1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and GlowGenie Marina Guide ("we," "our," or "us") regarding your use of our website at glow-genieninja.com and our marina guidance services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.
2. Description of Services
GlowGenie Marina Guide provides professional marina guidance services for Australian waters, including:
- Marina reviews and ratings
- Route planning and navigation consultation
- Mooring and berthing advice
- Sailing consultation services
- Educational content and resources
- Newsletter and blog content
3. Eligibility
You must be at least 18 years old to use our services. By using our services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- All information you provide is accurate and complete
4. User Responsibilities
4.1 Account Security
If you create an account with us, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information remains accurate and current
4.2 Prohibited Uses
You agree not to use our services to:
- Violate any applicable laws or regulations
- Transmit harmful, threatening, abusive, or defamatory content
- Impersonate any person or entity
- Interfere with or disrupt our services or servers
- Attempt to gain unauthorized access to our systems
- Collect or harvest information about other users
- Use our services for commercial purposes without permission
5. Professional Advisory Services
5.1 Nature of Advice
Our marina guidance services are provided for informational and advisory purposes only. While we strive to provide accurate and current information, you acknowledge that:
- Maritime conditions can change rapidly and unpredictably
- Our advice is based on available information at the time provided
- Local conditions may differ from our assessments
- You remain solely responsible for all navigation and safety decisions
5.2 Professional Disclaimer
Our services do not replace:
- Official nautical charts and navigation aids
- Current weather and sea condition reports
- Licensed marine pilot services where required
- Your own professional judgment and seamanship skills
6. Safety and Risk Acknowledgment
IMPORTANT SAFETY NOTICE: Boating and maritime activities involve inherent risks. You acknowledge that:
- You participate in maritime activities at your own risk
- Weather and sea conditions can be dangerous and unpredictable
- Our guidance does not guarantee safe passage or conditions
- You are responsible for your own safety and that of your crew
- You should always maintain appropriate safety equipment and procedures
- Emergency services may not be readily available in remote areas
7. Intellectual Property Rights
7.1 Our Content
All content on our website and in our services, including text, graphics, logos, images, and software, is owned by us or our licensors and is protected by intellectual property laws. You may not:
- Reproduce, distribute, or publicly display our content without permission
- Create derivative works based on our content
- Use our trademarks or service marks without permission
- Remove or alter any copyright or proprietary notices
7.2 User Content
By submitting content to us (reviews, comments, feedback), you grant us a worldwide, royalty-free license to use, reproduce, and distribute such content in connection with our services.
8. Payment Terms
8.1 Service Fees
Certain services may require payment of fees. When applicable:
- Fees will be clearly disclosed before service provision
- Payment is due according to the terms specified
- All payments are in Australian Dollars unless otherwise specified
- Fees are non-refundable except as required by law
8.2 Billing Disputes
If you dispute any charges, you must notify us within 30 days of the charge appearing on your statement.
9. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our services are provided "as is" and "as available"
- We make no warranties, express or implied, regarding our services
- We do not warrant that our services will be uninterrupted or error-free
- We do not guarantee the accuracy, completeness, or timeliness of information
- We disclaim all warranties of merchantability and fitness for a particular purpose
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, or consequential damages
- Our total liability shall not exceed the amount paid by you for our services in the 12 months preceding the claim
- We are not liable for any loss or damage arising from your reliance on our services
- We are not responsible for third-party content or services
12. Indemnification
You agree to indemnify and hold harmless GlowGenie Marina Guide, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Your maritime activities and decisions
13. Third-Party Services and Links
Our website may contain links to third-party websites or services. We are not responsible for:
- The content or practices of third-party websites
- The availability or performance of third-party services
- Any transactions you conduct with third parties
- The privacy practices of third-party websites
14. Modifications to Services
We reserve the right to:
- Modify, suspend, or discontinue our services at any time
- Change our service features or functionality
- Update our pricing or fee structure
- Impose usage limits or restrictions
15. Termination
15.1 Termination by You
You may terminate your use of our services at any time by ceasing to use our website and services.
15.2 Termination by Us
We may terminate or suspend your access to our services immediately, without prior notice, if you:
- Violate these Terms or our policies
- Engage in fraudulent or illegal activities
- Pose a security risk to our systems or other users
- Fail to pay applicable fees
15.3 Effect of Termination
Upon termination:
- Your right to use our services ceases immediately
- We may delete your account and associated data
- Provisions of these Terms that should survive will remain in effect
16. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
17. Dispute Resolution
17.1 Informal Resolution
Before initiating formal proceedings, you agree to first attempt to resolve disputes through informal negotiation by contacting us at [email protected].
17.2 Mediation
If informal resolution fails, disputes may be submitted to mediation through a mutually agreed mediator in Sydney, Australia.
18. Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
20. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will:
- Update the "Last updated" date at the top of these Terms
- Notify you through our website or by email
- Provide a reasonable period for you to review the changes
Your continued use of our services after changes take effect constitutes acceptance of the new Terms.
21. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and GlowGenie Marina Guide regarding your use of our services.
22. Contact Information
If you have questions about these Terms, please contact us:
23. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies available under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.