Terms of Service

1. Acceptance of Terms

By accessing or using How's The Spot ("the Service"), operated by How's the Spot ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By creating an account or using the Service, you represent that you are at least 13 years of age and have the legal capacity to enter into these Terms.

2. Description of Service

How's The Spot provides snorkeling and diving condition forecasts, marine wildlife information, and community-driven content for Australian snorkeling spots. The Service includes:

• Weather and marine condition forecasts sourced from third-party APIs
• Snorkeling spot information, including access details and condition ratings
• Community features such as condition reports, proposed edits, and wildlife observations
• Wildlife species data sourced from iNaturalist

The Service is provided free of charge for personal, non-commercial use. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

3. User Accounts

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Update your information to keep it accurate, current, and complete
• Maintain the security of your account credentials and not share them with others
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

You must be at least 13 years old to create an account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User-Generated Content

The Service allows users to submit, post, and share content including community reports, proposed edits to spot information, and other contributions ("User Content").

4.1 License Grant

By submitting User Content to the Service, you grant How's the Spot a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Service.

4.2 Representations

By submitting User Content, you represent and warrant that:

• You own or control all rights in and to the User Content
• All User Content is accurate and not misleading
• The User Content does not violate any applicable law or regulation
• The User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party

4.3 Content Moderation

We reserve the right to review, moderate, and remove any User Content at our sole discretion, without notice. This includes content that violates these Terms, our Community Guidelines, or applicable laws. We are not obligated to monitor User Content but may do so to ensure compliance with these Terms.

5. Acceptable Use

You agree not to use the Service to:

• Harass, abuse, or threaten other users or individuals
• Post spam, unsolicited advertising, or promotional content
• Submit false, misleading, or deliberately inaccurate information
• Share content that is illegal, harmful, defamatory, or objectionable
• Attempt to gain unauthorised access to other users' accounts or our systems
• Use automated scripts, bots, or scraping tools without prior written permission
• Interfere with or disrupt the Service or servers connected to the Service
• Violate any applicable local, state, national, or international law
• Impersonate any person or entity, or falsely represent your affiliation

6. Community Guidelines

How's The Spot relies on community contributions to provide accurate and helpful snorkeling information. We ask all users to:

• Provide honest and accurate condition reports based on your own observations
• Be respectful and constructive in your interactions with other community members
• Report content that violates these Terms or Community Guidelines
• Respect the natural environment and follow local regulations when visiting snorkeling spots

Our moderation team reviews reported content and proposed edits. Users with elevated access levels may participate in the moderation process. Moderation decisions are at our discretion and are final.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Weather and condition data is advisory only. We do not guarantee the accuracy, completeness, or reliability of weather forecasts, marine condition reports, or any other information displayed on the Service. Conditions at sea can change rapidly and may differ significantly from forecasts. You should always exercise your own judgment and assess actual conditions before entering the water.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. You use the Service at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, How's the Spot, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT How's the Spot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our total liability to you for all claims arising out of or relating to the Service exceed the amount paid by you to us during the twelve (12) months preceding the claim, or one hundred Australian dollars (AUD $100), whichever is greater.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.

9. Indemnification

You agree to indemnify and hold harmless How's the Spot, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your User Content or any content you submit to the Service
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party

10. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Service will immediately cease
• Your account will be subject to the deletion process described in our Privacy Policy
• Provisions of these Terms that by their nature should survive termination shall remain in effect, including Sections 4, 7, 8, 9, and 11

You may delete your account at any time by contacting us. See our Privacy Policy for details on the account deletion process.

11. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of Australia. You consent to the personal jurisdiction and venue of such courts and waive any objection to the inconvenience of such forum.

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute by contacting us directly. We will attempt to resolve the dispute through good-faith negotiation.

12. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of significant changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at: