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Terms of Use

Nebo Terms of Use:

Nebo Global Pty Ltd (ACN 612 324 679) (“Nebo Global” or “we”) owns and operates the Nebo software application which provides a voyage tracking and social platform for the boating community (the “Nebo App”). Nebo Global is based in Perth, Western Australia. The services offered by Nebo Global include the Nebo App, any Nebo branded URL or website, any Nebo mobile services and any other features, content or applications offered from time to time by Nebo Global using the Nebo App or in connection with the Nebo App (collectively, the “Nebo Services”).

By accessing and using the Nebo Services you agree to these terms of use as updated from time to time (“Terms of Use”). You agree that Nebo Global may change and update these Terms of Use from time to time and that the most recent version of the Terms of Use posted on Nebo Global’s website or available via the Nebo App will apply and legally bind you. We recommend that you review the Terms of Use regularly at www.nebo.global.

Nebo Global cannot guarantee uninterrupted access to and use of the Nebo Services at all times. The Nebo Services do not provide fail-safe performance and should not be used for life saving or navigation purposes.

Definitions

  1. In these Terms of Use:
    1. “Content” means videos, data, text, photos, voyage data, vessel identifiers, computer device identifiers, graphics, sounds, audio, audiovisual combinations, interactive features and other content and materials;
    2. “Intellectual Property Rights” means all present and future legal, ownership, title and other rights conferred by statute, common law, equity or any other law in relation to copyright, confidential information, patents, patent applications, trademarks, service marks, trade names, logos, brands, registered designs, unregistered designs, know how, trade secrets, business names, domain names, internet addresses, authorship, attribution, software (including code, modules, components and algorithms), circuit layouts, utility models, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, and all and any other intellectual property rights, whether registered or unregistered, and including all rights to apply for such rights, all rights to claim priority from all applications or registration, and all amendments, supplementals, extensions, re issues, re-grants, continuations or continuations in part and divisions;
    3. “Loss” means loss, liability, expense, damages or costs or any kind, including consequential or indirect loss and legal costs and expenses;
    4. “Nebo Material” means all:
    5. content, data, graphics, photographs, images, trademarks, trade names, material, operation manuals and other information Nebo Global includes in the Nebo Services or which is made accessible via the Nebo Services; and
    6. software forming part of, or used in connection with, the Nebo Services including all software code, source code, object code, binary code, executable code, modules, components, dynamic link libraries, executable programs, architectural models, process models, object models, database schemas, accompanying or associated media, business rules, algorithms, configurations, backups, updates, service packs, patches and hot fixes; and
    7. “Loss” means loss, liability, expense, damages or costs or any kind, including consequential or indirect loss and legal costs and expenses;
    8. “Post” means post, submit, upload, display or otherwise make available using the Nebo Services or allow the Nebo Services to gather, collect, post or upload.

    Other definitions are contained within these Terms of Use. This is indicated by the use of quotes “”.

    Your use of the Nebo Services and your privacy rights

  2. To use the Nebo Services you must create a user login (“Login”). Your Login will allow you to set up a user account (“Account”). You will be required to provide some personal information to Nebo Global when you create your Account. We will collect and use your personal information in accordance with these Terms of Use.
  3. When you create an Account, Nebo Global will ask you to provide certain personal information. This includes the following: your name, your email address, your vessel name and type, home port and other personal and vessel identifiers.
  4. You must not provide any false information to Nebo Global. In particular, you must not use a false name or impersonate any other person or entity.
  5. You must not use an Account registered by any other user without their permission.
  6. You agree that Nebo Global will, using the Nebo Services, track, log and store the location and movements of devices on which the Nebo App is installed. This includes real time logging of GPS coordinates, routes, times, dates and duration at locations at which such devices are located.
  7. You agree that Nebo will send to your email address notifications and reports, including containing certain data tracked and logged by the Nebo App, as determined by Nebo Global. Such notifications and reports will be sent at frequencies as determined by Nebo Global. Data in reports may be summarised, aggregated, anonymised and reported in any way as determined by Nebo Global.
  8. Nebo Global undertakes to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) in respect of personal information provided by you, information collected by Nebo Global or the Nebo Services, any Content you Post on the Nebo Services and information regarding the way you access the Nebo Services. Nebo Global’s Privacy Policy is contained on Nebo Global’s website.
  9. Subject to your rights under the Privacy Act 1988 (Cth), you agree that Nebo Global may use and commercially exploit information and data provided to Nebo Global by you or gathered by Nebo Global using the Nebo Services in connection with your use of the Nebo Services for Nebo Global’s technical development, product development, marketing, funding, support and revenue generation purposes. Nebo Global may also provide that information and data to its partners and other third parties as determined by Nebo Global in its discretion (including in return for payment), subject to compliance by it with the Privacy Act 1988 (Cth). Data and information may be summarised, aggregated, anonymised and reported in any way as determined by Nebo Global, subject to compliance by it with the Privacy Act 1988 (Cth).
  10. You are responsible for keeping your Account password secure and must not share your password with anyone.
  11. Nebo Global endeavors to use reasonable security measures to protect against unauthorized access to your Account. Nebo Global cannot, however, guarantee absolute security of your Account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party hackers from illegally accessing the Nebo Services. You accept all risk of unauthorised access to Content you Post to the Nebo Services.
  12. You must not abuse, harass, threaten, impersonate or intimidate other Nebo Services users.
  13. You must not create or submit unwanted email, advertising, spam or comments to any user of the Nebo Services. You must not gather or harvest information about other users of Nebo Services in order to facilitate the transmission of such materials.
  14. You must not use the Nebo Services for any illegal or unauthorised purpose or in violation of any law, including any intellectual property law.
  15. You must respect the rights of third party property owners.

    Content you Post

  16. You are solely responsible for your conduct and any Content that you Post.
  17. You represent and warrant that you own (or are authorised to Post) all of the Content that you Post.
  18. You acknowledge that when you Post Content to the Nebo Services that Content and details associated with it (for example meta data) may be uploaded and made available online, including to other users of the Nebo Services.
  19. You must not Post any Content that:
    1. is defamatory, libelous or malicious;
    2. contains viruses, trojans or malicious code;
    3. is illegal, misleading or deceptive, obscene, abusive, vulgar, offensive, indecent, objectionable, threatening, harmful, depicts nudity, sexual activity or violence, is unsuitable for children or that prevents other users from enjoying the Nebo Services;
    4. infringes, or may infringe, on any Intellectual Property Right of any entity; or
    5. infringes, or may infringe, on any property rights of a third party without first obtaining the consent of that third party.
  20. You agree that Nebo Global has the right (but not an obligation) to monitor and moderate Content and that Nebo Global may edit or remove any Content Posted by you at any time without giving any explanation or justification for editing or removing the Content.
  21. If you Post Content or share information with other users of Nebo Services (including sharing your vessel’s location or voyages or other vessel identifiers in real time or on user forums or noticeboards) you accept all risk associated with such Posting or sharing. Nebo Global has no control over the truth, accuracy, quality, legality, or safety of Postings made by other users of the Nebo Services.
  22. You grant to Nebo Global a perpetual, non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, distribute, reproduce, republish, exploit and modify any Content in respect of which you own Intellectual Property Rights that you Post on or using the Nebo Services or in connection with the Nebo Services, including the right to sub-license the rights to the Content. This license includes all information and data gathered, tracked, logged and stored by the Nebo Services in connection with your use of the Nebo Services.
  23. You agree that Nebo Global may access and disclose your Content and information you have given to Nebo Global or collected by the Nebo Services if required to do so by law or in a good faith belief that such access or disclosure is reasonably necessary to:
    1. comply with the law;
    2. enforce these Terms of Use;
    3. respond to claims that any Content violates the rights of third parties;
    4. respond to your requests for customer service; or
    5. protect the rights, property or personal safety of Nebo Global and its customers.

    Nebo Global’s Intellectual Property Rights and other rights

  24. Nebo Global owns, or is licensed to use, the Intellectual Property Rights in the Nebo Services and the Nebo Material. You agree that you do not own or have any interest or claim to any Intellectual Property Rights in the Nebo Services or the Nebo Material.
  25. You must not infringe Nebo Global’s Intellectual Property Rights in the Nebo Services and the Nebo Material. In particular, you must not sell, market, license, sublicense, lend, loan, distribute, transmit, rent, lease or Post any Nebo Material or any data generated by the Nebo Services,
  26. You agree to not copy ideas, features, functions or graphics of the Nebo Services for use in another product or service.
  27. You must not reproduce, customise, reverse engineer, decipher, decompile, modify, disassemble, incorporate the Nebo Material in whole or in part in any other software or product, or develop derivative works of the Nebo Material or allow others to do so or upload or re-post the Nebo Material to any other site on the internet without obtaining Nebo Global’s prior written consent.
  28. You must not do any of the following:
    1. use or reproduce Nebo Global’s name or logo without the prior written permission of Nebo Global;
    2. interfere with or disrupt the integrity, functionality or performance of the Nebo Services;
    3. circumvent, alter or modify disabling mechanisms which may be resident in the Nebo Services or mechanisms that control access to use of the Nebo Services;
    4. gain or attempt to gain unauthorised access to the Nebo Services or related systems or networks;
    5. circumvent the Nebo Services structure, presentation or navigational function so as to obtain information Nebo Global has chosen not to make publically available through the Nebo App;
    6. incorporate or use the Nebo Services in whole or in part in any other software, service or product;
    7. access (or attempt to access) the Nebo Services or Content Posted on it through any automated means (including the use of any script, web crawler, robot, spider, or scraper);
    8. attempt to disguise the origin of any access (or attempted access) to the Nebo Services; and
    9. use the Nebo Services for commercial gain by anyone.

    Nebo Global’s liability

  29. Nebo Global has the right to modify or update the Nebo Services (including adding or removing functionality) from time to time and without further notice to you.
  30. You agree that Nebo Global is not responsible for any Content posted on the Nebo Services by other users and that you use the Nebo Services at your own risk. Nebo Global does not control or monitor all Content Posted to the Nebo Services by others and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Nebo Services you may be exposed to Content that is offensive, indecent or objectionable. You agree that Nebo Global is not responsible for the removal or deletion of any Content Posted on the Nebo Services.
  31. The Nebo Services are provided to you “as is” and without warranty as to suitability or fitness for purpose or with any implied warranties. Nebo Global does not warrant guarantee or make any representation:
    1. that your use of the Nebo Services is legal;
    2. as to the performance of the Nebo Services;
    3. that the Nebo Services or any part of it will operate uninterrupted or are error-free;
    4. that errors and defects in the Nebo Services will be corrected;
    5. that geographical information in the Nebo Services is accurate, up to date and current; or
    6. that the Nebo Services will be updated.
  32. While Nebo Global has taken reasonable steps to ensure the information it provides via the Nebo Services is accurate and up to date, Nebo Global does not warrant the reliability, accuracy, correctness or completeness of any of the information or services provided on the Nebo Services. You must rely solely on you own assessments and verification of the Content.
  33. You expressly agree that your boating activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Nebo Global or by the action, inaction or negligence of others. You also expressly agree that Nebo Global does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group boating event or event that utilizes the Nebo Services.
  34. You acknowledge that:
    1. Nebo Global cannot guarantee uninterrupted access to and use of the Nebo Services at all times;
    2. the Nebo Services are not fault tolerant and are not designed or intended for use in connection with environments that require fail-safe performance; and
    3. the Nebo Services should not be used for life saving purposes or for navigation purposes.
  35. While Nebo Global will use reasonable efforts to minimise the risk of software viruses, trojans and malicious code, Nebo Global cannot, and does not, warrant, guarantee or make any representation that the Nebo Services, or the server that makes the Nebo Services available online, are free of software viruses, trojans or any malicious code.
  36. You are responsible for making sure that your smartphones, tablets, computers and communication and GPS systems are suitably configured, maintained and operated to enable you to use the Nebo Services. Nebo Global reserves the right to prescribe minimum specifications and operating requirements for any device on which a Nebo Service is offered, in its sole discretion.
  37. You are responsible for all telecommunications and data costs (including roaming costs) associated with your use of the Nebo Services.
  38. You agree that you will bear the full cost of any necessary repair, correction and maintenance of any of your smartphone or computer software or hardware, which may be necessary as a consequence of you installing or using the Nebo Services.
  39. Nebo Global and its respective officers, employees, contractors and agents (each a “Nebo Global Officer”) have no liability for Loss which you or anyone else may incur, arising directly or indirectly in connection with your use or misuse of the Nebo Services.
  40. Nebo Global is not liable to you or anyone else for, and you release Nebo Global and all Nebo Global Officers, for all liability in respect of:
    1. any Loss you suffer or incur associated with your use of the Nebo Services (including any data charges incurred by you);
    2. loss of any Content;
    3. errors or omissions in the Nebo Services, or linked sites on the Nebo Services;
    4. delays to, interruptions of or cessation of the services provided in the Nebo Services, or linked sites;
    5. defamatory, offensive or illegal conduct of any user of the Nebo Services,

    whether caused through the actions or omissions of Nebo Global or Nebo Global Officers, or through any other cause.

  41. You agree to at all times indemnify and keep indemnified Nebo Global and each Nebo Global Officer from and against any Loss or liability incurred by Nebo Global or any Nebo Global Officer arising from any claim, demand, suit, action or proceeding by any person against Nebo Global or any Nebo Global Officer, where such Loss arises out of, in connection with or in respect of any of the following:
    1. any Loss you suffer or incur associated with your use of the Nebo Services (including any data charges incurred by you);
    2. a breach of these Terms of Use by you;
    3. your use or misuse of the Nebo Services;
    4. your boating activities; or
    5. Posting or publication of or distribution of Content or information supplied by you.
  42. The Nebo Services may provide links to other Internet sites or resources or services provided by third parties. Nebo Global 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.
  43. The Nebo Services utilise or connect with data feeds and functionality provided by third parties, including weather feeds, messaging platforms and links to social media platforms. Nebo Global is not responsible for the availability or accuracy of such external services or resources, and does not endorse and is not responsible for data or functionality provided by those third parties. Any Content you Post to social media platforms is subject to the terms and conditions of that platform.

    Termination of access

  44. Nebo Global may terminate or suspend your access to the Nebo Services at any time without giving you any explanation or justification for the termination of your access.
  45. Nebo Global reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Nebo Services or any portion thereof with or without notice.
  46. You agree that Nebo Global has no liability for any Loss arising as a consequence of terminating your access to the Nebo Services.

    Guaranteed consumer rights

  47. The Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) provides consumer rights and remedies that may not be contracted out of, in part or wholly. Other countries may have laws that guarantee certain consumer rights. Where those consumer laws, rights and remedies apply to the provision of the Nebo Services to you and cannot be contracted out of, they apply and override any inconsistent provisions in these Terms of Use but only to the extent of and duration of the inconsistency.
  48. Where you are entitled to a statutory right or term that Nebo Global is not able to exclude but Nebo Global is entitled to limit your remedy for a breach of that right or term, then Nebo Global’s liability for breach of that right or term is limited to (at Nebo Global’s election):
    1. in the case of goods Nebo Global supplies, the repair or replacement of the goods or the supply of substitute goods (or payment of the cost of doing so); or
    2. in the case of services Nebo Global supplies, the supplying of the services again, or the payment of the cost of having the services supplied again.

    Other

  49. These Terms of Use represent the entire agreement between you and Nebo Global on the subject matter. All representations, communications and prior agreements in relation to the subject matter are superseded by these Terms of Use.
  50. You acknowledge that Nebo Global may assign its interest in the Nebo Services at any time.
  51. If any part of these Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
  52. These Terms of Use will be governed by and interpreted in accordance with the law of the Western Australia and you agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of these Terms of Use.
  53. If you access the Nebo Services in a place outside Western Australia you agree to comply with all laws in force in that place in addition to the Terms of Use and all laws in Western Australia.

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