1. Introduction
These Terms of Service ("Terms") govern your access to and use of the website at shadowbaypty.site and the services provided by Shadow Bay Pty Ltd (ABN 99 698 944 400, ACN 698 944 400). By accessing this website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
2. Definitions
"Company", "we", "us", or "our" refers to Shadow Bay Pty Ltd. "You" or "your" refers to the user, visitor, or client accessing our website or engaging our services. "Services" refers to all maritime logistics, port operations, supply chain, customs compliance, warehousing, and consulting services offered by the Company.
3. Use of Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the site. You must not:
- Use the website in any way that breaches any applicable Australian or international law.
- Attempt to gain unauthorised access to any part of the website, servers, or systems.
- Introduce malicious code, viruses, or any other harmful material.
- Use any automated means to access, scrape, or data-mine the website without our written consent.
4. Intellectual Property
All content on this website, including text, graphics, logos, page layout, design, and underlying code, is the intellectual property of Shadow Bay Pty Ltd unless otherwise stated. You may not reproduce, distribute, modify, or republish any content without our prior written consent.
5. Services and Engagement
Where you engage us to provide maritime logistics, port operations, or supply chain services, separate terms and conditions specific to that engagement will apply in addition to these Terms. In the event of any inconsistency, the specific engagement terms will prevail.
6. Limitation of Liability
To the maximum extent permitted by the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth):
- Our services are provided on an "as available" basis, and we make no representations or warranties of any kind, express or implied, regarding the operation of our website or the accuracy of its content.
- We will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or services, including but not limited to loss of profits, data, or business opportunities.
- Where liability cannot be excluded, our total liability to you is limited to the amount paid by you for the relevant service or, if no payment was made, the supply of the service again.
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the ACL that cannot be excluded, restricted, or modified by agreement.
7. Indemnification
You agree to indemnify and hold harmless Shadow Bay Pty Ltd, its directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses arising out of your use of our website, your breach of these Terms, or your violation of any law or third-party right.
8. Third-Party Links
Our website may contain links to third-party websites. We do not endorse or assume responsibility for the content, privacy practices, or terms of any third-party sites. Your use of third-party websites is at your own risk.
9. Termination
We reserve the right to suspend or terminate your access to our website or services at any time, without notice, if you breach these Terms or engage in conduct that we reasonably determine to be harmful to our business, other users, or third parties.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the federal courts of Australia.
11. Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of the website or services after any changes constitutes your acceptance of the revised Terms.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
13. Contact
If you have any questions about these Terms, please contact us:
Email: ceo@shadowbaypty.site
Company: Shadow Bay Pty Ltd
ABN: 99 698 944 400
ACN: 698 944 400
Location: Melbourne, VIC 3000, Australia