PORT OF FREMANTLE INFORMATION

Terms and conditions

In order to obtain Traveller Information Exchange (TIX) content for the Port of Fremantle through the live web API, you will need to enter your name, organisation and a valid email address and accept the following terms and conditions for use of the TIX content. 

Background

TIX provides an exchange for information sourced from various information providers, which can deliver public benefits and deliver value to consumers. 


User acknowledgements 

Please note that TCA does not carry out any quality-assurance review or “certification” of the information that is available through TIX.  TIX serves as a “conduit” through which information from various sources, some “open-source”, can be accessed by users.  TCA is not a producer of information contained in TIX.  TCA accepts no liability for the accuracy, completeness, availability or timeliness of information accessed through TIX.  Use of all information accessed through TIX is strictly at the risk of the user - see below.

Where TIX users publish or make TIX content available to other parties through any means, the TIX user shall accept responsibility for informing downstream data users of the general nature of the TIX content, and that use of this content is at their own risk.

Attribution

TIX users agree to provide reasonable attribution to TCA for the administration of TIX in guidance material, advertising and related materials. Where appropriate, reasonable attribution will also be provided to the original content providers.

Creative Commons Content

Some Content made available through TIX is subject to the Creative Commons Licence Attribution 4.0 International Public. To the extent that that is the case, this will be shown within the relevant Content. The user of TIX agrees to receive such Content, and to make TIX content available to other parties, only pursuant to the provisions of the Creative Commons Licence Attribution 4.0 International Public. The full terms of that Licence can be viewed here.

Port of Fremantle content

Port of Fremantle Content is for Guidance Only

As user, you acknowledge that the Port of Fremantle Content (“Content”) is provided to TCA by Fremantle Port Authority (FPA), and by TCA to you, in good faith, but to be used a general guide only, without liability on the part of either TCA or FPA for the accuracy, completeness or overall integrity of the Content. You acknowledge and accept that actual traffic conditions in the Port of Fremantle may change unexpectedly and may differ materially from those provided/ described in the Content as a result of circumstances including but not limited to changes in weather conditions, traffic incidents and delays in the reporting of traffic conditions. You further acknowledge that the Content is not collected on a regular or set basis, being collected from time to time.

Use of Content is At Your Own Risk

As user, you acknowledge and understand that your use, reliance or publication of the Content is entirely at your own risk, as the Content is available from time to time.

No Representation or Warranty

As user, you acknowledge and agree that neither FPA nor TCA represent or warrant the accuracy, completeness, merchantability, fitness for purpose or usefulness of the Content for use or consideration by you, or by any other person or entity receiving the Content through you (“third party”). In addition, neither TCA nor FPA accept any liability arising out of reliance by you (or by any third party) on the Content, for any errors or omissions in the Content. In particular, neither TCA nor FPA represent or warrant to you that the Content will meet your requirements, be uninterrupted, timely, secure or error-free, or be accurate or reliable.

No Liability

As user, you acknowledge that in no event will TCA or FPA or their officers and agents be liable to you (or to any third party) for any damage, loss, cost, expense, injury or other liability that arises out of or in connection with the use of the Content, including without limitation any indirect, special, incidental, punitive or consequential loss, liability or damage of any kind.

Indemnity

As user, you covenant and agree with TCA and with FPA that you assume sole and entire responsibility for, and indemnify and save harmless them and their officers and agents from, any and all claims, liabilities, losses, expenses, responsibility and damages by reason of any claim, proceedings, action, liability or injury arising out use of the Content by you (or by any third party) or because of any breach of this agreement by you.

Release

As user, you agree that neither TCA nor FPA will, under any circumstances whatsoever, be liable to you (or to any third party) for any claim for special, incidental, exemplary or consequential loss or damage or for any loss of profit or loss of use caused by or arising from any act or omission of TCA or of FPA under this agreement in connection with the use by you (or any third party) of the Content, whether such claim is based in contract, warranty, tort, strict liability, indemnity or otherwise and whether or not such loss or damage was within the contemplation of the parties at the time of entering into this agreement.  This clause is not intended to and should not be construed as in any way limiting the operations of any other provision in this agreement which excludes or limits the liability of TCA or FPA or which releases TCA or FPA from liability in accordance with its terms but is instead intended to supplement those provisions.  

 I accept the terms and conditions above for use of the TIX content.

 

 

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