Terms of Service

Last Updated: 28 November 2025

Welcome to KiwiSailor! These Terms of Service (“Terms”) govern your use of the website located at https://kiwisailor.com (the “Site”) and the services, features, content, and products we offer (collectively, the “Services”).

Please read these Terms carefully. By accessing our Site, creating an account, or purchasing products, you agree to be bound by these Terms and our Privacy Policy.

1. Introduction & Agreement to Terms

This agreement is a legally binding contract between you (“the User,” “you”) and KiwiSailor (“we,” “us,” “our”), located in Victoria, Australia. These Terms govern your access to and use of our Services. If you do not agree with all of these terms, you are expressly prohibited from using the Site and must discontinue use immediately.

2. User Accounts & Registration

To access certain features of the Site, including making purchases, you must register for an account. You agree to:

Provide true, accurate, current, and complete information as prompted by the registration form.
Maintain and promptly update your account information to keep it accurate.
Maintain the security of your password and accept all risks of unauthorized access to your account.
Notify us immediately at [email protected] of any known or suspected unauthorized use of your account.
You are responsible for all activities that occur under your account.

3. Digital Products & Purchases

We offer digital products for sale through our Site, facilitated by Easy Digital Downloads.

Payments: You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments shall be made via the payment methods available at checkout. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
Pricing: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product without notice.
Third Party References & Links: Our digital products may contain references to, or links to, third party organizations, products, or services. These references and links are provided for your convenience and informational purposes only and may be amended or discontinued at any time without notice. Such references or links are not considered an integral part of the digital product and do not constitute an endorsement, affiliation, or partnership with the third party. We are not responsible for the content, accuracy, or availability of any third-party materials, and your use of any third-party sites or products is at your own risk.
Refunds: Due to the digital nature of our products, all sales are considered final and non-refundable. Please review product descriptions carefully before purchasing. Any exceptions will be made at our sole discretion.
Licensing: Upon purchase, you are granted a non-exclusive, non-transferable license to use the digital product for personal or limited commercial use as specified in the product description. You are not permitted to share, resell, reproduce, or redistribute our digital products.

4. Modifications

a) To the Site or Services.

We may make changes to the Site or Services from time to time. We will not be required to inform Customers if we make any change to our Site or Services.

b) To the Products.

We may make changes to the Products from time to time. Any change does not deem an earlier version of the product to be faulty, require repair or replacement, nor does any change deem and earlier version to be obsolete or redundant. Only the latest released version of a Product, once published on our web site, will be available for purchase and download. We will not be required to inform Customers if we make any change to our Products.

c) To the Agreement.

We may change the terms of this Agreement from time to time and will post the updated Agreement at https://kiwisailor.com/home/terms/.

d) Discontinuation of Products.

We will not be required to notify Customers if any Products will be temporarily unavailable or permanently discontinued.

5. Permitted and Prohibited Activities

You may use this Site and Services only for lawful purposes. You agree not to:

Engage in any activity that is fraudulent, illegal, or harmful.
Attempt to gain unauthorized access to our Site, servers, or user accounts.
Infringe upon our intellectual property rights or the rights of others.
Use the Site to transmit spam or other unsolicited commercial communications.
Upload or transmit any material that contains viruses or any other harmful computer code.

6. User-Generated Content

If you post comments, reviews, or other content on the Site, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and display such content. You are solely responsible for the content you post and warrant that you own or have the necessary rights to post it.

7. Intellectual Property Rights

Unless otherwise indicated, the Site , the Services and all the content, including source code, logos, text, graphics, and trademarks (our “Intellectual Property”) are owned by or licensed to us, and are protected by copyright and trademark laws. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.

8. Third-Party Services (Google Login)

We may allow you to create or access your account using third-party services like Google. You acknowledge that:

Your use of such third-party services is governed by their own terms of service and privacy policies.
We may receive certain information about you from the third party, as consented to by you on their platform. Our use of this information is governed by our Privacy Policy.
We are not responsible for any actions or issues arising from your use of these third-party services.

9. Disclaimers and Limitation of Liability

a) No Professional Advice

The content of the Site and Services, including all sailing itineraries, routes, distances, sailing times, anchorage information, sailing conditions, weather data, and tidal information (collectively, “Sailing Information”), is not intended to be a substitute for professional advice from a qualified marine mechanic, naval architect, certified maritime professional, or experienced navigator. The information provided does not constitute professional advice, and you should not rely on it as such. Always seek the advice of a qualified professional with any questions you may have regarding navigation, vessel operation, maintenance, or repair. Never disregard professional advice or delay in seeking it because of something you have read in our Site or Services.

b) Assumption of Risk

Sailing, vessel operation, navigation, maintenance, and all related maritime activities are inherently dangerous and carry significant risks of personal injury, death, and property damage. These risks include, but are not limited to, sinking, collisions, grounding, fire, equipment failure, adverse weather conditions, hazardous sea states, and navigational errors. By using the Sailing Information and other content provided in the Site and Services, you expressly agree to assume all risks associated with these activities. You acknowledge that sailing and marine navigation involve inherent risks and that conditions can change rapidly. You are solely responsible for your own safety and the safety of others, including your crew and passengers, as well as for the condition and operation of your vessel and its equipment.

c) Verification of Information Required

All Sailing Information should be verified with current official navigation charts, notices to mariners, weather forecasts, tidal charts, and local maritime authorities before undertaking any voyage. The Sailing Information provided is for general informational and planning purposes only and may contain errors, omissions, or become outdated. You must exercise proper seamanship, sound judgment, and independent verification at all times.

c) “As Is” and “As Available”

The Site and our Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Sailing Information or other content contained in the Site and Services will meet your specific requirements, will be accurate, complete, or current, or that the application of the guidance will be uninterrupted or error-free.

d) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO:

(i) Your use of or reliance upon any Sailing Information or other content provided on the Site or Services; (ii) Your access to or use of or inability to access or use the Site or Services; (iii) Any errors, omissions, or inaccuracies in the Sailing Information or other content; (iv) Any navigation, sailing, or marine activities undertaken based on the Sailing Information; (v) Any weather conditions, sea states, tidal conditions, or other environmental factors encountered; (vi) Any conduct or content of any third party; (vii) Any content obtained from the Site or Services; or (viii) Unauthorized access, use, or alteration of your transmissions or content;

WHETHER SUCH LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the products or services purchased.

e) Third-Party Liability

We are not responsible for any damage or injury caused to third parties by your actions. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, your reliance on any Sailing Information, your violation of these Terms of Service, or your negligence or willful misconduct.

f) User’s Responsibility

It is your responsibility to ensure that you have the necessary skills, knowledge, qualifications, and equipment to safely perform any procedure or undertake any voyage described in the Site and Services. You are responsible for ensuring your vessel and its equipment are in good working order, properly maintained, and suitable for the intended voyage, and for complying with all applicable local, state, federal, and international laws and regulations, including maritime regulations and safety requirements.

By using our Site, Services and purchasing, downloading, and using our Products, you are agreeing that you have read, understood, and accepted the terms of this disclaimer. If you do not agree with these terms, you should not use the information provided in the Site or Services.

10. Termination of Use

We reserve the right, in our sole discretion, to deny access to and use of the Site and the Services (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms. We may terminate your use or participation in the Site or delete your account without warning, in our sole discretion.

11. Governing Law and Dispute Resolution

These Terms of Service and any dispute arising out of your use of the Site or products shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, without regard to its conflict of law principles.

12. Contact Us

If you have questions or comments about these Terms, please contact us at: [email protected].

We also recommend that you review our Privacy Policy and Affiliates Disclosure.