Terms of Use

MOBY MARINE SERVICES Business Network Web “MBN” Site

Terms of Use ("Terms")

These are the Terms on which MOBY MARINE SERVICES Pty Ltd (MOBY MARINE SERVICES) permits users to access the MOBY MARINE SERVICES Moby Business Network Web Site (MBN Site).

Your access to the MBN Site is subject to these Terms and the MOBY MARINE SERVICES Privacy Policy (Privacy Policy) available at Privacy & Security. Upon accessing the MBN Site, you agree to be subject to the Privacy Policy and to these Terms. If you do not agree to the Terms and the Privacy Policy, you must not use or access the MBN Site.

1. Licence to MBN Site

1.1 MOBY MARINE SERVICES grants you a non-exclusive, non-transferable, revocable licence to access and make personal use of the MBN Site and any information, documentation, articles or other content available on the MBN Site (Content).

1.2 This licence does not include any commercial use of the MBN Site or Content, including but not limited to collecting user names and/or email addresses or sending unsolicited emails. The licence expressly excludes using the MBN Site to advertise or solicit other users to buy, sell or hire any products or services.

1.3 The MBN Site or any portion of the MBN Site or Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of MOBY MARINE SERVICES. You are not permitted to link to or frame the MBN Site or any Content without MOBY MARINE SERVICES's express written permission.

2. Change of Functionality or Content

MOBY MARINE SERVICES reserves the right to change the functionality and Content (including limiting access to or ceasing to provide the Content) of the MBN Site at any time without prior written notification to you.

3. Passwords

By using the MBN Site, you are responsible for maintaining the confidentiality of your MOBY MARINE SERVICES alias and password and for restricting access to your computer. You agree to be liable if your MOBY MARINE SERVICES alias or password is used by an unauthorised person.

4. Access and Security

MOBY MARINE SERVICES does not warrant that you will have continuous access to the MBN Site or your access or use will be error free. MOBY MARINE SERVICES will not be liable in the event that the MBN Site is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.

5. Linked Web MBN Sites

5.1 The MBN Site may contain links to other web MBN Sites (linked web MBN Sites). Those links are provided by MOBY MARINE SERVICES for convenience only and MOBY MARINE SERVICES is not responsible for the content or privacy practices associated with linked web MBN Sites.

5.2 MOBY MARINE SERVICES links with linked web MBN Sites should not be construed as an endorsement, approval or recommendation by MOBY MARINE SERVICES of those linked web MBN Sites.

6. Denial of access and termination

MOBY MARINE SERVICES reserves the right at any time to:

(a) deny or terminate all or part of your access to the MBN Site where in MOBY MARINE SERVICES's opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms;

(b) block or suspend your account, hide your profile, or delete prohibited User Content (including all or part of your profile); or

(c) deactivate your account where you have not used the MBN Site for a period of 12 months or more (as calculated by the date of last connection to the MBN Site).

7. Intellectual Property

You acknowledge that you do not obtain or own any intellectual property rights whatsoever in the MBN Site or the Content and all intellectual property rights subsisting in the MBN Site and any Content remains vested in MOBY MARINE SERVICES or its third party licensors.

8. User Content

8.1 If you post or submit any information, content, comment, emails, photos, profiles or other material (User Content) on the MBN Site, and unless MOBY MARINE SERVICES indicates otherwise, you grant to MOBY MARINE SERVICES a non-exclusive, royalty-free, perpetual, irrevocable world wide and fully sublicensable right to use, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.

8.2 You warrant that you own or otherwise control all of the rights to the User Content that you post, will be solely responsible for the User Content that you post, that the User Content is accurate, that the use of the User Content you supply does not violate any applicable laws or the Terms and will not cause injury to any person.

8.3 You may post User Content provided that the User Content is not:

(a) illegal, offensive, racist, obscene, objectionable, threatening, defamatory or invasive of privacy;

(b) false and/or misleading;

(d) infringing any intellectual property rights;

(e) composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children);

(f) consisting of or containing software viruses;

(g) used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"; or

(h) impersonating any person or otherwise misleading as to the origin of any User Content.

8.4 MOBY MARINE SERVICES has the right but not the obligation to monitor, review and edit or remove any User Content. MOBY MARINE SERVICES takes no responsibility and assumes no liability for any User Content posted by you or any third party.

9. Disclaimer of warranties

9.1 MOBY MARINE SERVICES cannot guarantee the safety or security of your computer systems. MOBY MARINE SERVICES does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the MBN Site.

9.2 MOBY MARINE SERVICES makes no representations or warranties of any kind, express or implied as to the operation of the MBN Site, the Content, User Content, or the conduct of the users. You expressly agree that your use of the MBN Site is entirely at your sole risk.

9.3 Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

9.4 Content provided on the MBN Site does not constitute financial, legal or taxation advice. You should seek independent financial, legal and taxation advice to determine if any Content is appropriate to your individual circumstances.

10. Limitation of liability

10.1 To the fullest extent permissible by applicable law, MOBY MARINE SERVICES disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness. MOBY MARINE SERVICES will not be liable for any damages of any kind arising from the use of the MBN Site, Content, or User Content.

10.2 The maximum aggregate liability of MOBY MARINE SERVICES for all proven losses, damages and claims arising out of these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of $100.

10.3 Where MOBY MARINE SERVICES's liability cannot be excluded under any law, MOBY MARINE SERVICES's liability will be limited to, at its discretion, either re-supplying the MBN Site to you or paying you the cost of re-supplying the MBN Site to you.

10.4 Despite any other clause, MOBY MARINE SERVICES is not liable to you or to any other person for:

(a) any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you; or

(b) any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

10.5 Nothing in this clause limits a party's liability with respect to damages for:

(a) personal injury, including sickness and death; or

(b) damage to any real property or chattels.

11. Jurisdiction

These Terms will governed by the law of the State of New South Wales, Australia, and any dispute arising out of these Terms or the use of the MBN Site will be determined by the courts of that State and their appellate courts.

12. Changes to Terms

MOBY MARINE SERVICES reserves the right to change these Terms at any time and will post a notice on the MBN Site giving notice of that change for a period of 30 days. Any subsequent access to, or use of the MBN Site immediately following the change will constitute an acceptance of those modifications to the Terms.

13. General

13.1 The failure of MOBY MARINE SERVICES to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.

13.2 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

13.3 Related parties of MOBY MARINE SERVICES may enforce these Terms in accordance with MOBY MARINE SERVICES's rights and obligations under these Terms.