Vessel-Check Online Portal Terms and Conditions of Use DHI Water and Environment Pty Ltd (“DHI”) makes the Vessel Check vessel biofouling risk assessment tool (“the Tool”) available to you on the Terms and Conditions set out below. To use this Tool, you must agree to be bound by these Terms and Conditions. Purpose of Tool The Tool is designed to act as a support to your ongoing management of vessel biofouling and to minimise the risk of translocating invasive marine species (IMS) The Vessel Risk Status in the Risk Assessment generated by the Tool reflects the likelihood of the presence of an IMS on your vessel. DHI does not warrant that the Vessel Risk Status provided in the Risk Assessment accurately reflects whether an IMS is present on your vessel. DHI anticipates that you will make your management decisions based on logistical and other constraints and obtain your own legal advice in respect of your operations. Accuracy Of Information Submitted To Fisheries Officers In capturing vessel biofouling information and actions, you warrant that the information you supply is true and correct to the best of your knowledge. The information and Risk Assessment will be used by regulators responsible for the biosecurity in the territory you are entering. It is an offence to provide information that you know is false or misleading. It is also an offence to omit from a statement or document provided anything that without which the statement or document is misleading. These offences may carry potential penalties or imprisonment depending on the regulatory authority. If it is found that information supplied in your Risk Assessment Report is incorrect, the regulator may regard the Risk Assessment as invalid and may no longer recognise the Risk Assessment as evidence that you have taken reasonable steps to minimise the risk of translocating an IMS. You should seek independent legal advice before using this risk assessment Tool. Privacy & Confidentiality Any personal information we collect through the Tool may be used for the primary purpose for which it was collected. This includes the auditing of risk assessments and for verifying information provided. We will only use that information to communicate with you in the way indicated. Non-identifiable data collected via the portal may be utilised by DHI and/or its partners for research, commercial and/or marketing purposes, and/or to assist in continuous improvement of the risk assessment. This data will be disaggregated from identifying information such as vessel name and IMO. Examples of this data include but not limited to: vessel type, AFC use, cleaning and inspection history, use of marine growth prevention systems, time spent in ports, etc. DHI retains all rights and title to the intellectual property created, developed or ascertained in connection with the Tool and these Terms & Conditions of Use. Liability The information and advice provided is made available in good faith and is derived from sources believed to be reliable and accurate at the time of release of the latest version of the Tool. However, the information is provided solely on the basis that users will be responsible for making their own evaluation of the matters contained or discussed herein in accordance with the purpose of the Tool. Changes in circumstances after the design and development of this Tool may impact on the accuracy of the information. No assurance is given as to the accuracy of any representation, statement, information or advice contained after the publication on the Internet. DHI shall not be responsible or liable for any loss or damage howsoever caused (whether caused by any negligent or other unlawful act or omission of any employee of DHI) arising from the use of or reliance on any information, data or advice (including out-of-date or inaccurate information, data or advice) expressed or implied in the Vessel Check website. In no event shall DHI or its representatives be liable to any other party for any special, indirect, incidental or consequential damages or damages for loss of business profits or savings, business interruption, loss of business information or other pecuniary loss in connection with the Tool even if DHI has been advised of the possibility of such damages. DHI shall not be liable to the user for any damages arising out of the use of, or the inability to use, the Tool. This limitation shall apply to claims of personal injury to the extent permitted by law. DHI does not warrant that the Tool is free of bugs, errors, defects or omissions, and that operation of the Tool will be error-free or uninterrupted nor that all non-conformities will or can be corrected. It does not warrant that the Tool shall meet the user’s requirements or expectations or shall be fit for the user’s intended purposes. DHI makes NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DHI DISCLAIMS ALL OTHER WARRANTIES OR LIABILITIES NOT EXPRESSLY PROVIDED IN THESE TERMS. Notwithstanding the above, DHI’s total liability and/or indemnification obligations (whether in contract, tort, including negligence, or otherwise) under or in connection with the use of the Tool shall not exceed $1000 USD. By agreeing to be bound by these Terms & Conditions, the user accepts that the above limitations, or the maximum legally applicable subset of these limitations, apply to the user’s purchase and use of the Tool. The Vessel Check web pages include links to external internet sites. These external information sources are outside the DHI’s control. It is the responsibility of the Internet user to make his or her own decisions about the accuracy, currency, reliability and correctness of information found.