Thanks for joining us on our mission to chart global maritime pollution using crowdsourced, image-based, data. As the eyes of the sea, with your help we can drive change in how we manage the protection of our ocean and coast.
We want to be clear about what you agree to when you use our services (including our app and our website, www.eyesea.org). That’s what these terms cover.
By using our services, you agree to these terms. If you don’t follow these terms, we can suspend or terminate your access to our services. Even if you don’t have an account with us, these terms will apply when you use our services.
We’re driven by change. And that means we might need to change these terms, so you should check back from time to time. The terms on this page are the ones that apply when you use our services. Any changes will apply if you keep using our services after we’ve updated these terms.
We’ll tell you when we last updated these terms at the top of the page. [If the changes are significant, we’ll also notify you by displaying a banner notification on our app and website and sending an email to the address you’ve provided to us.]
When we say ‘we’, ‘us’, or ‘our’, we mean Eyesea New Zealand Incorporated, an incorporated society registered in New Zealand (registration number 50053892). Our registered office is at c/- Dentons Kensington Swan, Level 9, 89 The Terrace, Wellington, New Zealand.
We provide the services in accordance with New Zealand law. That’s the law that will govern how these terms work, your rights, and our obligations. Any disputes arising under or in connection with these terms, including your use of our app or website, will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
- Our services
Sometimes, we might not be able to make our services available. You should know that your access is on an ‘as is, where is, as available’ basis. That means there might be times when you can’t access our services, including certain features of our website or app.
We don’t make any promises, representations, or warranties as to:
- the accuracy of the content of our app or website; or
- when or how you’ll be able to access our services.
We’re not liable for:
- loss or damage suffered by you through your use of our services, or your inability to access our app or website;
- errors or omissions in the content of our app or website;
- loss, fees, or costs you incur or suffer when using our services;
- malicious code, viruses, blocked access, or if our services don’t work.
- Intellectual property
When you upload content to our app or website, you grant us a non-exclusive, royalty free, and irrevocable right to use that content, including in connection with our own initiatives.
By uploading content, you also confirm that you have the right to do so and that you have the right to let us use and distribute that content as described in these terms.
We know that maritime pollution exists. But we need to understand the scale of our pollution problem. And we need to make others aware of that problem too. That means making our data available for public access and use. We can copy, distribute, edit, and publish content you upload to our app or website in any way, for as long as we want. We won’t pay you for it.
We own (or have the right to use) the content, material, layout, and design of our app and website, and all documents and other materials that we use when we provide you with our services. That includes our brand name and our logos.
You can access, download, view, or print information contained on our app or website for your own purposes (so long as it is only for personal reasons).
But otherwise, unless we give you permission – for instance, where we’ve made content available for general public use – you can’t use, copy, modify, adapt, store, distribute, print, display, perform, publish, or redistribute any part of our app or website (including any information or content you come across while using our services), or any other documents and materials that we provide you
- Your use of our services
When you create an account to use our services, we rely on the information you provide to be accurate, complete, and up to date.
- create an account for someone else, or let others do the same for you;
- tell others your password or username;
- try to log in to another person’s account or try to bypass our security procedures;
- try to ‘break’ our app or website or decompile, reproduce, reverse engineer, or modify our app or website, or misuse our app or website in any way;
- commercially exploit our app or website in any way;
- use our app or website (including by uploading content) in a way that:
- infringes any legislation, regulation, order, any other standard of law, any licence, standard or principle of behaviour, rule, or code that applies to you or us or which relates to the use of our app (which we’ll call ‘Applicable Law’ from now on); or
- causes us to infringe Applicable Law; or
- infringes any person’s intellectual property or contractual rights;
- upload any information or content that is obscene, pornographic, threatening, abusive, offensive, hateful or defamatory to any person or organisation, or an invasion of any person’s privacy;
- create more than one account.
- keep your password and username safe and secure; and
- change your password regularly (by clicking here [insert link]);
- keep the device you use to access our services safe, and make sure you change the password for that device regularly.
- When things go wrong
We can suspend or terminate your access to our services at any time, for any amount of time.
We may do so whenever we think we need to, including if:
- you breach any of these terms;
- we think the security of your account might be compromised;
- we’re permitted or required by Applicable Law; or
- we think that there’s a risk of harm to you or others.
If you breach these terms, and that breach results in someone making a claim against us (or telling us that they intend to), then you agree to cover all costs, expenses, and fees incurred or suffered by us in connection with that claim. You also agree that we can take over the control of that claim.
- Deleting your account
You can suspend or terminate your account at any time. [Click here [insert link] to do so].
If you choose to suspend or terminate your account, or if you ask us to delete your details:
- you won’t be able to access our services; and
- Communicating with you
We’ll use the email address you provide to us to communicate with you. Keep an eye out for important messages.
We might also send you emails about information we think you’ll be interested in such as:
- new services we are offering, and initiatives we’re involved with;
- new products we have created; or
- information about cleaning the ocean which we think is worth your time.
We hope you’ll enjoy hearing from us, but you can unsubscribe from marketing emails from us by selecting the ‘unsubscribe’ button at the bottom of those emails (but, if you do, let us know if you change your mind!).
These terms contain the entire agreement between you and us with respect to your access to our services, set out the only conduct relied on by you and us, and supersede all earlier conduct and prior agreements, representations and understandings between the you and us in connection with our provision of services.
Nothing in these terms is intended to confer a benefit on anyone other than you or us, whether under Part 2 of the Contract and Commercial Law Act 2017 or otherwise.
Nothing in these terms or arising out of the relationship established under these terms will constitute you as our agent or grant either you any authority to make any commitments on the our behalf or will create any trust, joint venture or commercial partnership between you and us.
No exercise or failure to exercise or delay in exercising any right or remedy by us will constitute a waiver by us of that or any other right or remedy available to us.
If any provision of these terms or their application to you or to any circumstance is or becomes invalid or unenforceable to any extent, the remainder of these terms and their application will not be affected and will remain enforceable to the greatest extent permitted by Applicable Law.
Our rights under these terms are cumulative and are not exclusive of any other rights and remedies available to us.
- Contact us
We’re here to help!
If you need help or want to make a complaint you can contact us [by filling in our ‘Contact Us’ form on the app [link]].
You can also email us at email@example.com [or call us on [insert phone number] (but we might not be there all the time!).]
You can even write to us, at the following address: [insert]