Effective Date:
Welcome to Ballast Analytic ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website ballastanalytics.com (the "Site") and our services. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
You must be at least 18 years of age to use the Site. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features of the Site, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You agree not to use the Site for any unlawful or prohibited purpose, or any activity that could harm us or others. Prohibited activities include, but are not limited to:
The content on the Site, including but not limited to data, text, graphics, logos, images, and software, is the property of Ballast Analytic, its licensors, or its funding providers, and is protected by applicable intellectual property laws. This includes content provided by entities such as the Department of Fisheries and Oceans (DFO), Bailey Lab and Transport Canada (TC). You agree not to copy, modify, distribute, sell, or lease any part of the Site or our services, except as expressly authorized by us.
By submitting ballast water forms via upload or email, you grant us the right to process, analyze, and use the information contained in the forms for the purposes of assessing regulatory compliance, environmental risks and providing our services. You represent and warrant that you have the right to submit such information and that the information is accurate and complete.
Global ballast water management aims to reduce the transport and introduction of non-indigenous species through practices such as ballast water exchange and ballast water treatment. International vessels are required to submit ballast water reporting forms prior to arrival at many ports around the world, declaring quantities, geographic sources, management undertaken, and expected discharge location. These data are essential for checking regulatory compliance, risk assessment and trend analysis.
The Ballast Water Information System (BWIS) was developed to support daily ballast water enforcement activities and scientific research in Canada. The BWIS increases accessibility of ballast water report data and streamlines data processing to support decision-making using an online platform. By using our Site, you acknowledge and agree that BWIS will process and manage your submitted data to enhance opportunities for data validation and verification and facilitate customized reports, such as mapping of exchange coordinates and ballast water discharge statistics.
The Site and our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Site.
To the fullest extent permitted by law, Ballast Analytic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party; (v) any errors or omissions in any content; and/or (vi) any other matters relating to the Site or our services.
The data provided on the Site, including historical records and user-submitted information, is subject to variability in quality. Some data may have been self-reported by ships without secondary verification, and automated processes have been employed to standardize this information. While these processes aim to enhance data consistency, they may sometimes introduce errors. By using the Site, you acknowledge and accept that the data may not always be accurate or complete, and you agree to use it at your own risk.
You agree to indemnify, defend, and hold harmless Ballast Analytic, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to its conflict of law principles. You hereby agree to submit to the exclusive jurisdiction of the provincial and federal courts located in Ontario, Canada, for the resolution of any claims or disputes arising out of or in connection with these Terms.
We may update these Terms from time to time in our sole discretion. We will notify you of any changes by posting the new Terms on the Site. You are advised to review these Terms periodically for any changes. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes.
If you have any questions about these Terms, please contact us at:
Email: ba@ballastanalytics.com