App Terms of Use

These Terms of Use apply to the use of this App. We may modify and update these terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. In using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, we cannot accept your listing.

 DEFINITIONS

“App” means the Marine Zones software application for mobile phones and tablet computers.

“We”, “our” and “us” means BKG Solutions Pty Ltd, ABN: 84 154 691 577

“You” means each of the subscriber and End User of the App and by downloading and using the App, agree to these Terms of Use.

USE OF THE APP

You agree not to modify, adapt or ‘hack’ the App or make any modifications that falsely imply any association with the App. You agree you will not reproduce, duplicate, copy, sell, resell or exploit any portion of the App without our express written consent.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

You may only use the App or any part for your own your personal, non-commercial use. You do not have any right or title to the software or App, or any part thereof, and may not distribute or otherwise reproduce in any part or in whole.

TERMS OF USE OF THIRD PARTY SOFTWARE NOTICES 

The running, use and installation of this App requires the download and access to third party software. All of these Terms of Use apply to both the App and all third party software. In particular, You agree to the following terms and notices as an End-user:

(a) Australian Government Great Barrier Reef Marine Park Authority (“GBRMPA”):

This Data is provided under license to you from © Commonwealth of Australia (Great Barrier Reef Marine Park Authority) 2010.

Neither the Commonwealth nor GBRMPA gives a warranty regarding the Data’s accuracy, completeness, currency or suitability for any particular purpose.

To access the most current version of the Data, visit the GBRMPA web site (www.gbrmpa.gov.au).

(b) Queensland Department of Natural Resources and Environment: The Great Sandy Marine Park zoning is currently being updated as part of the Mid-point review. The park limits shown on this app are indicative only.  For additional information regarding the Great Sandy Marine Park please contact Marine Policy on 07 3330 5882.

(c) The State of Queensland (Department of Environment & Resource Management): This App is based on or contains data provided by the State of Queensland (Department of Environment & Resource Management) 2012. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including currency, accuracy, reliability, completeness, or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. 

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App or any part of it, either temporarily or permanently with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not.

LIMITATION OF LIABILITY 

Your use of the App is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis. Your reliance on any results obtained from using the App data and interpretation you place on these results must be used with appropriate precautions and should be done at your own risk. We cannot know nor be responsible for your interpretation or use of the data. Whilst we try to ensure accuracy where possible, all data and in particular the zoning data is not to be used for navigational purposes and we cannot be held responsible for, nor do we warrant its accuracy. The App information and data is illustrative only and not to be used for or as an aid to navigation. It is only designed to assist with authorized government charts.

In some cases, the information and data on the App may be indicative only, has not been confirmed nor finalised by the relevant authority and we will advise this where possible.

Important note: GPS is not reliable and may result in a false reading or location. GPS reception relies on satellite signals that may be diminished and may result in incorrect or inaccurate map boundaries, predesignated areas or map co-ordinates. Phone hardware, poor reception, nearby magnetic anomalies, environmental disturbances, and obstructions such as boat cabins, are just some examples of instances that may affect the data. We cannot control nor be responsible for this and expressly disclaim the accuracy, adequacy, and completeness of the data. We shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data or for any actions taken in reliance thereon.

In addition, you agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the App. In particular, by using this App, you agree that we are not liable for any (i) inaccuracy, error or failure of the software; (ii) any loss or damage, including any consequential, indirect, incidental, special or direct loss or damage) arising from any download or your use of this App including any virus or other damage to your systems.

This limitation of liability includes any third-party licensed software which is licensed to us to enable use of this App. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and our liability is limited to the fee paid for of purchase of the App.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us or the third party licensor as relevant.

All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site and App. Any unauthorized use of the materials appearing on this site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All software incorporated in or generated in using this App is proprietary and belongs to us or the third party licensee. You may not distribute or reproduce it

GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales which are in force from time to time and both You and we agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms of Use.