1. Agreement
By downloading the Searcher App (APP) you enter into an agreement with Searcher Seismic App Pty Ltd (ACN 621 404 279) (Searcher Seismic App) on these terms of use (Agreement).
2. Our Services
The APP provides information regarding seismic surveys being conducted around the world (Service) and can be accessed via two different subscription levels – a free version and a paid version.
The free version of the Searcher App gives users access to information (with a 72hr delay) regarding vessel locations , vessel speed and vessel headings. The paid version of the Searcher App (Searcher Pro) provides this information in real time, as well as the client name, survey name and a seismic news feed.
Vessel locations are sourced from various third party data providers. The vessel thumbnail images used within the news feed are sourced from Shipspotting.com.
3. Subscriptions
The Searcher App as described above is free and offers the user the option to upgrade to a Pro version.
The paid version of the Searcher App (Searcher Pro) has monthly and yearly subscription options. Payment will be charged and managed via the users iTunes or Google Play Account at confirmation of purchase.
Subscriptions will automatically renew and the users account will be charged within 24-hours of the end of the current period unless auto-renew is turned off at least 24-hours before the end of the current period.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Each subscription of the Searcher App comes with a one month free trial of the Searcher Pro version, any unused portion of a free trial period, if offered, will be forfeited when the user purchases a monthly or yearly subscription.
It is up to the user to ensure that they self-manage their subscription via their account settings.
4. Service limitations and modifications
Searcher Seismic App will make reasonable efforts to keep the Service operational. However, to the extent permissible under applicable law, Searcher Seismic App reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice and without liability to you.
5. Term and termination
Violation of the terms of use will result in termination of your subscription.
6. Limitation
Searcher Seismic App makes no representation or warranty as the reliability of the information obtained from the APP. You agree to use the Service at your own risk and that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall the APP and to stop using the Service. To the fullest extent permitted by law, in no event will Searcher Seismic App, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss of use, data, business, or profits arising out of the use or inability to use the Service. Searcher Seismic App’s aggregate liability for all claims relating to the Service shall not exceed the amounts paid by you to Searcher Seismic App during the 12 months prior to the occurrence of the facts giving rise to the claim.
7. Novation
Searcher Seismic App may, by displaying a prominent notice within the Service, novate this Agreement to another entity.
8. Governing Law and Jurisdiction
This Agreement is governed by the law of Western Australia. By entering into this Agreement you submit to the exclusive jurisdiction of the applicable Australian court.
9. Entire agreement
These terms of use represent the entire agreement between the parties.
10. Changes to the terms of use
Occasionally Searcher Seismic App may, in our discretion, make changes to these terms of use. When we make material changes, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the terms of use, you may terminate the Agreement via your iTunes or Google Play Account.