Get In Touch

Terms and Conditions

1. Introduction

1.1. The Salt Diary App and the Services made available through the mobile App are owned and operated by Salt Diary Pty Ltd (ACN 696 461 122) (Salt Diary, our, us or we).

1.2. By downloading, using, browsing or accessing the Salt Diary App and the Services, you acknowledge that you have read, understood and accept these Salt Diary App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the Salt Diary App and the Services.

1.3. In this agreement, you and your means the individual who accesses or uses the Salt Diary App and the Services, and whose details are listed in the Account (and includes anyone acting on your behalf or with your express or implied authority).

2. Salt Diary App

2.1. The Salt Diary App is mobile application (which includes an artificial intelligence (AI) fish species recognition system) that allows a user to identify and log information and metrics relating pelagic fish species the user catches (and other environmental and fishing location data) (the Services).

2.2. By downloading, accessing and using the Salt Diary App, we grant you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, install, access and use the Salt Diary App and the Services for the Subscription Term. You must only use the Salt Diary App and Services for personal and non-commercial purposes. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.

3. Changes

3.1. We reserve the right to change any provision of this agreement in any way, and we may, in our absolute discretion and without notice to you, add, change or remove any users, functions or features of the Salt Diary App, the Services or any Third-Party Products and Services made available to you through the Salt Diary App.

3.2. If we provide you with notice of changes to this agreement, we shall do so by either email or by posting it on the Salt Diary App or our Website.

4. Subscription Term

4.1. This agreement commences on the date you create an Account with us on, or via, the Salt Diary App (Commencement Date) and this agreement shall, unless otherwise terminated during the Trial Period, continue until terminated in accordance with clause 16 (Subscription Term).

4.2. If you do not wish to continue to access and use the Salt Diary App and Services following the expiry of the Trial Period, you must terminate the agreement prior to the expiry of the Trial Period by selecting the ‘cancel subscription’ link on the subscription page of your mobile device.

5. Registration and Access

5.1. To access and use the Salt Diary App, you must:

  1. download the Salt Diary App from the Apple Store or Google Play Store;
  2. be over 18 years of age, and legally able to enter into contractual relations. If you are under the age of 18 years, you may only access and use the Salt Diary App if you have your parents’/guardians’ permission to download, access and use the Salt Diary App. Your continued use of the Account constitutes an acknowledgement by you that you are: (i) over 18 years of age; or (ii) under 18 years of age, but have your parents’/guardians’ permission to access and use the Salt Diary App and that your parents’/guardians’ have agreed to abide by this agreement; and
  3. create and setup an account on the Salt Diary App (Account). Your Account will be operated by a username (which will be your email address) (User Name) and password of your choosing. You can change or reset your password at any time using the ‘Forgot Password’ link in the Accounts setting page; and
  4. provide only accurate, complete registration information and Personal Information (including full name, email address and boat name) and you will update that information if it changes. All Personal Information as well as the information you provide to register, is subject to our Privacy Policy.

5.2. You are responsible for:

  1. maintaining control over, and the confidentiality of, your Account, user name and password;
  2. keeping your Account registration information current, complete, accurate, and truthful. All Personal Information you disclose to us as well as the information you provide to setup your Account is subject to our Privacy Policy. You must not impersonate another account holder or provide false identity information to gain access to or use the Salt Diary App or the Services;
  3. notifying us immediately in writing of any unauthorised access to, or use of, your Account; and
  4. for all activities or transactions that occur using your Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your Account.

6. Your Obligations

6.1. When accessing and using the Salt Diary App and the Services, you must:

  1. obtain and maintain all compatible hardware, software and communications equipment necessary to download, access, and use, the Salt Diary App and the Services (including a functioning high resolution camera on your mobile device);
  2. grant us access to your mobile device’s camera for the purpose of capturing images of fish so that our AI fish species recognition system can identify the fish that you catch;
  3. comply with all Relevant Laws with respect to your obligations under this agreement and only use the Services and Salt Diary App responsibly, lawfully and for its intended purpose;
  4. comply with all local and regional maritime and environmental fishing regulations when using the Salty Diary App; and
  5. comply with all of our obligations, directions, policies and guidelines advised in writing to you or as displayed on the Salt Diary App from time to time.

6.2. Salt Diary will not be liable to you or anyone else if, for any reason, the Salt Diary App and the Services are unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the Salt Diary App and the Services.

6.3. You must not:

  1. share your password with anyone;
  2. introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the Salt Diary App;
  3. upload malicious imagery or fraudulent or manipulated timestamps;
  4. extract, harvest, or scrape environmental data models or AI engine patterns;
  5. attempt to bypass safety systems, create multiple fake accounts, or otherwise engage in fraudulent or deceptive practices;
  6. violate any Salty Diary IP or any third party Intellectual Property Rights;
  7. copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the Salt Diary App, or any other third party software that you may access or use through the Salt Diary App, in any way;
  8. access all or any part of the Salt Diary App in order to build a product, service or code which competes or reproduces the Salt Diary App (in full or part);
  9. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Salt Diary App in any way, or otherwise learn the source code or algorithms underlying the Salt Diary App;
  10. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Salt Diary App and the Services available to any third party;
  11. attempt to obtain, or assist third parties in obtaining, access to the Services and/or the Salt Diary App; and
  12. engage in any activity or conduct that is in breach of any Relevant Laws.

7. User Data

7.1. When you create your Account and access and use the Salt Diary App and the Services, you will be required to provide User Data to Salt Diary App.

7.2. When you create your Account and each time you access and use the Salt Diary App and the Services, you will be required to provide User Data to us. To the maximum extent permitted by Relevant Laws, we do not warrant that any User Data displayed or published on the Salt Diary App by you or another user (or any Content or Third Party Products or Services displayed or published on the Salt Diary App by a Third Party Provider) is accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any Content, User Data or Third Party Products and Services displayed on, or via, the Salt Diary App.

7.3. You (and not Salt Diary) are solely responsible for the completeness, currency, accuracy, reliability, legality and quality of any User Data published by you on, or via, the Salt Diary App. You agree not to submit, publish or input User Data (including Personal Information) or any other information onto the Salt Diary App, unless you have the right to do so.

7.4. We do not monitor and are not responsible for monitoring or censoring the User Data published by you or another user on, or via, the Salt Diary App; however, we reserve our rights to remove the User Data in response to a complaint from you or another user or if we consider that such User Data does not comply with this agreement.

7.5. You remain the owner of any User Data uploaded or published by you on the Salt Diary App, except you grant Salt Diary a worldwide, non-revocable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, your User Data (including Intellectual Property Rights contained therein) for any purpose, including for the purpose of:

  1. enabling us to provide the Salt Diary App and the Services to you and otherwise perform our obligations and exercising our rights under this agreement;
  2. informing the user of other products or services that we may offer from time to time or in relation to Third Party Products and Services;
  3. identifying usage patterns, trends, and other statistical or behavioural data derived from use of the Salt Diary App, for the purpose of undertaking fish stock scientific and sustainability research using fully anonymized User Data and for marketing purposes as further described in our Privacy Policy;
  4. complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request; and
  5. providing, operating, maintaining, or improving the Services, the Salt Diary App, or our other products and services.

7.6. Salt Diary shall use reasonable endeavours to follow our archiving procedures for User Data in accordance with its standard back-up policy from time to time. In the event of any Loss of User Data, your sole and exclusive remedy shall be for Salt Diary to use reasonable endeavours to restore the User Data, that is lost or damaged, from the latest back-up of User Data, maintained by us.

7.7. We will not be responsible for any Loss, destruction, alteration, corruption or disclosure of User Data caused by our or your acts or omissions or the acts or omissions of other users of the Salt Diary App or any third party.

7.8. You agree to make your own enquiries to verify information, data and content displayed on, or via, the Salt Diary App (including Third Party Products and Services) and to assess the suitability of any information, data or Content before relying upon such information, data or Content. If you choose to rely upon any information, data or Content displayed or published on, or via, the Salt Diary App and/or the Services (including User Data, Content and Third Party Products and Services) you do so at your own risk. We make no representations or warranties that use of the Content, User Data and Third Party Products and Services will not infringe any third party’s Intellectual Property Rights or a third party’s privacy rights.

8. Subscription Fees and Payment

8.1. To access and use the Salt Diary App and Services, you must, except during the Trial Period, pay us the Subscription Fees and other amounts owing to us under this agreement during the Subscription Term. The Subscription Fees are payable in advance (either on a monthly or annual basis) in accordance with the Direct Debit Authority.

8.2. All Subscription Fees are in Australian Dollars and are inclusive of any goods and services taxes. To the maximum extent permitted by Relevant Laws agreement, the Subscription Fees and all other amounts owing to Salt Diary under this agreement are non-refundable.

8.3. When setting up your Account, you will be offered payment options by our Third Party Payment Processors to pay the Subscription Fees. Salt Diary may, at our absolute discretion and without notice to you, change the payment method that can be used to access and use the Salt Diary App and Services at any time.

8.4. Payment of the Subscription Fees and all other amounts owing to Salt Diary under this agreement are made by means of direct debit to our Third Party Payment Processors in accordance with the Direct Debit Authority in clause 9. By making payment of the Subscription Fees or any other amount owing to Salt Diary under the agreement, you will provide our Third Party Payment Processors with accurate and complete billing information, and you authorise our Third Party Payment Processors to access your billing information (including Personal Information) for the purpose of processing your payment.

8.5. Salt Diary may increase the Subscription Fees for the provision of the Salt Diary App or charge additional fees to access new functions or features of the Salt Diary App at any time upon [insert eg 21] days’ written notice to you. The fee increases will come into effect in the next billing cycle. If you do not agree to these fee increases, you must terminate this agreement no later than [insert eg 21] after the date you received written notice of the fee change or the fee changes were posted to the Salt Diary App or Website.

9. Direct Debit Authority

9.1. By accepting this agreement, you authorise our Third Party Payment Processors to debit from your credit or debit card or bank account (as applicable) the Subscription Fees (or any other amount owing to Salt Diary under this agreement) as and when such fees are due and payable under this agreement (Direct Debit Authority). Salt Diary does not collect, store, use or disclose your credit card or bank account details.

9.2. If you do not cancel this agreement before the end of the Trial Period, the Subscription Fees will be immediately debited from your bank account or credit card (as applicable) by our Third Party Payment Processors.

9.3. Renewal will automatically occur on a monthly or annual basis (depending on which one you choose) until cancelled through the subscriptions page on your mobile device. You may at any time cancel or change your Direct Debit Authority by accessing the subscription page on your mobile device. If you cancel the Direct Debit Authority, Salt Diary will not be able to provide you with access to, and use of, the Salt Diary App and Services beyond the current billing cycle, unless you provide our Third Party Payment Processors with a new Direct Debit Authority. If you wish to resubscribe, you will need to create a new Account and pay the Subscription Fees prevailing at the time.

9.4. If our Third Party Payment Processors cannot process a renewal payment (for example, due to an expired card or insufficient funds), your subscription will be automatically cancelled, and access to the Salt Diary App and Services will cease at the end of the current billing cycle. It is your responsibility to ensure that your payment details are correct and that there are sufficient funds available on your credit or debit card to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:

  1. the transaction will be rejected, and the payment will be treated as if it were never made;
  2. your financial institution may charge you a fee and/or interest; and
  3. you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that our Third Party Payment Processors can process the debit.

9.5. It is your responsibility to check your credit or debit card, or bank account statement (as applicable) to verify that the amounts debited from your credit or debit card or bank account are correct.

9.6. If you believe that an error has been made in debiting your credit or debit card or bank account (as applicable), you should update your credit or debit card or bank account details by accessing the subscription page on your mobile device as soon as possible.

10. Intellectual Property Rights

10.1. You acknowledge that Salt Diary, or our licensors, are the owners of the Salt Diary App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the Salt Diary App and the Services (including any modifications, amendment, improvements, enhancements and new versions of the foregoing) (collectively, Salt Diary IP). Accessing and using the Salt Diary App and the Services does not give you (or anyone else) ownership of, or any right, title or interest in the Salt Diary IP.

10.2. Ownership of any User Data will vest in you but excluding Salt Diary IP.

11. Our Obligations

11.1. Subject to your compliance with the terms of this agreement, during the Subscription Term, Salt Diary shall use commercially reasonable endeavours to provide you with access to and use of the Salt Diary App and the Services.

11.2. If we fail to provide you with access and use of the Salt Diary App and the Services in accordance with clause 11.1, we will use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 11.1.

11.3. The undertakings in clauses 11.1 and 11.2 will not apply in the event of:

  1. any non-conformance which is caused, or contributed, by use of the Services and the Salt Diary App contrary to our instructions or the terms of this agreement;
  2. modification or alteration of the Services and the Salt Diary App by any party other than us or our duly authorised Personnel;
  3. the unsuitability or malfunction of the Salt Diary App and/or the Services when used in conjunction with any software, platforms, applications and tools supplied by a Third Party Provider; and
  4. Force Majeure Events.

12. Third Party Products and Services

12.1. You acknowledge that the Salt Diary App and Services may require you to use or access Third Party Products and Services and that you do so solely at your own risk.

12.2. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.

12.3. We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.

12.4. Salt Diary does not endorse, sponsor or approve any Third Party Products and Services used in conjunction with the Salt Diary App and Services. It is your sole responsibility to determine that specific products or services, meet your needs and are suitable for the purposes for which they are used.

12.5. Any rights you may have to access Third Party Products and Services shall be limited to:

  1. the extent of Salt Diary’s ability to pass on such rights to you; or
  2. the relevant third-party licensor terms.

13. No Warranties

13.1. To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Salt Diary App and the Services.

13.2. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

13.3. You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the Salt Diary App and the Services (or any Content, User Data or Third Party Products and Services provided in connection with the Salt Diary App) and we will not be liable to you if the Salt Diary App and/or the Services is, or becomes unavailable for any reason, including directly, or indirectly as a result of:

  1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  2. negligent, malicious, wilful acts or omissions of third parties (including third party providers) or other users;
  3. the technical limitations of your mobile device or any software, hardware and communications equipment used by you to access and use the Salt Diary App and Services;
  4. maintenance (scheduled or unscheduled) carried out by us or any Third Party Provider, including in respect of any of the systems or network used in connection with the provision of the Salt Diary App;
  5. services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
  6. a Force Majeure Event.

13.4. Salt Diary App shall use commercially reasonable endeavours to make the Salt Diary App and the Services available 24 hours a day, seven days a week, except for:

  1. planned maintenance carried out at times advised in advance by Salt Diary; and
  2. unscheduled maintenance which may need to be performed from time to time. Salt Diary will, where practicable, use reasonable endeavours to conduct any unscheduled maintenance outside of Business Hours.

14. Limitation of Liability

14.1. To the maximum extent permitted by Relevant Laws, Salt Diary will not be liable to you or any third party for:

  1. any Claims or Losses (including Consequential Loss); or
  2. loss of, or damage to, any property or any personal injury, illness or death to you or any third person,

arising out of, relating or connected to, the provision or use of the Salt Diary App and Services by you (including Content, User Data and/or Third Party Products and Services generated or made available through the Salt Diary App or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

14.2. All risk in using the Salt Diary App and the Services passes to you upon creating an Account or otherwise using the Salt Diary App and the Services (whichever is earlier). Salt Diary is not liable to you or anyone else arising out of, or in connection with, any Loss suffered by you or anyone else during the period the Salt Diary App is in use on your mobile device. Salt Diary assume no responsibility, and we have no liability to you or anyone else for any use of, or reliance on, any Content, User Data and/or Third Party Products and Services obtained or generated from your access to, and use of, the Salt Diary App and the Services.

14.3. To the maximum extent permitted by Relevant Laws, under no circumstances will Salt Diary’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the amount you paid to Salt Diary under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.

14.4. You agree to defend, indemnify and hold Salt Diary, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

  1. your access to, and use of, or reliance on the Salt Diary App or the Services (including the Content, User Data and Third Party Products and Services);
  2. any breach of Salt Diary or any third party’s Intellectual Property Rights or other rights caused by you;
  3. any breach of Privacy Laws caused by you; or
  4. any breach by you of this agreement.

15. Privacy

15.1. All Personal Information you provide to open an Account and any User Data (including Personal Information) you upload, share, or publish on, or via, the Salt Diary App, is subject to our Privacy Policy, which is incorporated into this agreement. You warrant that, in relation to any Personal Information comprising you User Data (including geolocation data) or any other information disclosed to us by you on, or via, the Salt Diary App:

  1. it has been collected in accordance with Privacy Laws;
  2. you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Salt Diary App; and
  3. you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it.

16. Termination

16.1. During the Subscription Term you may terminate this agreement at any time by cancelling your subscription through the subscription page on your mobile device. You must cancel your subscription before deleting the Salt Diary App from your mobile device. If you cancel your subscription, your access to the Salt Diary App will continue for the remainder of the current billing period. If you delete your Account in accordance with clause 16.1, you will not be entitled to a pro rata refund of the Subscription Fees for the unused portion of the Subscription Term.

16.2. We may terminate or discontinue the Salt Diary App or any major functions or features of the Salt Diary App and/or the Services at any time (without liability to you) by [eg 21] days’ written notice to you, or by otherwise posting it on the Salt Diary App or the Website.

16.3. You agree that Salt Diary may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):

  1. your Account; and/or
  2. the Salt Diary App and the Services; and/or
  3. any social media pages linked to our business or the Salt Diary App; and/or
  4. any other products and services offered on, or via the Salt Diary App (including Third Party Products and Services).

16.4. Cause for such suspension or termination may include, but are not limited to:

  1. any serious or repeated breaches or violations of this agreement, our policies and guidelines and any other agreements entered into between the parties;
  2. serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;
  3. the failure to pay the Subscription Fees (except during the Trial Period);
  4. your activities, conduct or transactions on, or, via, the Salt Diary App, which brings, or has the capacity to bring Salt Diary and/or the Salt Diary App into disrepute; and
  5. requests by law enforcement or other government agencies.

16.5. You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.

17. Effect of Termination

17.1. On termination of this agreement for any reason:

  1. Salt Diary will (without liability to you) delete your Account and all your User Data will be deleted or de-identified within 30 days of the effective date of termination. However, we may retain your registration information (including Personal Information) and de-identified and anonymised fishing logs and geolocation information in accordance with any limitation periods and records retention obligations that are imposed by Relevant Laws and our Privacy Policy; and
  2. all licences to use the Services and rights of access to the Salt Diary App granted under this agreement will immediately terminate.

18. Force Majeure Event

We will not be responsible to you, (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).

19. Dispute Resolution

19.1. Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.

19.2. The parties must in good faith attempt to resolve any dispute between them.

19.3. If the dispute cannot be resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.

19.4. Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.

20. Updates and Variations

20.1. We may, at our absolute discretion and with or without notice to you, from time to time:

  1. change, add or delete the functions, features, performance, or other characteristics of the Salt Diary App; or
  2. apply or install updates to, or new versions of, the Salt Diary App.

20.2. You acknowledge that the Content on the Salt Diary App is subject to change at any time and may be out of date at any given time. Salt Diary are under no obligation to:

  1. update, correct or fix any Content, User Data or errors in the Salt Diary App; and/or
  2. notify you of any changes to the Content or the Salt Diary App unless required by a Relevant Law to do so.

20.3. Some of the provisions contained in this agreement may also be superseded by provisions or notices published elsewhere on the Salt Diary App. Any changes are effective immediately upon posting to the Salt Diary App. Your continued use of Salt Diary App thereafter constitutes your acceptance of all such changes to the agreement.

20.4. Please read this agreement before using the Salt Diary App as the agreement may have changed since the last time you accessed and used Salt Diary App. If you do not agree to any change, then you must immediately stop using the Salt Diary App and the Services.

21. Support Services

21.1. Salt Diary shall use commercially reasonable endeavours to provide you with user support services in accordance with the Salt Diary standard support services and maintenance policy (as amended from time to time) within 48 hours of receiving a written request for support from you.

21.2. If you require user support services or you are having difficulties accessing and using the Salt Diary App and the Services, you may contact us via our email address admin@saltdiary.com.

22. General

22.1. If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.

22.2. No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this agreement.

22.3. You may not assign, transfer or deal in any other manner with all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, amend the terms of this agreement and/or assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.

22.4. This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).

22.5. The laws of Tasmania, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of Tasmania, Australia.

23. Definitions

In this agreement, the following words shall have the following meanings:

  • Account has the meaning in clause 5.1(c).
  • Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
  • Business Days means each day excluding Saturdays, Sundays and public holidays in Tasmania, Australia.
  • Business Hours means [9:00]am to [5:00]pm on Business Days.
  • Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
  • Commencement Date has the meaning in clause 4.1.
  • Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Salt Diary App.
  • Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, economic or financial loss, loss of opportunity or expectation loss and loss of privacy; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or (iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
  • Force Majeure Event has the meaning in clause 18.
  • Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
  • Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
  • Salt Diary, our, us or we has the meaning in clause 1.1, and where the context permits, includes or our Personnel and Affiliates.
  • Salt Diary App means the software made available through the mobile application, and used by Salt Diary to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on or via, the Salt Diary App.
  • Salt Diary IP has the meaning given to it by clause 10.1.
  • Personnel means any director, officer, employee, contractor or agents, of a party (in your case, includes any person acting for or on your behalf).
  • Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
  • Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
  • Privacy Policy means our privacy policy available on the Salt Diary App or Website or such other web address notified by us to you from time to time, which is incorporated into this agreement.
  • Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy Laws, anywhere in the world.
  • Services has the meaning in clause 2.1.
  • Subscription Fees means the fees payable by you to access and use the Salt Diary App and Services (including Third Party Products and Services) for the Subscription Term as further described on the Salt Diary App.
  • Subscription Term has the meaning in clause 4.1.
  • Third Party Provider means a third party supplier of Third Party Products and Services.
  • Third Party Products and Services means software, products, services or content (including all Intellectual Property Rights contained therein) that: (i) are provided by third party providers; (ii) interoperate with the Salt Diary App and Services; and/or (iii) may be identified as third party products or services.
  • Third-Party Payment Processor means Apple Pay, Google Pay and any other a third party payment processor permitted by Salt Diary from time to time.
  • Trial Period means 14 days from the date you register and set up your Account.
  • User Data means all data, content, material and information (including catch logs, geolocation information, images, photographs and Personal Information): (i) uploaded to or stored on the Salt Diary App by you; (ii) transmitted by the Salt Diary App at your instigation; (iii) supplied by you for uploading to, transmission by, or storage on, the Salt Diary App; or (iv) generated by the Salt Diary App as a result of the use of the Services by you, but excluding Salt Diary IP.
  • User Name has the meaning in clause 5.1(c).
  • Website means the website located at https://www.saltdiary.com/ and any other website notified by us from time to time.
  • You or your has the meaning in clause 1.3.