Thank you for using our goods and services. The services are provided by Igtimi Limited and/or Affiliates (as defined below, collectively "Igtimi" or "we" or “our”). An "Affiliate" is an entity with Igtimi in its name that, directly or indirectly, controls, or is controlled by, or is under common control with, Igtimi Limited (where "control" means ownership of fifty percent (50%) or more of the voting stock of corporate entities, or an equivalent interest for non-corporate entities).
You must not remove, obscure, or alter any legal notices displayed in or along with our goods or services.
We may send you service announcements, administrative messages, and other information in relation to our goods and services. It may be possible for you may select to not receive some announcements, messages or other information.
You may need an account in order to use some of our goods or services. You may create your own account, or your account may be assigned to you by an administrator. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
If you become aware of any unauthorized use of your password or account, please reset your password or contact the administrator who created or maintains your account (if applicable) or, if you are unable to access your account, contact us by sending an email outlining the situation to: info[at]igtimi[dot]com.
Igtimi's Privacy Statement (www.igtimi.com/privacy) sets out the policies applicable to how your personal information is treated. By using our goods or services, you are agreeing that Igtimi's Privacy Statement applies in relation to your use of the good or service.
If our services allow you to upload or submit content or materials, the intellectual property rights in that content and materials does not transfer to us. You, or the owner of such intellectual property, remain the owner of that intellectual property. When you upload or submit content or materials when using our goods or services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our goods and services), communicate, publish, publicly perform, publicly display and distribute such contents or materials. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our goods and services, and to develop new ones. This license continues even if you stop using our goods or services. Please make sure you have the necessary rights to grant us this license for any content or material that you submit or upload to when using our goods or services.
If you submit feedback or suggestions about our goods or services, we shall own and may use your feedback or suggestions at our discretion without any obligation to you.
You must not copy, modify, distribute, sell, lease or reverse engineer any part of our goods or services, or any part of our software included or associated with our goods or services (including, but not limited to, you must not attempt to extract the source code of any part of our software), except to the extent that: (a) an applicable law prohibits the restrictions set out in this sentence, or (b) you have our written permission.
Modifying and Terminating our Services
We use a commercially reasonable level of skill and care when we design and provide our services, however the services are provided on an “as is” basis and we cannot guarantee or make any specific promises about the service, its reliability or availability, or its ability to satisfy your individual needs, because there are many factors outside our control that are involved (such as, but not limited to, that data may be transmitted over networks that we do not own or operate including the Internet).
Unless and to the extent that: (i) we are prohibited by law from doing so, or (ii) we have specifically identified that we will provide such warranty in our terms of service, we hereby exclude all express or implied warranties applicable in your jurisdiction, such as (but not limited to) implied warranties: (a) of merchantability, (b) of fitness for a particular purpose; and/or (c) non-infringement. To the extent permitted by law, we exclude all warranties.
Except to the extent we are prohibited by law from doing so:
- we (and our suppliers and distributors) are not responsible or liable in any manner for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages (regardless of whether any of these items are considered to be direct or indirect, or the possibility of such losses was known, contemplated or reasonably foreseeable).
If you are not using our goods or services as a consumer, for example you are using our goods or services on behalf of a business or an organisation, then we shall have no liability to that business or organisation in relation to your use or non-use of our goods or services. You are accepting these terms on behalf of that business or organisation.
Igtimi does not allow refunds or exchanges on any of its products or subscriptions. All sales are final. If the goods are faulty we will meet our obligations under the Consumer Guarantees Act.
About these Terms
Level 2, 1 Dowling St,
- The Yachtbot software application is designed for use on one or more mobile communication devices (please note that we cannot guarantee that the Yachtbot software application will be available for your particular mobile communication device – the mobile communication devices the software will work with is subject to availability and change from time to time) in conjunction with Igtimi's Yachtbot services accessible through Igtimi's website and is designed to track your position, direction and speed for use in relation to your yachting training activities.
- If you have validly obtained access to the Yachtbot software and Igtimi's Yachtbot services, you are permitted to use the Yachtbot software application and Igtimi's Yachtbot services to track your yachting activities. We do not permit you to use the Yachtbot software application or Igtimi's Yachtbot services for any other purpose and if we become aware of unauthorised uses of such, we may disable your account, stop you from accessing or using the Yachtbot software application or Igtimi's Yachtbot services, or take other action at our sole option and discretion. Yachtbot is not designed for navigational purposes and should not be used in this manner, and any maps associated with your use of Yachtbot are not nautical maps and do not contain or represent nautical information.
- We will only store your Yachtbot usage data for 1 month, after-which it will be removed. If you would like to retain such data after 1 month, then where a download facility is provided, we recommend that you download and back up your data.
- We may make a Yachtbot software application available for purchase from time to time. If you purchase the Yachtbot software application, with such purchase you will have the ability to use the Yachtbot software application and Igtimi's Yachtbot services for six (6) months from the date of your purchase. After this six (6) months has expired, you must sign up to and pay a monthly plan to use the Yachtbot software application and Igtimi's Yachtbot services.
- When using the Yachtbot software application you will be in close proximity to water. You must take care to protect your mobile communications device from being exposed to water while you are using Yachtbot. We accept no responsibility or liability whatsoever if your mobile communications is damaged while you are using Yachtbot, including (but not limited to) if it is exposed to water damage. We recommend that you always protect your mobile communications device with appropriate water-proofing when you are in close proximity to water and when using Yachtbot.
- The Yachtbot software application is designed to communicate to Igtimi's computing infrastructure, however this is subject to and conditional upon the availability and reliability of networks that are outside of Igtimi's control. We cannot and do not guarantee your data or the transmission of such data between your mobile communications device on which the Yachtbot software application is installed and our infrastructure.