Terms and Conditions of Use

1. Introduction

Welcome to YachtPilot.

For your convenience and best experience with our site and services, please read carefully and agree to our Terms and Conditions of Use. Please acknowledge that by accessing our websites and using our service, it is indicated that you have read, understood and agreed to our Terms and Conditions of Use (“Terms”).

YachtPilot is operated by CJ Global Tech Pty Ltd (ACN 630 848 574) (trading as YachtPilot)(“YachtPilot”). YachtPilot provides its Devices and services through www.yachtpilot.co and any other website for which YachtPilot owns the domain registration (the “Website”), its proprietary platform and the services made available by YachtPilot therein, including the YachtPilot mobile applications, software, data and data connectivity and storage services allowing you to use YachtPilot software running on a supported platform that allow you to access the YachtPilot services (collectively, the “Service”) through a registered account.

In our Terms, we explain in detail how to communicate with us, limitations of liability, questions of license and intellectual property, business integrity, severability, governing law, important technical details about the entire agreement, changes, and termination of Terms.

YachtPilot reserves the right to review and change any of the Terms by updating this page at its sole discretion. When YachtPilot updates the Terms, it will use reasonable endeavours to provide you with notice. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. End User Licence Agreement (EULA)

This End User License Agreement (“EULA”) and Terms govern your use of YachtPilot Services as defined herein and in the Terms and is legally binding.

By clicking the “I Agree” or similar option, downloading, purchasing, or using the Website, Services and Device, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not click on the “I Agree” or similar option provided by YachtPilot in the user interface; do not download or use the Service.

By downloading, installing, or using the software, you represent that you purchased the software from an Approved Source and bind yourself to the EULA. In the event of a conflict between the provisions of a separate signed contract between you and YachtPilot or if the software includes a third-party EULA as part of the installation or downloading process governing your use of the software, the order of precedence shall be (1) the signed contract, (2) third-party license EULA, and (3) the EULA.

YachtPilot may occasionally update any Service or replace it with another with similar functionality without requesting or obtaining your separate consent. Your Device or certain Device functions may not be available to you while an update is in process.

YachtPilot collects and uses certain information concerning your use of Services per its Privacy Policy. Before entering into the EULA, you represent that you are 18 years of age or older and are authorised to accept this EULA on behalf of all individuals and entities for whom (or for whose Devices) you obtain YachtPilot Services.

3. Purchase of YachtPilot Sensor Pro

When you purchase for the first time, you will receive:

  • The YachtPilot Sensor hardware (“Device”)
  • An NMEA 2000-compatible drop cable
  • A 1-year cloud subscription

After the first year, you must purchase an additional subscription plan to continue using the cloud services, which may be monthly, seasonal, or yearly. By purchasing YachtPilot, you acknowledge that you are responsible for selecting a Subscription that suits your needs and that you understand the terms of the Subscription renewal after the initial 1-year period.

4. Subscription to Use the Services

To access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).

5. Account Registration

Upon purchasing the Subscription, you must register for an account through the Website (Account) to access the Services.

As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including:

  • Email Address
  • Postal Address
  • Telephone Number
  • Password
  • Vessel Name

You warrant that any information you provide to YachtPilot during registration or while using the Services will be accurate, correct, and up-to-date.

Upon completing the registration process, you will become a registered Website (Member) member and agree to be bound by the Terms. As a Member, you will have access to the Services from the time of registration until the end of the Subscription Period.

6. Eligibility

You may not use the Services and may not accept the Terms if:

  • You are not of legal age to form a binding contract with YachtPilot, or
  • You are prohibited from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

7. Your Obligations as a Member

As a Member, you agree to:

  1. Use the Services only for purposes permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
  2. Protect the confidentiality of your password and email address. Unauthorised use of your password by others may result in the immediate cancellation of the Services;
  3. Notify YachtPilot immediately of any unauthorised use of your password or email address or any security breach of which you become aware;
  4. Use the Website for personal purposes only and not for any commercial endeavours except those specifically endorsed or approved by YachtPilot;
  5. Not use the Services or Website for illegal or unauthorised purposes, including collecting email addresses for unsolicited email or unauthorised linking to the Website; and,
  6. Acknowledge that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.

8. Payment

All payments for the Services are processed using Stripe, Inc. By using the Website, the Services, or making a payment, you agree to be bound by Stripe, Inc. Terms and conditions are available on their website.

Suppose a payment request for the Subscription Fee is returned or denied by your financial institution or remains unpaid. In that case, you are liable for any costs, including banking fees, associated with the Subscription Fee.

YachtPilot may vary the Subscription Fee at any time. The new Subscription Fee will take effect after the end of the existing Subscription Period.

9. Refund Policy

YachtPilot will refund the Subscription Fee only if we are unable to continue providing the Services or if a refund is deemed reasonable at YachtPilot's absolute discretion. The refund will be proportional to the unused portion of the Subscription Fee.

10. One-Year Limited Warranty

YachtPilot warrants that the YachtPilot Sensor (“Device”) purchased directly from YachtPilot is free from defects in materials or workmanship under normal use for a period of 12 months from the date of purchase (“Warranty”). This express limited Warranty extends only to the original purchaser and is non-transferable.

Suppose the Device fails during normal and proper use within its warranty period. In that case, YachtPilot will repair or exchange the faulty parts within the Device or the Device itself (“Warranty”). Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Device. Ownership of items is transferred to each party upon exchange. Repair or exchange is subject to the original item being genuine and unaltered.

You must provide your sales receipt or proof of purchase to obtain a warranty service during the warranty period.

11. What is Not Covered Under the Warranty

The following items are not covered under this Warranty:

  1. Setup and Usage Instructions: You must read and follow all setup and usage instructions in the applicable user guide and manuals enclosed with the Device. Failure to do so may result in improper functioning of the Device, loss of data, or other damage. 
  2. Device Operation: YachtPilot does not warrant that the operation of the Device will be uninterrupted or error-free. All warranties, conditions, and liabilities implied by law that can be excluded are currently excluded. YachtPilot shall not be liable for any direct or indirect loss or damage, including loss of profits or incidental or consequential damages arising from the Device or your use.
  3. Failures due to Abuse or Misuse: Failures due to abuse, misuse, accident, unauthorised alterations, or repairs.
  4. Improper Installation: Damage caused by improper installation or connection, including hardwiring or using unauthorised chargers.
  5. Excessive Heat or Accidental Damage: Damage caused by exposure to excessive heat beyond stated tolerances or accidental damage such as dropping the Device.
  6. Data Loss:The loss or corruption of data on any storage media or devices connected to the Device, except for standard data provided with the Device
  7. External Electrical Faults: Damage caused by external electrical faults or impacts. 
  8. Neglect or Improper Maintenance: Damage from neglect, improper maintenance, or use outside the specified usage parameters. 
  9. Unauthorised Accessories: Damage can result from using accessories not manufactured or sold by YachtPilot.
  10. Device Origin: Devices purchased from unauthorised sellers or outside Australia.
  11. Unapproved Modifications: Modifications to the Device not approved in writing by YachtPilot.
  12. Third-Party Devices: The service necessitates using third-party Devices not approved by YachtPilot.
  13. Routine Cleaning and Wear: Routine cleaning, normal cosmetic wear and tear, or other events beyond YachtPilot control.
  14. Transit Damage: Damage or loss during transit to YachtPilot, authorised service providers, or resellers.

Any service or repair for items not covered by this Warranty will be charged at YachtPilot or its Authorised Service Provider’s rates and terms in effect at that time.

12. Consumer Guarantees (Australia Only)

Consumer Guarantees apply to goods bought on or after 1 July 2020on or after 1 July 2020 by a consumer from an Authorised seller or directly from the Website during normal trade (not by way of auction where the auctioneer acts as an agent of the owner(s)) and where the goods are used for personal, domestic, or automobile purposes.

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also have the right to have the goods repaired or replaced if they fail to be of acceptable quality, and the failure does not amount to a major failure.

This Warranty is not intended to limit your rights under the Consumer Guarantees (in Australia). The benefits this warranty provides are in addition to other rights and remedies you may have under the law about the goods or services to which the warranty relates.

To the extent permitted by law, the warranties and remedies provided herein are exclusive and in lieu of all other warranties, expressed, implied, or statutory, including any liability arising under any warranty of merchantability or fitness for a particular purpose.

13. Procedure for Claiming Warranty

Step 1: Visit yachtpilot.co for support and service information. 

Step 2: If you need to return your Device, you must submit a Support Request through the Website or contact YachtPilot by phone at +61 02 9160 7045 during business hours, 9:00 am to 4:00 pm AEST (Monday to Friday), or by email at support@yachtpilot.co You will need to obtain a Return Authority or Ticket Number. This ticket number must be visible on the packaging to ensure proper processing.

  • Postage Costs: The sender will bear the cost of postage to YachtPilot, and YachtPilot will cover the cost of return postage to the sender.
  • Return Shipping Address: Please provide your return shipping address and daytime telephone number so that YachtPilot can return the Device to you.

Repairs or replacements under the Warranty will be made at no charge to the customer for parts or labour, provided the customer is responsible for any transportation costs.

14. Licence & Access

YachtPilot grants you a limited, non-exclusive, and non-transferable license to access and use the service for personal use. This license is restricted to personal, non-commercial use of the Website, Service, and Device.

This license does not include:

  • Any resale or commercial use of the Website, Service, Device, or their contents;
  • Collection and use of any Website, Service and Device listings, descriptions, or prices for commercial purposes;
  • Derivative use of the Website, Service and Device or its contents;
  • Downloading or copying of account information for the benefit of another entity; and,
  • Use of data mining, robots, or similar data gathering and extraction tools.

The Website, Service and Device or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of YachtPilot.

Data in the Cloud: The Sensor captures, translates, and displays data stored in the cloud as part of the Service. This data is managed and protected according to our Privacy Policy, and you are granted access to this data solely for personal use within the scope of the Service.

15. Licence Restrictions

This license does not permit you, and you agree that you will not (except where we give our express written consent or you are expressly permitted by law to):

  1. Commercialise, or attempt to commercialise, or derive any monetary reward or commercial benefit (whether a fee is charged for it or not) from the use or sale of the software, the data, or user data (including any data you or other users have created or stored in the cloud, including but not limited to any location data or other geographical information contained in or copied from the software). This includes, but is not limited to, supplying part or all the content into an open-source or not-for-profit database, such as crowd-sourcing or mapping services.
  2. Use the Software on any other device, distribute, or make the software available over a network where it could be used by multiple devices simultaneously.
  3. Digitise, edit, or take a digital or analogue image, photograph, or screenshot of the software, other than to seek our technical support.
  4. Remove, obscure, or interfere with any copyright notice, trademark, warning, or disclaimer in the software.
  5. Use all or any part of the Data to create a map, guide, publication, website, navigational aid, or similar Device for commercial benefit or promotion, whether a fee is charged.
  6. Transfer, give, assign, rent, lease, sell, charge, exchange, adapt, decompile, disassemble, create a derivative Device, or otherwise deal with the software other than in the normal course of use and subject to these Terms.
  7. Reproduce, copy, or extract the Software or Data, in whole or part, and distribute it to anyone else.
  8. Copy the Software or any data stored in the cloud onto another storage device other than as expressly permitted.
  9. Copy or attempt to copy the location data, map points/places of interest (POIs), names, places, symbols, layout, or other geographical information contained in the software, or use such information to create any other Device, or otherwise extract, reverse engineer, decompile, modify, disassemble, or create derivative works from the software.
  10. Use the Software contrary to any agreement with any third party.
  11. Sub-license or assign your rights under this license to anyone else.
    1. You acknowledge that the software and its contents, including the Data, contain valuable intellectual property. We may impose further restrictions on your use of the software or the Data at any time, as we deem it necessary to protect our intellectual property rights, by notifying you.
    2. The software is protected by copyright law and international treaties. Unauthorised reproduction or distribution of the software, or any portion of it, may result in severe criminal and civil penalties and will be fully prosecuted possible under the law.

16. Critical Applications

The YachtPilot Sensor (“Device”) you have purchased is not designed for use in any “critical applications.”

“Critical applications” include medical, emergency services, commercial transportation, or any other applications in which Device failure could result in personal injury, loss of life, or catastrophic property damage.

Accordingly, YachtPilot, its affiliates, and suppliers disclaim any liability arising from using the Device in any critical applications. Suppose you choose to use the Device in a critical application. In that case, you assume full responsibility for such use and agree that YachtPilot is not liable for any consequences that arise from such use.

17. Ownership

YachtPilot reserves all copyright and intellectual property rights to the Software, the Data, and any maps created or published by YachtPilot. YachtPilot only grants you a limited license to use the software and the Data as permitted by these Terms.Other than as specified herein, you agree that YachtPilot owns the intellectual property rights to the Data, whether in its original form or as modified, printed, and copied by you.

Subject to those mentioned above, you own the content (excluding the Data in its original or modified form) you create using the software (e.g., your trip logs). However, you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content you input or generate using the software.

You acknowledge that CJ Global Tech Pty Ltd is the sole owner and user of the trademarks, name(s), or words associated with YachtPilot and related Devices. You must not use our names or trademarks without our express written permission.

This Service includes Mapbox SDK provided by Mapbox, Google Maps SDK provided by Google, AccuWeather, which provides weather data, and open-source libraries and other third-party software licensed under their respective terms and conditions. CJ Global Tech Pty Ltd may add other licensed software from time to time.

18. Limited Warranties

Save to the extent prohibited by law:

  1. While the software has been produced and supplied in good faith, YachtPilot makes no warranty or representation about its availability, accuracy, completeness, reliability, currency, or location data.
  2. The Software and the Data are provided “as is” and “as available,” with all faults and without warranty. YachtPilot disclaims all other warranties, either express or implied, including warranties of merchantability, fitness for purpose or a particular purpose, and non-infringement of third-party rights unless such warranties cannot be excluded by law. YachtPilot does not warrant against interference with your enjoyment of the software, that the software will meet your requirements, or that the operations of the software itself or in conjunction with other Devices will be uninterrupted or error-free.
  3. You expressly acknowledge and agree that using the software is at your sole risk and that you are entirely responsible for its suitability, satisfactory quality, reliability, performance, accuracy, and effort.
  4. Although YachtPilot or a third party may provide technical support, YachtPilot does not warrant that technical support will be provided for the software.
  5. No oral or written information or advice given by YachtPilot, its agents, or employees shall create or extend existing warranties. You must only rely on such information or advice if it is in writing and signed by an authorised representative of CJ Global Tech Pty Ltd.
  6. For the avoidance of doubt, your statutory rights remain valid. These Terms remain in force, and in the event of any inconsistency between them and your statutory rights, your statutory rights will prevail to the extent of the inconsistency.

19. Limitation of Liability

  1. This Software includes or makes available content, data, and information collected by or supplied by third parties, which may contain errors, omissions, inaccuracies, or faults. By using the software, you acknowledge and agree that YachtPilot is not responsible for examining or evaluating the content, quality, currency, accuracy, completeness, legality, or any other aspect of such third-party data.
  2. You use and rely on the software entirely at your own risk and should not solely rely on the results or information obtained from it for any purpose, including navigation.
  3. To the extent not prohibited by law, YachtPilot ’s liability for any breach of an express, statutory, or implied warranty shall be limited, at its option, to the cost of replacing the software or a refund of the price paid by you.
  4. To the extent not prohibited by law, YachtPilot shall not be liable for any loss or damage to person or property, or any incidental, special, indirect, or consequential damages whatsoever, including without limitation, loss of income, loss of revenue, trade, business, information, or profits or any other loss arising from the installation or use of the software or reliance upon any Data (irrespective of whether or not the Data is used in any navigation system or for navigation), whether based on breach of contract, tort (including negligence), Device liability, or otherwise.
  5. YachtPilot shall not be liable for any information, advice, or technical support given by a third party unless it is in writing and signed by an authorised representative of YachtPilot.
  6. You are responsible for updating the software with the updates provided by YachtPilot. CJ Global Tech Pty Ltd shall not be liable for your reliance on or use of an outdated software version.

20. General

  1. This agreement constitutes the entire agreement regarding the Service and supersedes any prior agreements. It incorporates any additional terms specified by YachtPilot and any third-party licensing agreements as applicable.
  2. Suppose any portion of this agreement or any incorporated terms is found to be unenforceable. In that case, the remaining portion will remain in full force and effect.
  3. If YachtPilot fails to enforce any terms of this agreement, it will not constitute a waiver of any rights or terms.
  4. These Terms shall be governed by and interpreted by the laws of the State of Queensland, Australia. You agree to be subject to the legal jurisdiction of the State of Queensland, Australia.
  5. You will not use or attempt to use the Service in any manner that infringes on someone else’s rights or otherwise violates the law.

21. Severability

Suppose any provision of these Terms is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions

22. Termination

For all purposes, the parties’ obligations and liabilities incurred before the termination date shall survive this agreement’s termination.

These Terms are effective unless and until terminated by either you or YachtPilot. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service.

If, in YachtPilot sole judgment, you fail to comply with any term or provision of these Terms, or YachtPilot suspects that you have failed to comply, YachtPilot may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date. You may be denied access to all Services (or any part thereof).

23. Changes to Terms of Use

You can review the most current version of the Terms at any time on this page. YachtPilot reserves the right, at its sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

All content provided on yachtpilot.co, including but not limited to text, graphics, logos, photos, and reviews, is the property of YachtPilot or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of YachtPilot. Australian and international copyright laws protect it. Third parties provide some content on this website, and the copyright for such content, including photos and reviews, remains with the original owners. Users grant YachtPilot a non-restricted license to use any material uploaded and shared within the YachtPilot cloud service.

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