations of this Agreement would be substantially different.
INDEMNIFICATION.

7.1 By SeaLogs. SeaLogs will defend at its expense any suit brought against Customer by a third party, and will pay any settlement SeaLogs makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the SeaLogs Services when used in accordance with these SaaS Terms Of Use misappropriate any New Zealand intellectual property rights. If such a claim is made or is likely, Customer agrees to permit SeaLogs, at SeaLogs’ sole discretion, to enable it to continue to use the SeaLogs Services or to modify or replace any such infringing material to make it non-infringing. If SeaLogs determines that none of these alternatives is reasonably available, Customer shall, upon written request from SeaLogs, cease use of, and, if applicable, return, such materials as are the subject of the infringement claim and SeaLogs may terminate this Agreement or the SeaLogs Services. The foregoing indemnification obligation shall not apply if the alleged infringement arises, in whole or in part, from the Customer Data or any use of the SeaLogs Services not in accordance with these SaaS Terms Of Use. THIS SECTION STATES SEALOGS’ ENTIRE OBLIGATION AND LIABILITY WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.

7.2 Customer’s Indemnity Obligations. Customer agrees to hold harmless, indemnify, and, at SeaLogs’ option, defend SeaLogs from and against any losses, liabilities, costs (including reasonable Solicitors’ fees) or damages to the extent resulting from the Customer Data or any breach of these SaaS Terms Of Use.

7.3 Process. Any indemnification obligations set forth in this Agreement will be subject to the following conditions: (a) the indemnified Party will notify the indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification is sought; (b) the indemnifying Party will have control of the defence or settlement; and (c) the Indemnified Party will reasonably cooperate with the defence, at the indemnifying Party’s expense.

7.4 Terms of Use of Metservice. This information is made freely available by MetService. Despite this, MetService is not associated with, and does not endorse, SeaLogs or have involvement in how this information is presented. For more information, please see Metservice’s Terms of Use

7.5 Terms of Use for MetOcean. This information is provided for your own personal non-commercial use in accordance with the website terms and conditions. Copyright belongs to Meteorological Service of New Zealand Ltd 2008-2021. Access to SeaLogs weather data comes from the Marine API and is to be used in line with the terms and conditions set by MetOcean.

7.6 Terms of Use for Tides. The Tidal information is provided with the understanding and acceptance that weather predictions are by nature uncertain and there are no guarantees from any part regarding the correctness of the data. You also understand the Services does not create the weather forecast data and hence SeaLogs is not responsible for the correctness of the data provided via the Services. You understand the Services rely on the data sources (e.g., weather forecast institutes) to provide the weather data, and if these data sources have issues providing data at any given time for any reason, this is beyond SeaLogs' control. These issues include but are not limited to; issues in making data accessible to third parties, and issues in creating the weather data. The Services may be delayed or interrupted by other various events beyond SeaLogs' control including, but not limited to; failure by internet service providers, malfunction in data transmission, failure of communications or equipment, acts of war, acts of terrorism, weather disasters or national disasters. SeaLogs makes no guarantees as to the correctness or accuracy of the information and content provided as part of the Tide Services. The Services could include technical or typographical errors, inaccuracies or other errors. Unauthorized additions, deletions, and alterations could be made to the Services by third parties. The nature and content of the Services may be changed or updated without notice. You may request to SeaLogs to remove the auto-configuration of the Tide service at any time and change the input process to manual entry.

7.7 Terms of Use for Windy. SeaLogs understands and agrees that Windy does not endorse and is not responsible or liable for the functioning, features, or content of any Third Party Application or Device, nor does Windy warrant the compatibility or continuing compatibility of SeaLogs and Devices with their Services. SeaLogs acknowledges that the Content displayed or provided to the Users by any means through the Windy Services is not Windy's original content, but is exclusively based on the data and other content supplied to us by Windy's Suppliers (the “Supplied Content”). Windy's services do not in any way involve any interpretation of the Supplied Content, nor do they provide the Users with any meteorological services. The nature of Windy's services is merely to process the Supplied Content and, where appropriate, interpolate the input data (including the weather forecast data), in order that we can display and visualize it in our Services. With respect to this and the fact that Windy has limited control over the Supplied Content. SeaLogs and Windy accept no responsibility whatsoever and will not be held to account for such Supplied Content, as it is displayed or provided by any other means, especially in terms of its correctness and accuracy, towards you as the Users of our Services and towards any third parties, regardless of the platform or services by which the Supplied Content will be displayed, made accessible or used. For more detail on Windy's Terms of Use, please click here.
TERM AND TERMINATION.

8.1 Term Trial Policy. When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation in “Settings – Account” section of the Services.

8.2 Prepaid Subscriptions. SeaLogs will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription. The term for each Order will commence on the Effective Date of an Order as specified by SeaLogs and will continue for an initial term ranging from one (1) to twelve (24) months from the Effective Date, unless earlier terminated in accordance with this Section 8. Unless otherwise specified, each Order will automatically renew for a period of length ranging from one (1) to twelve (24) months at the end of the then-current term unless either Party provides written notice of its desire to terminate at least 3 days prior to the expiration of the then-current term (the initial term and each renewal term are collectively the “Term”). If the Customer provides written notice of its desire to terminate within the 3 days.

8.3 Subscription pricing may change during the agreed term. Adding new vessels, removing vessels or selecting from our list of add-on modules to your account, may change the subscription pricing. SeaLogs does not charge anything above the set subscription pricing rate yet International Banks may apply processing fees. This is external to the subscription pricing rate and therefore is separate from SeaLogs.

8.4 Termination for Breach. Either Party may, at its option, terminate an Order in the event the other Party materially breaches any of its duties, obligations or responsibilities under these SaaS Terms Of Use and fails to cure such breach (or provide an acceptable plan for curing such breach) within thirty (30) days after receipt by the breaching Party of written notice specifying the breach.

8.5 Suspension of Access. SeaLogs may suspend Customer’s access to the SeaLogs Services in the event any amount due under this Agreement is not received when due and Customer has not paid such amount within five (5) days of receipt of written notice of such overdue payment. In addition, SeaLogs may suspend access to the SeaLogs Services for any Customer or Eligible User who does not use the SeaLogs Services in conformance with these SaaS Terms Of Use, or if SeaLogs, in its reasonable discretion, has reason to believe whose use poses a threat to the security of SeaLogs Services or is in violation of section 2.2. SeaLogs will use commercially reasonable efforts where possible to provide notice in advance of such suspension and in any case within twenty-four (24) hours after commencing such suspension.

8.6 Data Download and Retention Upon Termination. Upon termination of the Service, SeaLogs will provide the Customer with a period of thirty (30) days to download all completed log entries and associated data ('Customer Data'). After this period, SeaLogs will no longer retain any Customer Data, and it will be permanently deleted from SeaLogs’ servers. SeaLogs will not be responsible for storing or managing any Customer Data beyond this thirty-day period.

8.7 Effect of Termination. Upon any termination of an Order, Customer will immediately discontinue all use of the SeaLogs Services and pay all amounts due and payable hereunder. Each Party will promptly delete any Confidential Information of the other Party, except that SeaLogs will retain Customer Data for such time as may be required by law or otherwise, to prevent fraud, resolve disputes, troubleshoot problems, or enforce these SaaS Terms Of Use. For up to seven (7) years after the effective date of termination, SeaLogs will, upon written request by Customer, use commercially reasonable efforts to provide Customer and/or an Eligible User with a copy of its Customer Data in a format supported by SeaLogs. After such periods as specified in this section, SeaLogs may archive Customer Data and Customer acknowledges and agrees that SeaLogs will have no liability for any such archiving. No Customer Data will be deleted by SeaLogs and available on request for the period of seven (7) years.

8.8 Dispute Resolution. In the event of any dispute arising from or related to these Terms of Use, the parties shall first attempt to resolve the dispute through amicable negotiation. If the dispute cannot be resolved through negotiation within a period of thirty (30) days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of New Zealand, whose decision shall be final and binding.

8.9 Survival. The provisions of Sections 2.4, 2.5, 2.6, 4-7, 8.4, 8.5, 8.6, 8.7, and 9 will survive the termination or expiration of this Agreement.
MISCELLANEOUS.

9.1 Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties and, except as specifically provided herein, supersedes and merges all prior agreements between the Parties with respect to the subject matter hereof, and neither of the Parties will be bound by any conditions, inducements or representations other than as expressly provided for herein.

9.2 Independent Contractors. Nothing contained herein will be construed or implied to create an agency, partnership or employer and employee relationship between the Parties.

9.3 Amendments; Modifications. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect, notifying Customers via Email of such updates. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

9.4 Assignment; Delegation. Customer shall not assign any of its rights or delegate any of its duties under this Agreement without the express, prior written consent of SeaLogs. Absent such consent, any attempted assignment or delegation will be null and void. SeaLogs may assign its rights or delegate its duties under this Agreement to any Affiliate.

9.5 Severability. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement will not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever.

9.6 Force Majeure. Except with respect to payment obligations hereunder, if a Party is prevented or delayed in the performance of its obligations hereunder as a result of circumstances beyond such Party’s reasonable control, including, by way of example, Internet access outside of SeaLogs’ control, war, terror, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, such failure or delay will not be deemed to constitute a material breach of this Agreement, but such obligation will remain in full force and effect, and will be performed or satisfied as soon as reasonably practicable after the termination of the relevant circumstances causing such failure or delay, provided that if such Party is prevented or delayed from performing for more than ninety (90) days, the other Party may terminate this Agreement upon thirty (30) days’ written notice.

9.7 Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9.8 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of New Zealand. For purposes of all claims brought under this Agreement, each of the Parties hereby irrevocably submits to the exclusive jurisdiction of the courts located in New Zealand.

LAST REVIEWED: September 29th, 2024.

Our Terms of Use

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