Terms of Use

1. Agreement

By accessing PortPilot (“the Service”) you agree to these terms. If you access it on behalf of an organisation, you confirm you are authorised to bind that organisation, and “you” means both you and it.

If you do not agree, do not use the Service.

Where a separate written agreement exists between us and your organisation, that agreement prevails to the extent of any inconsistency.

2. What PortPilot is

PortPilot is an observational and analytical record of vessel movements at the Port of Port Hedland. It combines:

• Vessel position data received from public AIS broadcasts using equipment we operate
• The shipping schedule published by Pilbara Ports Authority
• Tide predictions published by the Bureau of Meteorology
• Port geography derived from published sources and our own observation
• Analysis and derived records computed from the above

“Data” means all information made available through the Service, including raw observations, derived events, analysis, reports and exports.

3. What PortPilot is not

PortPilot is not a navigation product and must not be used for navigation.

It is not an aid to navigation, is not certified for navigational use, does not meet any standard applicable to navigational equipment, and is not maintained to any navigational standard. Nothing in it may be relied upon for the safe conduct of a vessel.

PortPilot does not:

• Schedule vessels, allocate berths, or assign priority
• Calculate, reproduce or approximate under-keel clearance
• Recommend a draught, a sailing time, a sequence, or any operational decision
• Constitute advice of any kind — operational, commercial, legal or financial
• Take account of any circumstance particular to you

Those functions belong to the port authority, to licensed pilots and masters, and to the systems built for them.

PortPilot observes and records. It does not adjudicate, advise, or direct. You are solely responsible for every decision you make.

4. Accuracy, and the limits of what we can observe

Data is provided as observed, on an “as is” and “as available” basis, without warranty of accuracy, completeness, timeliness or fitness for any purpose.

You acknowledge specifically:

AIS is self-reported.

Vessel identity, dimensions, draught, destination and navigational status are entered by a vessel’s crew and are frequently incorrect, outdated, absent or corrupted in transmission. We do not verify them and cannot.

Reception is not continuous.

Radio reception is affected by weather, equipment, distance, obstruction and interference. Gaps occur. A vessel not shown may nonetheless be present, and a position shown may be stale.

The shipping schedule is a third-party document.

It is published by Pilbara Ports Authority, changes without notice, and is republished several times daily. Our record reflects what was published at the time we retrieved it — not the current operational position, and not any decision made or communicated outside a published version.

Derived records are interpretations.

Arrivals, departures, dwell times, transits, classifications and comparisons are computed by rules applied to imperfect observations. Those rules may misclassify. Where a figure is bounded by our observation window or otherwise uncertain, the Service says so — but the absence of a caveat is not a warranty.

Tide data is astronomical prediction.

Tide figures come from the Bureau of Meteorology. Actual water levels differ with wind, pressure and surge. The Bureau’s attribution and disclaimer are displayed with that data and form part of these terms.

Historical analysis reflects our observation window, which is stated with every figure derived from it.

5. Accounts and Authorised Users

Access is by named individual. Each account belongs to one identifiable natural person who is an employee, officer, director or engaged contractor of your organisation.

You must:

• Register using that person’s own corporate email address on a domain verified for your organisation. Generic, shared or role addresses are not permitted.
• Keep credentials secure and not share them. Multiple people may not use one account.
• Ensure a person ceases to have access immediately on ceasing to be employed or engaged by your organisation.
• Notify us promptly of any unauthorised access.

You are responsible for all activity under accounts associated with your organisation, and for the acts and omissions of your users, as if they were your own.

Your team administrator may invite, approve, remove and manage members within your seat allocation. We may refuse, suspend or terminate any account at our discretion.

6. Permitted use

Subject to these terms and to your subscription, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service and Data for your organisation’s internal business purposes only, for the duration of your subscription.

Internal reporting. Your users may prepare internal reports and analysis that summarise Data at a high level, state conclusions drawn from it, or present aggregated figures, and may share those internally within your organisation — provided PortPilot is identified as the source. Raw or extracted Data may only be accessed by your Authorised Users.

7. Prohibited use

You must not, and must ensure your users do not:

Extraction and redistribution

• Access the Service by automated means, scrape it, or extract Data in bulk, except through an interface we provide for that purpose
• Export or copy Data into any other database, system or product, other than internal systems accessible only to your Authorised Users
• Redistribute, resell, sublicense, publish or make Data available to any third party
• Access the Service through any data aggregator, reseller or third-party platform

Artificial intelligence and machine learning

• Input Data into any external or third-party machine learning model, including any public large language model or generative AI service
• Use Data to train, fine-tune or evaluate any model intended for a product or service you provide to others, without our prior written consent

Internal use of Data with a model operated solely by your organisation, for your internal purposes, is permitted.

General

• Circumvent access controls, entitlements, rate limits or authentication
• Use the Service to monitor an identifiable individual, or for surveillance of any person
• Interfere with the operation of the Service or another user’s access to it
• Use the Service in breach of any applicable law, or in any way that would cause us to breach one

8. Operational use only

PortPilot is an operational record, prepared and maintained for operational purposes. It is not prepared to any evidentiary standard.

Accordingly, Data must not be used in, or to substantiate, any legal claim, arbitration, mediation, regulatory submission, formal dispute resolution process, or published allegation, without our prior written consent, which we may give or withhold at our discretion.

This restriction reflects what the Service is. AIS transmissions are self-reported and unverified, reception is not continuous, and derived records are interpretations produced by rules applied to imperfect observations — as set out in clause 4. Data that is sound for deciding what to do next is not thereby sound for proving what happened.

Where we do consent:

• We make no warranty as to the accuracy, completeness or admissibility of any Data so used
• We are not obliged to provide testimony, certification, expert evidence or attestation; any such assistance is by separate agreement, at our discretion, and at your cost
• To the maximum extent permitted by law, we have no liability arising from that use

Nothing in this clause prevents you from complying with a legal obligation to disclose information in your possession.

9. Customers who compete

The Service is provided to multiple organisations, some of which compete with each other. Nothing in these terms restricts us from providing the Service to any other party.

Observations of vessel movements at Port Hedland derive from public broadcasts and published documents. They are available to all customers alike, and we do not treat them as any customer’s confidential information.

Data you supply to us — schedules, commitments, configuration, saved views, uploaded material — is yours. It is stored separately, access is enforced per request at the database level, and it is not disclosed to any other customer. We will not use one customer’s supplied data to inform anything presented to another.

Where you supply data to us, you grant us a non-exclusive right to use it solely for the purpose for which you supplied it, and you warrant you have the right to do so.

10. Availability

The Service is provided on an “as available” basis. We do not currently offer a service level agreement and do not warrant uninterrupted or error-free operation.

Interruption may arise from maintenance, data rebuilds, equipment failure, radio conditions, third-party outages or causes beyond our control. During a rebuild, historical records may be temporarily incomplete; the Service indicates this where it can.

We may add to, change, or remove features at any time. We will not make changes that materially degrade the Service during a paid subscription period without notice.

11. Intellectual property

The Service, its software, design, derived records, analysis and compiled archive are owned by Industry Apps and protected by copyright and other rights.

Underlying source materials remain the property of their owners, including Pilbara Ports Authority, the Commonwealth of Australia (Bureau of Meteorology), and OpenStreetMap contributors. Their attributions appear where their material is displayed.

You acquire no rights in the Data or the Service other than the limited right of access granted above, which ends when your subscription ends.

12. Fees

Fees, where applicable, are as agreed in writing with your organisation. Fees are non-refundable except as required by law.

We may suspend access where fees remain unpaid after notice.

Free-tier access is provided at our discretion and may be modified or withdrawn at any time.

13. Confidentiality

Each party will keep the other’s confidential information confidential and use it only for the purposes of this agreement. This does not apply to information that is public through no breach, already lawfully held, independently developed, or required to be disclosed by law.

Our pricing and commercial terms are our confidential information.

14. Compliance and sanctions

You warrant that neither you, your affiliates, nor your users are, or are controlled by or acting for, a person subject to economic sanctions administered by Australia, the United Nations, the United States, the United Kingdom or the European Union; and that you will not use the Service in breach of any sanctions or export control law.

You will comply with all applicable anti-bribery, anti-corruption and modern slavery laws.

We may suspend or terminate immediately if we reasonably believe this clause has been breached.

15. Verification

Where we have reasonable grounds to believe these terms have been breached, we may request information about your use of the Service, and you will co-operate reasonably. We will give reasonable notice and will not disrupt your operations unreasonably.

16. Liability

Nothing in these terms excludes, restricts or modifies any right or guarantee under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for breach of such a guarantee can be limited, it is limited, at our option, to resupplying the Service or paying the cost of resupply.

Subject to that:

• We exclude all warranties, conditions and representations not expressly stated.
• We are not liable for indirect, consequential, special, punitive or economic loss, including loss of profit, revenue, cargo, freight, charter, demurrage, business, contract, opportunity, goodwill, data or anticipated savings.
• We are not liable for any loss arising from reliance on Data, including inaccuracy, incompleteness, delay, gaps in observation, or misinterpretation by our derivation rules.
• Our total aggregate liability is limited to the fees paid by you in the twelve months preceding the claim, or five hundred Australian dollars where no fees have been paid.

You accept sole responsibility for every operational and commercial decision made with reference to the Service.

17. Indemnity

You indemnify us against claims, losses, damages and costs (including legal costs) arising from your breach of these terms, your use or misuse of the Service, your redistribution of Data, or any third-party claim arising from your use.

18. Term and termination

Either party may terminate on notice. We may suspend or terminate immediately where we reasonably believe these terms have been breached, or where continued access presents a risk.

On termination:

• Your access ends, and your users must cease using the Service and Data
• You must delete Data from your systems, except where retention is required by law
• Data you supplied will be deleted or returned on request, subject to our legal obligations
• Our archive of publicly-sourced observations is unaffected — it is not your data and does not cease to exist
• Accrued rights, and clauses 3, 4, 7, 8, 11, 13, 16, 17, 18 and 20 survive

19. General

Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, excluding payment obligations.

Assignment. You may not assign without our written consent. We may assign to an affiliate or in connection with a sale of the business.

Notices. In writing, to the addresses on record, by email or post.

Severance. If any provision is unenforceable it is severed and the remainder continues.

Waiver. Failure to enforce is not a waiver.

Entire agreement. These terms, with any written agreement with your organisation, are the entire agreement and supersede prior discussions.

Changes. We may amend these terms. Material changes will be notified through the Service or by email. Continued use after notice constitutes acceptance.

20. Governing law

These terms are governed by the laws of Western Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them.

21. No affiliation

PortPilot is independent. It is not affiliated with, endorsed by, sponsored by, or acting on behalf of Pilbara Ports Authority, the Australian Hydrographic Office, the Bureau of Meteorology, or any port authority, terminal operator, towage provider or shipping company.

22. Contact

Industry Apps, 18 Edgar St, Port Hedland WA 6721
contact@industryapps.com.au