Terms & Conditions
Terms and Conditions of Use
DHI Water and Environment Pty Ltd (“DHI”) makes the Vessel-Check vessel biofouling risk assessment decision support tool (“the Tool”) available to you on the Terms and Conditions set out below. To use this Tool, you must agree to be bound by these Terms and Conditions.
Purpose of Tool
The Tool is designed to act as a decision support system for your ongoing management of vessel biofouling and to minimise the risk of translocating invasive aquatic species (IAS). The Vessel Risk Status in the Risk Assessment generated by the Tool reflects the chance that the biofouling management practices (indicated in a vessel profile by the user) are sufficient to mitigate the transfer of an IAS. DHI does not warrant that the Vessel Risk Status provided in the Risk Assessment accurately reflects whether an IAS is present on your vessel. You are required to use your judgement and make your decisions regarding the outcome of the Tool based on logistical and other constraints, and you should obtain legal advice in respect of your operations. For the avoidance of doubt and clarity: The Vessel Risk Status provided in the Risk Assessment is not formal advice from a biosecurity authority, and DHI encourages you to seek advice from the relevant biosecurity authority in respect of your operations to ensure you are compliant with relevant jurisdictional regulations.
Accuracy Of Information Submitted To Government Officers
In capturing vessel biofouling information and actions, you warrant that the information you supply is true and correct to the best of your knowledge. The information and Risk Assessment will be used by regulators responsible for the biosecurity in the territory, state or country you are entering. It may be an offence to provide information that you know is false or misleading. It may also be an offence to omit from a statement or document provided anything that without which the statement or document is misleading. These offences may carry potential penalties or imprisonment depending on the regulatory authority in the territory, state or country you wish to operate in.
If it is found that information supplied in your Risk Assessment Report is incorrect, the regulator may regard the Risk Assessment as invalid and may no longer recognise the Risk Assessment as evidence that you have taken reasonable steps to minimise the risk of translocating an IAS into their jurisdiction. You should seek independent legal advice before using this risk assessment Tool, and seek advice directly from the jurisdictions you wish to operate in.
Your vessels subscription begins as soon as your initial payment is processed. Your vessels subscription will automatically renew for an additional subscription term without notice until you cancel in accordance with the clause below. You authorise us to store your payment method(s) as long as you have a valid subscription and automatically charge your payment method(s) on a monthly or annual basis until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it).
We reserve the right to change the applicable plan’s rate at any time at our discretion, and we will notify you one month in advance of any rate change with the option to cancel your subscription. If the applicable VAT or GST rate (or other included tax or duty) changes during a one-month subscription term, we will accordingly adjust the tax-inclusive price with effect from the next subscription term
If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us with a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription without notice. It is your sole responsibility to ensure that we have the correct payment information. You can update your payment information anytime through the portal or by contacting us by e-mail at email@example.com.
For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number or biometric recognition. When you authenticate, you also authorise us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licenses or products.
Paid Subscription Cancellation
You can cancel your subscription anytime from your account settings or by contacting Sales Support by e-mail at firstname.lastname@example.org. The subscription will remain valid until the last date of your billing cycle, but will not renew. During your initial subscription term, you will have a cooling-off period of 48 hour after your first payment to cancel your subscription for a full refund.
Privacy & Confidentiality
Any personal information we collect through the Tool may be used for the primary purpose for which it was collected. This includes the auditing of risk assessments and for verifying information provided. DHI will only use that information to communicate with you in the way indicated. For additional information on the handling of information provided to DHI, refer to https://www.dhigroup.com/privacy
Data provided by you as part of your vessel’s biofouling management profile within the Vessel-check portal is owned by you. This data is accessible only to users that you approve to have access to your vessels profile/data. Your biofouling management data is viewable by regulators who use the Tool when you intend to operate your vessel within their jurisdiction by way of nomination into a jurisdictions port.
Non-identifiable data collected via the portal may be utilised by DHI and/or its partners for research, commercial and/or marketing purposes, and/or to assist in continuous improvement of the decision support system and its risk assessments. This data will be disaggregated from identifying information such as vessel name and International Maritime Organisation (IMO) registration number.
DHI retains all rights and title to the intellectual property created, developed or ascertained in connection with the Tool and these Terms & Conditions of Use.
The information and advice provided is made available in good faith and is derived from sources believed to be reliable and accurate at the time of the release of the latest version of the Tool. However, the information is provided solely on the basis that users will be responsible for making their own evaluation of the matters contained or discussed herein in accordance with the purpose of the Tool.
Changes in circumstances after the design and development of this Tool may impact on the accuracy of the information. No assurance is given as to the accuracy of any representation, statement, information or advice contained after the publication on the Internet.
DHI shall not be responsible or liable for any loss or damage howsoever caused (whether caused by any negligent or other unlawful act or omission of any employee of DHI) arising from the use of or reliance on any information, data or advice (including out-of-date or inaccurate information, data or advice) expressed or implied in the Vessel Check website.
In no event shall DHI or its representatives be liable to any other party for any special, indirect, incidental or consequential damages or damages for loss of business profits or savings, business interruption, loss of business information or other pecuniary loss in connection with the Tool even if DHI has been advised of the possibility of such damages.
DHI shall not be liable to the user for any damages arising out of the use of, or the inability to use, the Tool. This limitation shall apply to claims of personal injury to the extent permitted by law.
DHI does not warrant that the Tool is free of bugs, errors, defects or omissions and that operation of the Tool will be error-free or uninterrupted nor that all non-conformities will or can be corrected. It does not warrant that the Tool shall meet the user’s requirements or expectations or shall be fit for the user’s intended purposes.
DHI makes NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DHI DISCLAIMS ALL OTHER WARRANTIES OR LIABILITIES NOT EXPRESSLY PROVIDED IN THESE TERMS.
Notwithstanding the above, DHI’s total liability and/or indemnification obligations (whether in contract, tort, including negligence, or otherwise) under or in connection with the use of the Tool shall not exceed $1000 USD.
By agreeing to be bound by these Terms & Conditions, the user accepts that the above limitations, or the maximum legally applicable subset of these limitations, apply to the user’s purchase and use of the Tool.
The Vessel Check web pages include links to external internet sites. These external information sources are outside the DHI’s control. It is the responsibility of the Internet user to make his or her own decisions about the accuracy, currency, reliability and correctness of information found.