Subscription Terms & Conditions
Please read the following terms relating to the services, which are provided by Nawtikhul Pty Ltd trading as 55 Knots A.B.N.34 603 688 517 (we, us, our, or 55 Knots).
Your decision to create an Account with 55 Knots means you acknowledge that you have read, understood and agree to be bound by the terms and conditions contained in these Terms. These Terms govern your use of the Services that you are provided access to, via the Subscription. Your access to the Services is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or scope of the Services. This may result in additional services being provided or some of the existing services being terminated.
Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
How to access the Services
55 Knots provides Subscribers with access to the Services. You must be a current and valid Subscriber to access the Services and the associated benefits.
Once you become a Subscriber, the Subscription is ongoing until such time that it is terminated.
55 Knots reserves the right, in our sole and absolute discretion, to make changes to our Services from time to time.
Subscription entitles you to a single-use, non-exclusive, non-transferable right to access the Services, subject to the terms and conditions contained in these Terms. Subscription occurs when you create an Account with us.
When creating an Account, you warrant and represent that:
- all information provided is true, accurate and complete to the best of your knowledge;
- you have authority to enter in to these Terms;
- you have read and understand the terms and conditions contained within these Terms and agree to be bound by them; and
- you will only use the Services for lawful purposes.
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that your Account’s security is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from your act or omission to act.
You acknowledge and agree that:
- unless otherwise agreed, the Subscription Fee must be paid to us by credit card; and
- 55 Knots reserves the right to vary the Subscription Fee, by providing you with at least 30 days’ prior notice, before effecting any such changes.
Please email us if you wish to request a refund for any payment that you have made to 55 Knots. However, we only issue refunds if we are required to do so under the Australian Consumer Law.
Fair use – ‘Captain’ package option
55 Knots wishes to ensure that all subscribers benefit equally from the Services. Therefore, we reserve the right to limit the Services or entitlements to any Subscriber of our ‘Captain’ package where, in the opinion of 55 Knots, their use of the Service or entitlement is excessive or unreasonable.
Once we have identified a trend of excessive use of the Services, we will notify you that further Services will only be provided at an additional fee, to be quoted and agreed upon, at the relevant time.
Term of agreement
These Terms commence on the Subscription Date and will continue until such time that they are terminated.
Acceptance will be deemed to have occurred when 55 KNOTS communicates its confirmation of your Subscription to you, in writing, including via email.
The Services may be terminated by:
- you, at any time, by providing us with one months’ notice, via email; or
- 55 Knots, if you have committed any material breach of these Terms, and in the case of a breach capable of being remedied, you fail to remedy the breach within ten (10) days, after the receipt of a written request from us; or
- 55 Knots, if you fail to make any payment due to be made to 55 Knots; or
- 55 Knots, if we decide to no longer offer the Services, or any particular Subscription package.
Upon termination of these Terms, 55 Knots will immediately disable your user name and password and password and consequently, deny you access to the Services.
Representations and warranties
Subject to all applicable laws, the Services is provided, on an as is basis. We make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
You will own all intellectual property rights associated with any original work that 55 Knots creates, on your behalf, and pursuant to these Terms.
You agree to provide 55 Knots with an unrestricted licence to display and showcase all work that it creates, on your behalf, for the purpose of advertising and promoting its business.
To the fullest extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you, or claims made against you, which result from any use or access of, or any inability to use or access, the Services.
Exclusions and Limitations of Liability
To the extent permitted by law, 55 Knots will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of your Account;
- your use of the Services;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of 55 Knots,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
You agree to indemnify 55 Knots from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you, which may result from your use of the Services.
Any notice to be given by 55 Knots under these Terms, or in relation to the Services, will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time the email was sent by 55 Knots, or at the time the relevant information was posted on the Website.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of 55 Knots.
By agreeing to these terms and conditions, you also consent to receive further electronic communications from us in relation to the 55 Knots business, including promotions and special offers. Of course, you may email us, at any time, to unsubscribe from receiving electronic commercial messages from us.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of New South Wales, Australia govern these Terms.
In this document:
Account means a 55 Knots subscription account, which the Subscriber has created, to access the Services.
Services means the services that 55 Knots provides to you, the Subscriber.
Subscriber means the individual, company or organisation that has created an Account, via the Website.
Subscription means a subscription to access the Services.
Subscription Date means the date that the Subscriber’s Account has been created.
Subscription Fee means any fee that is payable to 55 Knots, in relation to a Subscription.
Terms means these 55 Knots Subscription Terms.
Website means the website displayed at https://55knots.com.au/subscription/.