General User Terms

These General User Terms apply to access to the website for the Use of Provider's KeelCheck and/or PortWeather systems.


Please note that all Users should be aware of these General User Terms and that access to the KeelCheck System (being the KeelCheck® System licensed by OMC International Pty Ltd (“OMC”)) and/or the PortWeather System (being the PortWeather® System licensed by OMC) is strictly conditional upon User’s acceptance of these General User Terms.
In these General User Terms, "Provider" means OMC and includes where the context requires or permits (whether expressly stated or not), any Regulatory Authority and any Relevant Third Party; "User" means the person making access to this website, which may include: (a) pilots; (b) planners; (c) harbor masters; (d) regulators; (e) shippers; (f) masters; (g) terminal operators; (h) academics; (i) consultants; or others persons; h; "Regulatory Authority" means any Government or other Authority vested with any legal or administrative responsibility in respect of the Waters "Relevant Third Party" means the Provider's affiliates, associates, servants or agents; "KeelCheck System" means the KeelCheck® System made available by OMC from time to time; and "PortWeather System" means the PortWeather System® made available by OMC from time to time.
1 Use of this Website, the KeelCheck System and/or the PortWeather System
1.1 These terms apply to the use by User of this website for access by User to the KeelCheck System and/or the PortWeather System provided by Provider.
2 KeelCheck System
2.1 User acknowledges that:
  1. the KeelCheck System will apply industry-standard algorithms ("Standard Algorithms") to calculate a range of minimum underkeel clearance and sailing windows as a guide to assist User to form its own view of appropriate static underkeel clearance procedures; and,
  2. the accuracy of calculations produced by the KeelCheck System is dependent on:
    1. the accuracy of the information the User inputs into the KeelCheck System ("User Inputs"); and
    2. the accuracy and soundness of the Standard Algorithms used by the KeelCheck System ("Basis of Information").
2.2 User acknowledges that the use of, and access to the KeelCheck System, is for the purpose of the calculation of a range of possible minimum underkeel clearance and sailing windows ("Outputs") as a guide to assist User in forming their own view as to the appropriateness of their static underkeel clearance procedures for safe vessel transit along depth constrained waters ("KeelCheck Purpose") and for no other purpose whatsoever. Users are required to use their own judgement to apply the outcomes of the calculation, the purpose of this application is not to provide advice on clearance but rather to provide a means of easy calculation of often used formula being the Standard Algorithms.
2.3 If User accesses this website or uses the KeelCheck System or any Outputs on behalf of any other party (including any body corporate), that party shall also be bound by the General User Terms as if that party were a User. Where User is not the actual owner or operator of any vessel for which access to this website is required, User warrants and represents that it has the actual authority of such party to bind that party (and the vessel’s master and any pilot engaged by or on behalf of User) to these General User Terms.
3 PortWeather System
3.1 User acknowledges that:
  1. the PortWeather System may be provided to the User in combination with other Provider products (including, for example, the Dynamic Underkeel Clearance System, KeelCheck System, and BerthAlert Systems), and that User's use of the PortWeather System may be subject to additional terms included in the agreements between Provider and User governing the use of those products ("Additional Product Terms");
  2. the PortWeather System provides meteorological predictions, forecasts and observations ("Weather Information") as a guide to assist User to form their own views on the appropriate use of ports and other waterways to which that weather information relates;
  3. the information provided by the PortWeather System is based on information obtained by Provider from a variety of sources, which may include:
    1. third parties, such as the Australian Bureau of Meteorology and the US National Oceanic and Atmospheric Administration;
    2. third party meteorological service providers that Provider has entered into alliance arrangements with; and
    3. data from sensors owned or operated by or on behalf of the User;
  4. the accuracy of the information provided by the PortWeather System is dependent on the accuracy of the information obtained by Provider from third parties, or the User.
3.2 User acknowledges that:
  1. the use of, and access to the PortWeather System is for the purpose of obtaining meteorological predictions, forecasts and observations relevant to a specific port or waterway;
  2. the information provided by the PortWeather System is intended to operate as a guide to assist User in forming their own views on the appropriate and safe use of the port or waterway in respect of which such information is provided ("PortWeather Purpose") and for no other purpose whatsoever.
Users are required to use their own judgment to apply the information provided by the PortWeather System, and the purpose of the PortWeather System is not to provide advice or guidance on the correctness of the Weather Information, appropriateness or safety of vessel transit, port operations, or other maritime activities.
3.3 If User accesses this website or uses the PortWeather System or any Weather Information on behalf of any other party (including any body corporate), that party shall also be bound by the General User Terms as if that party were a User. Where Use is not the actual owner or operator of any vessel for which access to this website is required, User warrants and represents that it has the actual authority of such party to bind that party (and the vessel's master and any pilot engaged by or on behalf of User) to these General User Terms.
4 Additional Website Functionality and Features
4.1 Provider may update this website from time to time by including additional functionality or features (including, for example, forums or an interactive service desk feature). User agrees to comply with such additional terms as may be posted to this website and applicable to that additional functionality or those additional features.
5 Licence to KeelCheck System
5.1 Subject to the terms of these General User Terms, Provider grants User a revocable, non-exclusive, royalty free and non-transferrable licence (without the right to sub-licence) to use this website for access by User to the KeelCheck System for the Purpose. User must not access any areas of this website to which access is indicated to be restricted unless User has obtained appropriate authorization and any relevant access from Provider. User acknowledges that it is solely entitled to print-out and retain and use for the Purpose such Outputs as are, provided that User shall have no right or entitlement (apart from the provision of User Inputs) to post, upload, temporarily store on or transmit through any information, materials or content obtained on this website other than for the Purpose.
6 Licence to PortWeather System
6.1 Subject to the terms of these General User Terms, Provider grants User a revocable, non-exclusive, royalty free and non-transferrable licence (without the right to sub-licence) to use this website for access by User to the PortWeather System for the Purpose. User must not access any areas of this website to which access is indicated to be restricted unless User has obtained appropriate authorization and any relevant access from Provider. User acknowledges that it is solely entitled to print-out and retain and use for the PortWeather Purpose such Information as is, provided that User shall have no right or entitlement under these General User Terms to post, upload, temporarily store on or transmit through any information, materials or content obtained on this website other than for the PortWeather Purpose.
7 Duration of General User Terms
7.1 These General User Terms commence on the User clicking the "Proceed as guest" button or logging into the website, and continue unless terminated in accordance with these General User Terms.
8 Restrictions
8.1 This website, the KeelCheck System and the PortWeather System are protected by Australian copyright laws and international treaties. User must not distribute copies of the website, the KeelCheck System or the PortWeather System to third parties, without the written consent of Provider. User must not modify, adapt, translate into any language, reverse engineer, decompile or disassemble this website, the KeelCheck System or the PortWeather System, except and only to the extent that such activity is permitted by applicable law, notwithstanding this limitation. User must comply with all applicable laws regarding the use of this website, use of the KeelCheck System, or use of the PortWeather System and supervise and control the use of this website or use of the KeelCheck System or use of the PortWeather System in accordance with the these General User Terms.
9 Logins
9.1 User represents and warrants that it accesses this website, the KeelCheck System and the PortWeather System (as applicable) using a login and password ("Credentials") provided specifically by User to Provider. User must not provide details of User's Credentials to any other person. Provider accepts no responsibility and will not be liable to User in relation to the disclosure or loss of User's Credentials.
10 Acknowledgements
10.1 User acknowledges and agrees that:
  1. in respect of the KeelCheck System, User is responsible for the accuracy and completeness of any User Inputs, and that the accuracy, completeness, appropriateness or reliability of the Outputs may be affected by the provision of inaccurate or incomplete User Inputs; and
  2. in respect of the PortWeather System, the accuracy, completeness, appropriateness or reliability of the Weather Information may be affected by inaccurate, incomplete, inappropriate or unreliable Weather Information obtained from a third party, or obtained from data sensors owned or operated by or on behalf of the User.
10.2 User acknowledges and agrees that:
  1. Provider has neither investigated or verified the accuracy and soundness of the Basis of Information or the Weather Information; and
  2. to the extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, or quality of the Basis of Information or Weather Information are excluded.
10.3 User acknowledges and agrees that User is solely responsible for obtaining, installing, operating and maintaining all hardware, other equipment and third party software required to use this website, the KeelCheck System and the PortWeather System (as applicable). All computer functionality, operating systems, network services and hardware maintenance are the responsibility of User. User acknowledges and agrees that Provider may provide support services to User in respect of this website, the KeelCheck System and the PortWeather System, in accordance with the Provider's Support Policy (which may be amended from time to time at the Provider's sole and absolute discretion) and otherwise, in accordance with any Additional Product Terms.
11 Hyperlinked Websites
11.1 This website may contain certain links or references to websites operated by third parties. Provider makes no warranties or representations whatsoever regarding any third party website which User may access through this website or which User may use or access to enable access to or use of this website, the KeelCheck System or the PortWeather System. Any such website is wholly separate and independent from this website, the KeelCheck System and the PortWeather System and Provider does not have any control over the content or operation of any such website and does not endorse any third party website, and does not accept any responsibility for the existence, operation, content or use of such website.
11.2 User shall not permit or endeavor to permit any third party aggregator of information to access or retrieve information from this website on User's behalf. User undertakes that it will not endeavor to run software programs, scripts, macros or similar materials against or in relation to any part of this website as these could endanger, compromise or hamper the stability and operation of this website or infringe rights in or relating to this website.
12 Data
12.1 User acknowledges that User is solely responsible for creating an independent offline backup of any of the User Inputs and Outputs processed by this website or the KeelCheck System, together with any sensory data processed or otherwise inputted into the PortWeather System. User acknowledges that User Inputs, Outputs or sensory data may not be retained by Provider and may be permanently deleted.
13 Security
13.1 User agrees to comply forthwith with any reasonable instructions that Provider may issue from time to time regarding website security.
13.2 User must ensure that it does not do anything during or after any access to or use of this website, the KeelCheck System or the PortWeather System which might result in the security of this website, the KeelCheck System, the PortWeather System or the systems or security of Provider or any other users of this website, or any other user’s customers or associated or affiliated companies, being compromised.
13.3 Provider shall take all reasonable precautions to ensure that communications through this website and its own systems are not affected by computer viruses or other destructive or disruptive components or software, and to ensure no such components or software are transmitted to or via this website, the KeelCheck System or the PortWeather System. User undertakes that it shall take all reasonable precautions to ensure that communications through this website, the KeelCheck System, the PortWeather System and its own systems are not affected by computer viruses or other destructive or disruptive components or software, and to ensure no such components or software (including in any User Inputs) are transmitted to or via this website, the KeelCheck System or the PortWeather System and shall indemnify and keep indemnified Provider from and against all consequences thereof.
14 Denial of Access
14.1 Provider reserves the right at any time during the term of these General User Terms to deny User access to this website, the KeelCheck System or the PortWeather System where User fails to keep User's Credentials secure, or in Provider's reasonable opinion, User has otherwise breached any part of these General User Terms.
15 Termination and Expiry
15.1 Without prejudice to any other rights, Provider may terminate these General User Terms immediately by notice to User in writing.
16 Intellectual Property Rights
16.1 For the purposes of these General User Terms, the term "Intellectual Property Rights" means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the same, together with all trade secrets, know-how, rights to confidentiality and other intellectual and industrial property rights in all parts of the world. User acknowledges that these General User Terms do not give User ownership of any Intellectual Property Rights whatsoever in this website, the KeelCheck System or the PortWeather System. All Intellectual Property Rights in this website, the KeelCheck System, the PortWeather System and all components of it (including, but not limited to any information, photos, text, or other material transmitted, communicated or otherwise provided by Provider are owned or licensed by Provider). This website, the KeelCheck System and the PortWeather System may display trade marks, logos, service names, trade names of Provider or third parties which may be registered or otherwise protected by law. User is not permitted to use any trade marks, logos, service names or trade names appearing in this website, the KeelCheck System or the PortWeather System.
17 Confidentiality
17.1 User acknowledges that the ideas and expressions contained in this website, the KeelCheck System, the PortWeather System and any modifications or particulars of them that may be provided to User by Provider are confidential (except to the extent that they have entered the public domain other than through a breach of these General User Terms by User). User undertakes not to disclose such confidential information to any person other than is necessary to enable this website, the KeelCheck System or the PortWeather System to be used in accordance with and for the Purpose. User undertakes to ensure that such persons maintain that confidentiality. User undertakes not to remove, delete or obscure any copyright notices or confidentiality notices on or in this website, the KeelCheck System or the PortWeather System.
18 No Warranty
18.1 Provider does not and cannot warrant that this website, the KeelCheck System or the PortWeather System operates error-free. User should be particularly aware of the fact that calculation or other informational errors may occur when using this website, the KeelCheck System or the PortWeather System and may be caused by local environmental conditions or incomplete or inaccurate data (including incomplete or inaccurate User Inputs or Weather Information). Provider supplies this website, the KeelCheck System and the PortWeather System as a service, and does not and cannot warrant that these will operate continuously. Provider will not be liable in the event that this website, the KeelCheck System, or the PortWeather System is unavailable to User due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication services. Provider takes no responsibility for errors or failures caused by User's environment, network connections, computer systems, software or any acts or omissions of a third party that acts as a service provider or carrier to offer User access to this website, the KeelCheck System or the PortWeather System.
18.2 Provider provides access to this website, the KeelCheck System and the PortWeather System 'as is and with all faults', and subject to User's rights under the Australian Consumer Law and this paragraph 18, disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to this website, the KeelCheck System, the PortWeather System, and the provision of or failure to provide support or other services, information, software, and related content through this website, the KeelCheck System and the PortWeather System or otherwise arising out of the use of this website, the KeelCheck System or the PortWeather System.
18.3 User acknowledges that a failure of any part or the whole of this website, the KeelCheck System or the PortWeather System to suit User's requirements will not give rise to any right or claim by User against Provider. Nothing in these General User Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Provider for a breach of a non-excludable guarantee referred to in this paragraph 18 is limited, at Provider's option, to:
  1. in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the costs of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
  2. in the case of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
19 Limitation of Liability
19.1 User confirms that User has not relied on any representation, description, illustration or specification which is not expressly stated in these General User Terms. Unless these General User Terms expressly provide otherwise, to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to this website, the KeelCheck System and the PortWeather System are negated and excluded. Provider gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title this website, the KeelCheck System or the PortWeather System, including any data contained in or supplied in relation to it or reports generated or produced by or with the aid of this).
19.2 Provider (including any Relevant Third Party) will not be liable for any indirect, incidental, consequential loss or damage whatsoever, in each case, arising out of the use of or in ability to use or access this website, the KeelCheck System or the PortWeather System, even if Provider has been advised of the possibility of such loss or damage. Provider (including any Relevant Third Party) will not be liable for any inability to access, loss of or corruption of data (including User Inputs or Outputs, or sensory data), loss of business, loss of profits, loss of revenue and anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect). Provider's (including any Relevant Third Party's) liability to User for any proven loss or damage suffered by User for any other proven loss and damage is limited for an aggregate of all claims to A$100.00 (Australian Dollars One Hundred).
19.3 User undertakes and shall ensure that no claims for more than the aggregate limit of liability set out in paragraph 19.2 are brought against Provider or any Relevant Third Party and in giving this undertaking User does so not only on its own behalf but also on behalf of any such person specified in paragraph 2.3 above, other than User, and if notwithstanding the foregoing any such claims are brought, that User shall indemnify and keep indemnified Provider and any such Relevant Third Party (as the case may be) from and against all consequences thereof.
19.4 User is advised to obtain, if it considers appropriate, insurance cover at its cost, in particular for any loss exceeding the limit set out in paragraph 19.2 above, whether such losses are sustained by User or by any person specified in paragraph 2.3 above, other than User.
20 Indemnity
20.1 User will fully indemnify and keep indemnified Provider (including any Relevant Third Party) in respect of all loss, damage, liabilities, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, actions claims, demands and proceedings howsoever arising, whether at common law or statute, in connection with any of the following: (a) any breach of these General User Terms by User; (b) User's use of this website, the KeelCheck System or the PortWeather System other than in accordance with these General User Terms; (c) User's communications with Provider; (d) the accuracy and completeness of User Inputs. You agree to give full cooperation and provide Provider with reasonable assistance in conducting the defence of such a claim.
21 Miscellaneous
21.1 Use of this website, the KeelCheck System or the PortWeather System may be subject to certain legal or regulatory requirements in particular jurisdictions. User may only access or use this website, the KeelCheck System or the PortWeather System to the extent that such access or use is permitted in the jurisdiction in which it accesses or uses this website, the KeelCheck System or the PortWeather System.
21.2 The General User Terms supersede all previous agreements, communications, representations and discussions between the parties relating to this website. No party will have a right of action against Provider nor against any Relevant Third Party arising from any previous agreement, communication, representation and discussion in respect of this website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in these General User Terms. No modification or waiver of the General User Terms shall be binding on Provider unless it is in writing and agreed by an authorized representative of Provider.
21.3 References in the General User Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form. References in the General User Terms to the singular include the plural and vice versa and any reference to the word 'including' is without limitation as to its generality. Any reference to any Act, regulation, direction or the like shall include any amendment, modification, re-enactment or restatement thereof for like purposes made from time to time.
21.4 Each of the provisions of the General User Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
21.5 All rights under the General User Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
21.6 OMC and each Relevant Third Party shall have the benefit of all provisions of the General User Terms which are expressed to be for their benefit, as well as the law and jurisdiction paragraph. In entering into the General User Terms, OMC does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for Provider and all such Relevant Third Parties.
21.7 Provider may at any time and without notice or liability change, improve or remove any information or functionality available via this website, the KeelCheck System, the PortWeather System, or the General User Terms and the same shall be and become effective upon being posted on this website other than in respect of any amendment, modification, re-enactment or restatement of any Act, direction or the like which shall automatically take effect upon the same becoming effective or operative in law.
21.8 User acknowledges and undertakes that it shall comply with all applicable laws and requirements of any Regulatory Authority incidental or related to the use of this website, the KeelCheck System, the KeelCheck Purpose, the PortWeather System and the PortWeather Purpose.
21.9 These General User Terms are subject to the laws applying in the State of Victoria, Australia and any dispute, claim, matter of construction or interpretation arising out of or relating to this website, including the General User Terms, shall be subject to the exclusive jurisdiction of the Courts of that State.