Terms And Conditions

Terms & Conditions

Definitions

Agreement means these Terms of Use any other documents which are intended to form part of this Agreement for the provision of the Services to you.
Salty Sharks Aquarium Exhibits, us, we or our means the business known as Salty Sharks Aquarium Exhibits, owned by Aquatic Metaverse Pty Ltd ACN 654 226 098.
Code of Conduct means code of conduct that is published on the Website and refers to the manner in which Users must conduct themselves when using the Services.
Commencement Date means the date you accept the Terms of Use in the manner outlined in clause 2.
Exhibit means any virtual, interactive environment published by us on the Spatial.io or any other platform. There are multiple exhibits available for a Subscription, such as the Manta Ray Exhibit and the Whale Share Exhibit.
Family Subscription means a Subscription for you and your immediate family, namely parents and children or grandchildren up to a maximum of 5 members in total of the family.
GST means any amount payable as a tax under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
School Subscription means a Subscription to an education institution such as a school, TAFE or university.
Services means any services which are provided to you by Salty Sharks Aquarium Exhibits by agreement (including but not limited to virtual online educational experiences and Exhibits) which are intended to be provided to you in accordance with this Agreement.
Subscription includes either a Family Subscription or a School Subscription under which Users are entitled to use the Services.
Subscription Fee means the fee for the provision of the Services as set out on our Website and or as varied as allowed under this Agreement from time to time.
Users means people who are authorised to use the Services under your Subscription.
Website means the website on which you are viewing these Terms of Use, including www.saltysharks.io.
You or your means the customer of Salty Sharks Aquarium Exhibits, having accepted this Agreement and wishing to book the Services from us.

Offer and Acceptance:

By entering into a Subscription with us and by ticking the check box on the Website to indicate that you have read and accept the terms and condition, you will be regarded as having entered into a contract and will be bound by the terms and conditions set out in this Agreement.
The price shown at the time you enter your payment details is the total price of the order. We refer to this price as the Subscription Fee.

Subscription Fee and Payment Terms:

The Subscription Fee payable under this Agreement is payable in the matter set out on the Website, which is by way of either a monthly Subscription or annual Subscription.
If you selected a monthly Subscription, the Subscription Fee will be debited from your nominated payment method on the monthly anniversary of you entering into the Subscription with us, with the first payment to be made at the time of entering into the Subscription.
If you have selected an annual Subscription, the annual Subscription Fee must be paid at the time of entering into the Subscription.
An annual Subscription will entitle you to a 10% discount on the monthly Subscription Fees.
Subscriptions (both monthly and annual) will renew automatically and your account will be charged unless you provide us with at least 24 hours prior notice via the “Manage Subscription” panel of your account details.
If you have subscribed to a 3 or 6 Exhibit option as part of your Subscription, you will be authorised to, once only per year, change the Exhibits that are included in your Subscription.
It is acknowledged that all payment will be made through Stripe payment processing (stripe.com). We do not keep any payment details such as credit card details and by agreeing to these Terms of Use you hereby consent to the use of the Stripe platform for the processing of any payments in respect of the Subscriptions.
You hereby authorise Stripe to debit your account for the Subscription Fees as set out in this Agreement.
We reserve the right to change the Subscription Fee at any time prior to you accepting these Terms of Use and entering into a Subscription with us. Any changes to Subscription Fees will be notified at least one calendar month in advance to the increase in price being applied.
3.10.GST and any other taxes and duties that may be applicable to the invoice are included in the Subscription Fee except if it is expressly stated that GST is excluded.
3.11.If a Subscription Fee payment is not received by us, then we may immediately terminate this Agreement. At no time will Salty Sharks Aquarium Exhibits be liable for any loss suffered by you as a result of the refusal to provide the Services to you if the Agreement is terminated under this clause.

Term of Agreement:

This Agreement will commence on the date you accept these Terms of Use and will continue so long as you continue to use Salty Sharks Aquarium Exhibit’s Services and until it is terminated by either party in accordance with this Agreement.
We reserve the right to amend our Terms of Use at any time. You agree that you will regularly check our website to ensure that you have read the latest version of our Terms of Use. We will notify you of any changes to the Terms of Use by posting these changes on our Website and requesting you acknowledge the changes.

Subscriptions

A Subscription shall entitled you to access the number of Exhibits which are set out on the Website relevant to the Subscription Fee that applies to you.
Entering into a Subscription with us gives you access to the relevant number of Exhibits for your personal and non-commercial use. You are entitled to access only the Exhibit or Exhibits (as the case may be) selected as part of your Subscription.
When entering into the Subscription with us, you must provide us with access to all email address that are to be included in your Subscription via the “Manage Subscription” panel of your account details.
You hereby acknowledge that every User will need to establish an account on spatial.io in order to access the Services.
A School Subscription entitles you to provide us with an unlimited number of email addresses for people who are either students, staff or teachers at the School, with only email addresses from the School or Department of Education domain accepted.
A Family Subscription entitles you to provide us with up to 5 email addresses, inclusive of the email address that is used to setup the login details for your Subscription.
Upon entering into a Subscription with us, you will be given the opportunity to set up an account on the spatial.io platform with the same email address as provided to us in the “Manage Subscription” panel of your account details. It is your responsibility to ensure that you keep your account secure and remember all login details to your account. You will be unable to access the Exhibits if you do not have your login details or they do not match the email addresses provided to us.
At any time during the Subscription, you may upgrade your Subscription. To do so, the new Subscription Fee for the upgraded Subscription needs to be paid in full. Upon payment of the upgraded Subscription, you will then receive a refund for the Subscription Fee already paid on a pro rata basis for any full month not used in the initial Subscription.
All access to the Exhibits must be made using your login details.
5.10.If you lose your password, there is an option on the Website to reset your password.
5.11.We may require you to change your password from time to time.
5.12.You agree that you will keep your account details, including login details, confidential and will not share these details with other people (in the case of a School Subscription – other than to students or employees of the education institution and in the case of a Family Subscription – other than to the members of the family for whom the email addresses are provided to us) and allow them to access the Exhibits under your account.
5.13.You must immediately notify us if you believe that your account has been compromised and you agree that you will be solely liable for any loss or damage which results from your failure to comply with this obligation.

Use of the Services

We will use our best ability to ensure that the Services are available to you. However, we do not warrant that the Services will be available at any given time and you hereby acknowledge that the Services may be unavailable periodically for maintenance or due to interruption.
Where the Services are unavailable, we will use our best efforts to ensure that any period of downtime is kept to a minimum.
We reserve the right to modify or discontinue any of the Services at any time without notice.
We also do not warrant that the Services will work with any particular hardware or software systems.

Website

The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.
Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
We may subcontract the storage of any data to another third party (or multiple third parties) without notification to or consent from you.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter the Website and the Exhibits at our sole and absolute discretion.
From time to time, without notice, access to all or part of the Website or the Exhibits may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.

Cancelation of Subscription and Refunds

You may cancel your Subscription at any time through the “Manage Subscription” panel on your account.
Cancelling your Subscription does not entitle you to a refund, in full or pro rata, for any Subscription Fees you have paid prior to cancelling your Subscription.
If you cancel your Subscription, you will still be entitled to access your account up to the date for which the Subscription has been fully paid.

Suspension or Termination of Subscription

In the event that you or a User under your Subscription has breached these Terms of Use, then we may (without further notice to you and at our discretion), either suspend or terminate your Subscription.
In the event of a suspension of termination of your Subscription, you will not be entitled to a refund of any Subscription Fees.

Code of Conduct

10.1.All Users under your Subscription must abide by our Code of Conduct at all times. It is your responsibility to ensure that all Users abide by the Code of Conduct.
10.2.In the event that you or any User registered under your Subscription breach the Code of Conduct, we may either suspend or terminate the Users access to the Services or, alternatively, suspend or terminate your Subscription in accordance with clause 9 above.

You, and each User, must

not use the Services in such a way as to offend or interfere with the use by anyone else of the Services;
ensure that they treat all other Users with respect. Swearing, profanity, harassment, bullying, racial abuse, inappropriate avatars and such other conduct as deemed by us to be inappropriate will not be accepted;
not onsell, assign or trade any Subscription;
not upload, submit, publish, copy, publish or otherwise communicate any materials while connected to or otherwise using the Services that: some text
1. are defamatory, libellous or inaccurate;
2. are abusive or threatening towards or invade the privacy of any third party;
3. which are offensive, obscene or pornographic;
4. infringe the intellectual property rights, including copyrights, of any third party;
5. violate any law or regulation;
6. advocate illegal activity;
7. advertise or otherwise solicit funds or are a solicitation for goods or services; or
8. are treated as confidential under any contract or policy;
not attempt to circumvent the security systems of our Website, the Exhibits or anything else associated with the Services;
not attempt to gain access to any part of the Services or an Exhibitin a fraudulent manner;
not use the Services in a fraudulent manner, including but not limited to, access to the Website, Exhibits or information or images that have not yet been officially announced or incorporated into the Services.
not attempt to gain access to any other User’s account;
not attempt to in any way collect information about other Users without their consent;
not attempt to use any part of the Services for any purposes other than those intended by us; or
not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any part of the Services.

Intellectual Property

11.1.We warrant that we own or have a licence to use the Intellectual Property on the Website.
11.2.You warrant you will not do any of the following, or permit any person over whom you have effective control to:some text
1. copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through its ordinary use;
2. incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format;
3. sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
4. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the Website.

Warranties

12.1.Salty Sharks Aquarium Exhibits relies on you providing up to date and truthful information so that we may provide you with the Services under this Agreement. By entering into this Agreement, you acknowledge and agree that Salty Sharks Aquarium Exhibits is providing these Services to you based on the information provided by you, and you warrant that information is true and correct at the date that you agree to these Terms of Use.
12.2.Any express or implied warranties, representations or statements in respect of our Services that are not detailed or referred to in these Terms of Use, are excluded to the maximum extent permitted by law.
12.3.Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited. To be clear, nothing in this Agreement will exclude, restrict or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may apply.
12.4.To the extent that any of the limitations of liability under this clause are deemed void or not binding on the parties, you agree that the maximum liability that we can be liable for any negligence or breach of contract or law is the cost of providing those Services again.

Indemnity and Release from Liability

13.1.You engage or participate in the Services at your sole risk.
13.2.By accepting the terms of these Terms of Use, you release and indemnify Salty Sharks Aquarium Exhibits from all liability, loss, damages, claims, injury, death, causes of action, demands and expenses (including any legal and court costs) arising from or in any way relating to the provision of its Services and your participation in the Services provided or operated by Salty Sharks Aquarium Exhibits including except to the extent that it is caused by negligence on the part of Salty Sharks Aquarium Exhibits, our employees or any individual under our control.

Confidentiality

14.1.At no time may you or a User under your Subscription photograph, reproduce, record, duplicate, copy, download or otherwise exploit for any purpose any Exhibits, the Website or any other intellectual property owned by us without our express permission.
14.2.Without limiting the generality of any other provision in these Terms of Use, the use of any intellectual property owned by us for any purpose is prohibited.

Privacy Policy and use of media

15.1.Salty Sharks Aquarium Exhibits recognises the importance of privacy and protecting your personal information. We only collect information that is reasonably necessary for the property performance of our obligations under this Agreement and to enable us to provide the Services. The type of information that we will collect includes your name and contact details and the email address of Users. This information may be collected either directly from you or through other means such as through our website.
15.2.You agree that we may use your personal information for the purpose of sending you marketing communication and information relating to the services provided by us that we think may be of interest to you. We may also use this information to comply with our statutory or insurance requirements and to provide you with the Services.
15.3.We may only disclose your personal information to a third party if it has been collected by you for that purpose or for a related or ancillary purpose related to the Services provided by us to you. We will never give your personal information to third party marketing firms. We agree that we will comply with the requirements of anti-spam legislation and any electronic marketing will have the option for you to “opt-out” of receiving future marketing material from us.
15.4.We will also take all reasonable steps to protect the personal information that we hold from loss, unauthorised access and misuse. When no longer required, we will destroy your personal information.
15.5.By entering into these Terms of Use, you acknowledge that information stored online is vulnerable to attack and that we cannot provide a guarantee that it will remain secure. By entering into these Terms of Use you hereby agree that we are not to be held liable and are hereby released from any liability resulting from the disclosure of your personal information other than as a result of our gross negligence or our deliberate act.
15.6.If you wish to access the personal information that we hold for you, you should contact us directly. We will take all reasonable steps to respond to such requests subject to any exemptions including where the provision of the requested information breaches another party’s privacy entitlements.
15.7.If you have a privacy related complaint, you may contact us directly. If we are unable to resolve your complaint, you may also make complaints to the Office of the Australian Information Commissioner.

General

16.1.Any failure by Salty Sharks Aquarium Exhibits to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect Salty Sharks Aquarium Exhibits’s right to subsequently enforce that provision.
16.2.These Terms of Use are to be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia and the laws of Queensland.
16.3.Where more than one individual or entity has entered into this Agreement, you agree to be jointly and severally liable for all payments and obligations required under the Agreement.
16.4.If any part of these Terms of Use and any further documentation intended to be read in conjunction with these Terms of Use is invalid or unenforceable, that part is to be removed from the Terms of Use and/or other documentation and the remainder of the Agreement continues in full force.