Website Terms of Use

1. About these Terms

These Website Terms of Use and Terms of Service (Terms) govern access to and use of websites, platforms, online scientific resources and other digital services operated by or on behalf of Shark Search Foundation Limited.

These may include, where available:

• the Shark Search website;
• the Shark Search Atlas;
• shark-identification interfaces;
• public shark sighting submission tools;
• photograph and video submission tools;
• scientific and educational resources;
• shark adoption pages;
• donation and fundraising pages;
• research information;
• Shark Aware and coastal-safety education;
• programme and event information; and
• other services operated by Shark Search.

Collectively, these are referred to in these Terms as the Services.

2. About Shark Search

The Services are operated by:

Shark Search is an Australian not-for-profit public company limited by guarantee.

Shark Search conducts and supports activities including shark research, scientific monitoring, individual identification, research databases, education, public engagement, citizen science, shark adoptions, fundraising and conservation-related activities.

Nothing on the Services should be interpreted as representing that Shark Search holds a particular regulatory, charity or tax endorsement unless Shark Search expressly and accurately states that status.

3. Acceptance of these Terms

By accessing or using the Services, you agree to comply with these Terms to the extent they are reasonably applicable to your use.

Where Shark Search presents these Terms, or a clear link to these Terms, in connection with a transaction, submission or other activity, your continuation of that activity may constitute acceptance of the applicable Terms.

Additional terms may apply to particular activities.

For example:

• shark adoptions are also subject to the Shark Adoption Terms;
• personal information is handled in accordance with the Privacy Policy;
• research collaborations may be governed by separate data agreements;
• youth programmes may be governed by programme and consent documentation; and
• specific fundraising campaigns may include campaign-specific conditions.

If you do not agree with terms that apply to a particular activity, you should not proceed with that activity.

4. Definitions

In these Terms:

Content means photographs, video, text, graphics, documents, data, scientific information and other material.

Public Submission means Content voluntarily submitted through a public Shark Search submission process rather than under a separate research collaboration or data agreement.

Research Collaborator Data means scientific data, photographs, video, records or other materials supplied by a researcher or collaborator under a research, collaboration or data arrangement.

Shark Search Content means Content owned by Shark Search Foundation Limited or licensed to Shark Search for relevant use.

Shark Search Atlas or Atlas means Shark Search's public-facing shark sighting, identification and scientific information resource, whether provided through the Shark Search website, a Shark Atlas domain or another authorised Shark Search interface.

you or your means a person or entity accessing or using the Services.

5. Eligibility and minors

Shark Search provides public scientific and educational information that may be accessed by people of different ages.

Shark Search does not impose a blanket requirement that every user must be at least 16 years old merely to view public website content.

However, particular activities may require:

• legal capacity to enter into a contract;
• parent or guardian involvement;
• parent or guardian consent;
• an adult purchaser;
• additional programme permissions; or
• other age-appropriate safeguards.

A child or teenager may receive a gifted shark adoption.

Participation in a structured Shark Search youth programme is subject to the applicable programme requirements and parent or guardian consent process.

6. Access without an account

Shark Search does not currently require a general user account or login for ordinary public access to the website, Atlas, shark submissions, donations or shark adoptions.

Shark Search may introduce accounts or authenticated functionality in the future.

If account functionality is introduced, additional account-security, credential and access conditions may apply.

7. Permitted use

You may access and use the Services for lawful purposes consistent with the nature of the relevant Service.

This may include:

• viewing public scientific and education information;
• viewing the Shark Search Atlas;
• submitting genuine shark sightings;
• submitting authorised shark photographs or videos;
• making a donation;
• purchasing a shark adoption;
• participating in authorised research or education activities;
• contacting Shark Search;
• using materials where Shark Search expressly permits that use; and
• other legitimate interaction with Shark Search.

Researchers, universities, professional organisations and other entities are not prohibited from accessing publicly available information merely because their activities have a professional or commercial context.

However, commercial exploitation, resale or systematic extraction of Shark Search Content requires permission where stated in these Terms or applicable law.

8. Prohibited conduct

You must not knowingly use the Services to:

• engage in unlawful activity;
• submit fraudulent or deliberately false information;
• impersonate another person or organisation;
• infringe another person's intellectual-property rights;
• infringe another person's privacy or confidentiality;
• upload malicious code or harmful software;
• interfere with the security or operation of the Services;
• obtain unauthorised access to systems or restricted data;
• circumvent technical access controls;
• probe systems for unauthorised purposes;
• submit material you are not authorised to provide;
• misrepresent Shark Search research findings;
• misrepresent yourself as acting for Shark Search;
• use Shark Search branding to imply an unauthorised partnership or endorsement;
• sell or redistribute Shark Search Content without permission;
• use automated systems to place an unreasonable load on the Services;
• systematically scrape or harvest non-public data;
• attempt to extract restricted research datasets;
• reverse engineer protected software except to the extent such restriction is prohibited by law; or
• use the Services in a way reasonably likely to damage Shark Search, another user, a research collaborator or the integrity of a scientific dataset.

9. Shark Search intellectual property

Unless otherwise indicated, Shark Search Foundation Limited owns or is authorised to use intellectual property in Shark Search Content.

This may include rights in:

• the Shark Search name and branding;
• logos;
• website text;
• original graphics;
• Shark Search-owned photographs;
• educational materials;
• original research graphics;
• original database structure and compilations where protected by law;
• website layouts;
• reports;
• downloadable materials; and
• other original Shark Search Content.

No transfer of ownership occurs merely because Shark Search makes Content publicly accessible.

Unless a broader licence is expressly provided, Shark Search Content may be viewed and used for ordinary personal, educational or informational purposes consistent with these Terms.

You must obtain Shark Search's prior written permission before using Shark Search Content for:

• commercial advertising;
• merchandise;
• resale;
• commercial republication;
• third-party fundraising;
• endorsement claims; or
• another use that implies an official Shark Search partnership.

10. Separately owned technology

Shark Search may use software, algorithms, artificial intelligence models, identification technology, databases or other technical infrastructure that is owned by another person and made available to Shark Search under licence, authorisation or another arrangement.

These Terms do not represent that Shark Search Foundation Limited owns intellectual property that is lawfully owned by another person.

The fact that separately owned technology is used through a Shark Search service does not itself transfer ownership of that technology to Shark Search.

Shark Search may nevertheless control scientific information or personal information collected through a Shark Search-operated activity where the relevant data arrangements provide for that control.

11. Public submissions and ownership

You retain ownership of copyright or other intellectual-property rights that you lawfully hold in a Public Submission.

Submitting Content to Shark Search does not transfer ownership of that Content to Shark Search.

Shark Search does, however, require sufficient permission to receive, retain, analyse and use Public Submissions for its scientific, educational and conservation activities.

12. Licence for public submissions

By voluntarily submitting a shark photograph, video, sighting record or other Public Submission to Shark Search, you grant Shark Search Foundation Limited a non-exclusive, worldwide, royalty-free licence to use that Public Submission for legitimate Shark Search purposes.

The licence includes permission to:

• receive the submission;
• store it;
• make technical copies;
• back it up;
• archive it;
• analyse it;
• process it;
• compare it with other records;
• identify species;
• identify individual sharks;
• create or maintain shark-identification records;
• create resighting histories;
• extract scientifically relevant features;
• create derived scientific records;
• use it in scientific analysis;
• use it for model training, testing and validation;
• use it to improve shark-identification methods;
• use it for scientific research;
• use it for conservation activities;
• use it for education;
• communicate relevant scientific findings;
• include selected material in research outputs;
• display selected material on the Shark Search website;
• display selected material through the Shark Search Atlas;
• display selected material through Shark Search social media;
• include selected material in educational communications; and
• preserve it as part of Shark Search's long-term scientific archive.

Shark Search may allow its service providers, authorised researchers or collaborators to process or access the Public Submission where reasonably necessary for those permitted purposes.

Any such permission does not permit an unrelated third party to acquire ownership of your Content merely because Shark Search uses that third party to support its activities.

12.1 Duration of scientific use

Because individual shark identification and resighting research can depend on long-term historical comparison, permission to retain, analyse, compare, archive and maintain a submitted shark photograph, video or scientific record is intended to continue for the duration of its legitimate scientific or archival value, subject to applicable law.

A request to remove personal information about the contributor does not automatically revoke Shark Search's ability to maintain the underlying scientific shark record.

Where appropriate, personal information relating to a contributor may instead be removed or de-identified in accordance with the Privacy Policy while the scientific submission remains in the research record.

13. Technical modifications and moral rights

Shark Search may need to make reasonable technical, scientific or presentation modifications to submitted Content.

This may include:

• resizing;
• cropping;
• format conversion;
• compression;
• masking;
• annotation;
• scientific overlays;
• feature marking;
• metadata extraction;
• quality adjustment;
• database formatting; and
• other reasonable processing necessary for permitted research or communication purposes.

To the extent permitted by law, you consent to Shark Search carrying out those reasonable acts where they are necessary for the uses authorised by these Terms.

Shark Search does not require you to waive moral rights generally.

Where attribution is reasonably practicable and scientifically appropriate, Shark Search may provide attribution. Attribution is not guaranteed for every database, model-training, technical or aggregated use.

14. Contributor warranties

When you make a Public Submission, you represent that, to the best of your knowledge:

• you are entitled to submit the material;
• you own the relevant rights or have permission from the rights holder;
• the submission is not knowingly fraudulent;
• the submission does not knowingly infringe another person's copyright;
• the submission does not knowingly breach confidentiality;
• the submission does not knowingly breach another person's privacy;
• you have not deliberately falsified the sighting information; and
• any information presented as factual is supplied honestly and in good faith.

You are not required to guarantee that your species identification, shark identification or scientific interpretation is correct.

Shark Search recognises that citizen-science and public observations may contain innocent mistakes or uncertainty.

15. Research collaborator data

These Public Submission provisions do not override a separate research, collaboration, confidentiality or data-sharing agreement.

Unless a separate written agreement states otherwise, researcher-contributed scientific data remains owned by the contributing researcher or lawful data owner.

Research Collaborator Data is not automatically:

• made public;
• licensed for unrestricted publication;
• transferred to Shark Search ownership;
• included in public Atlas records; or
• treated as an ordinary Public Submission.

Access, analysis, storage, publication, sharing, retention, confidentiality, attribution and derived-data arrangements for Research Collaborator Data are governed by the applicable agreement between the parties.

If there is an inconsistency between these Terms and an executed research or data agreement in relation to Research Collaborator Data, the specific research or data agreement prevails to the extent of the inconsistency.

16. Derived scientific records

Shark Search may generate scientific information from submitted or authorised source material.

This may include:

• individual shark identifiers;
• species classifications;
• resighting records;
• comparison results;
• image features;
• scientific annotations;
• model outputs;
• confidence information;
• aggregated analyses;
• research interpretations;
• database relationships; and
• other derived scientific information.

To the extent intellectual-property rights subsist in original Shark Search-created annotations, compilations, graphics, analyses, reports, database structures or other original outputs, those rights belong to Shark Search unless another agreement provides otherwise.

This clause does not transfer ownership of the underlying researcher-owned source dataset to Shark Search.

17. Automated and machine-assisted analysis

Shark Search may use machine-assisted, automated or artificial intelligence methods in connection with shark research and identification.

These methods may be used for:

• image analysis;
• species identification;
• individual shark matching;
• feature extraction;
• pattern comparison;
• candidate ranking;
• model development;
• model testing;
• model validation; and
• scientific data analysis.

Automated outputs may be reviewed, supplemented, corrected or rejected through human scientific review.

Automated analysis does not guarantee that a species classification or individual identification is correct.

18. Scientific uncertainty

Shark science involves uncertainty, incomplete observation and developing knowledge.

Information provided through the Services may be based on:

• limited observations;
• user-submitted information;
• historical records;
• incomplete datasets;
• variable image quality;
• machine-assisted analysis;
• human interpretation;
• environmental information;
• estimated locations;
• scientific assumptions; and
• research that may later be revised.

Shark Search may update or correct scientific information as additional evidence becomes available.

The fact that a record is later corrected does not by itself mean that Shark Search acted negligently or improperly when the earlier interpretation was made.

19. Species and individual shark identification

Species-identification and individual-identification results may include confidence information or other indicators of certainty.

Identification can be affected by factors including:

• image quality;
• angle;
• lighting;
• visibility;
• partial obstruction;
• animal orientation;
• changes in appearance;
• available comparison records;
• model performance; and
• human interpretation.

Identification systems can produce false positives and false negatives.

A preliminary, automated or machine-assisted identification should not be represented by a user as a definitive scientific determination unless Shark Search has expressly confirmed it as such.

Shark Search may revise:

• a species identification;
• an individual identification;
• a shark ID;
• a database record;
• a resighting relationship; or
• another scientific classification

where reasonable scientific review supports that correction.

20. Shark Search Atlas

The Shark Search Atlas is provided for scientific, research, conservation, education and public-information purposes.

Atlas information may be:

• historical;
• delayed;
• incomplete;
• based on public submissions;
• based on research observations;
• subject to verification;
• subject to scientific correction;
• affected by reporting delays; or
• affected by gaps in observation effort.

The presence of a shark record on the Atlas does not guarantee that the shark remains at that location.

The absence of a shark record does not mean that sharks are absent from the area.

The Atlas does not continuously monitor all sharks, beaches or coastal waters.

21. Location and sighting information

Shark sightings may include exact or approximate geographic information.

Exact GPS coordinates supplied for a public sighting may be displayed publicly through the Atlas for a period of approximately 30 days.

The sighting date may also be publicly displayed.

After the relevant public display period, exact location information may continue to be maintained internally for scientific purposes.

Shark Search may restrict, generalise, delay, remove or correct location information where reasonably necessary for:

• scientific reasons;
• legal reasons;
• conservation reasons;
• data-quality reasons;
• contractual obligations;
• security or safety considerations; or
• research collaboration requirements.

22. Shark Aware and coastal-safety information

Shark Search may publish shark-awareness, coastal-safety or ocean-safety educational information.

This information is general educational material.

It cannot:

• determine whether a shark is currently present;
• guarantee that an area is safe;
• guarantee that an area is unsafe;
• eliminate shark-related risk;
• eliminate other coastal or ocean risks; or
• guarantee personal safety.

Shark Search coastal-safety information does not replace:

• emergency services;
• government warnings;
• government shark-warning systems;
• beach closures;
• lifesavers;
• lifeguards;
• local authorities;
• official weather information;
• marine warnings; or
• site-specific safety instructions.

Shark Search information should not be used as the sole basis for deciding whether to enter the ocean or another coastal environment.

23. No professional advice

Unless expressly stated otherwise, information provided through the Services is general scientific, conservation or educational information.

It is not intended to constitute:

• legal advice;
• medical advice;
• emergency advice;
• professional risk assessment;
• navigation advice;
• diving instruction;
• maritime safety advice;
• personal safety advice; or
• a substitute for advice from a competent authority or appropriately qualified professional.

24. Emergency situations

Shark Search is not an emergency-response service.

The website, Atlas, contact forms and shark-submission tools should not be used to request urgent emergency assistance.

In an emergency, users should contact the appropriate emergency service, lifesaving authority, lifeguard, police, maritime authority or other relevant official service.

25. Donations

Shark Search may accept one-off and recurring donations.

The stated purpose of a donation campaign is important.

Unless another campaign expressly states otherwise, Shark Search's ordinary general donation programme is intended to support Shark Search's education activities.

Shark Search may separately conduct fundraising campaigns for specific purposes including research, conservation, education or another stated organisational activity.

Where a campaign is expressly presented as supporting a particular purpose, Shark Search will administer those funds consistently with the representations made for that campaign and applicable law.

A donor may be given the option to voluntarily contribute an additional amount towards transaction-processing costs.

A genuine duplicate or mistaken donation may be considered for refund following reasonable verification.

Nothing in these Terms limits any refund or remedy required by applicable law.

26. Recurring donations

Where Shark Search offers recurring donations, the donor may cancel the recurring arrangement at any time before the next scheduled payment is processed.

Cancellation stops future scheduled donations but does not ordinarily reverse a payment that has already been validly processed.

Shark Search may provide cancellation through Stripe, another payment interface or direct assistance from Shark Search.

If a recurring payment is processed in error after a valid cancellation should have taken effect, Shark Search will investigate and provide any remedy required by law or otherwise appropriate in the circumstances.

27. Shark adoptions

Shark adoption purchases are governed principally by the separate Shark Adoption Terms.

For clarity, an adoption does not transfer:

• legal ownership of a shark;
• possession;
• custody;
• control;
• management rights;
• exclusive proprietary rights in a wild animal; or
• ownership of Shark Search scientific data.

Shark adoptions are one-time payments and do not currently automatically renew.

Adoption payments support Shark Search's broader shark research and conservation work rather than being restricted solely to work involving the particular adopted shark.

An adoption does not guarantee:

• that the shark will be resighted;
• future photographs;
• future location records;
• tracking data;
• a particular number of updates;
• continued observation;
• the animal's survival;
• the animal's health;
• exclusivity of adoption; or
• that the scientific record will never be corrected.

Future updates are provided when Shark Search receives new verified information relating to the adopted individual.

No fixed update schedule is guaranteed.

If there is an inconsistency between this clause and the Shark Adoption Terms in relation to an adoption, the Shark Adoption Terms prevail.

28. Payments and Stripe

Shark Search currently uses Stripe to process online donations and shark adoption payments.

Full payment card information is processed by Stripe and is not stored by Shark Search.

Shark Search may receive limited transaction information such as:

• payer name;
• email address;
• billing country;
• transaction identifier;
• payment status;
• amount paid; and
• the final four digits of the payment card.

Payments may also be subject to Stripe's own terms and privacy arrangements.

Shark Search is not responsible for a failure originating exclusively within an independent payment provider where Shark Search could not reasonably have prevented the failure, but this clause does not exclude any responsibility Shark Search has under applicable law.

29. Tax deductibility

Shark Search Foundation Limited does not currently represent that donations or shark adoption payments are tax deductible.

A receipt, payment confirmation or description of a payment as a donation does not itself establish that the payment is deductible for taxation purposes.

If Shark Search's tax endorsement status changes, Shark Search may update relevant fundraising information and these Terms.

A person requiring taxation advice should obtain advice appropriate to their circumstances.

30. Third-party services

Shark Search uses third-party service providers in operating its activities.

These may include services for:

• website hosting;
• cloud infrastructure;
• payments;
• email;
• analytics;
• mapping;
• collaborative file storage;
• technical infrastructure; and
• other operational functions.

Current providers may include Squarespace, DigitalOcean, Google and Stripe.

Shark Search does not control every aspect of an independent third-party provider's infrastructure or operation.

Nothing in these Terms attempts to exclude any responsibility that Shark Search cannot lawfully exclude for providers engaged to perform functions on Shark Search's behalf.

31. External links

The Services may contain links to websites or resources operated by universities, governments, researchers, conservation organisations, media organisations, social platforms or other third parties.

A link does not necessarily constitute:

• endorsement;
• partnership;
• sponsorship;
• control;
• ownership; or
• acceptance of legal responsibility for the third-party service.

Independent third-party websites are governed by their own terms and policies.

32. Service availability

Shark Search aims to maintain useful and reliable Services but does not guarantee continuous or uninterrupted availability.

Services may become temporarily unavailable because of:

• maintenance;
• software updates;
• security incidents;
• hosting failures;
• internet outages;
• provider failures;
• database maintenance;
• research-system changes;
• cybersecurity precautions;
• events outside Shark Search's reasonable control; or
• other legitimate operational reasons.

Shark Search may restore or modify affected Services as reasonably appropriate.

33. Changes to Services

Shark Search may develop, modify, replace, suspend or discontinue features of the Services where reasonably necessary.

Reasons may include:

• scientific development;
• research requirements;
• security;
• legal compliance;
• technical changes;
• provider changes;
• funding or resource constraints;
• data-quality requirements;
• improvement of the Services; or
• discontinuation of an obsolete feature.

Shark Search will not rely on this clause to remove or materially alter a benefit already purchased by a consumer where doing so would breach applicable law or the specific terms of that transaction.

34. Security and misuse

You must not knowingly attempt to undermine the security, integrity or availability of Shark Search systems.

Shark Search may use reasonable technical and administrative measures to:

• detect misuse;
• prevent unauthorised access;
• protect research data;
• protect personal information;
• protect intellectual property;
• investigate suspicious activity; and
• maintain service integrity.

No internet-based service can guarantee absolute security.

35. Suspension and termination

Shark Search may restrict or suspend a person's access to a particular Service where reasonably necessary because:

• the person materially breaches these Terms;
• the person attempts unauthorised system access;
• the person engages in fraudulent activity;
• the person's conduct creates a material cybersecurity risk;
• the person's conduct threatens restricted research information;
• the person repeatedly abuses submission or communication systems;
• continued access would expose Shark Search or another person to material legal risk;
• Shark Search is legally required to restrict access; or
• another substantial and legitimate operational reason requires restriction.

Where appropriate and reasonably practicable, Shark Search may provide notice or an opportunity to remedy the issue before permanent restriction.

Immediate restriction may be appropriate where necessary to address an urgent security, safety, fraud or legal risk.

Shark Search will not use this clause to remove non-excludable consumer rights or remedies.

36. Copyright and intellectual-property complaints

Shark Search respects the intellectual-property rights of researchers, photographers, collaborators and members of the public.

If you believe material available through a Shark Search Service infringes rights you own or are authorised to enforce, contact Shark Search at:

Please provide sufficient information to identify:

• the material concerned;
• where it appears;
• the right you claim;
• your relationship to the rights holder; and
• how Shark Search can contact you.

Shark Search may temporarily restrict access to disputed material while a credible complaint is investigated.

Shark Search may seek further evidence before removing or restoring material.

37. Privacy

Shark Search handles personal information in accordance with the Shark Search Foundation Limited Privacy Policy and applicable law.

The Privacy Policy explains matters including:

• information collection;
• public shark submissions;
• Atlas location information;
• research records;
• adoption information;
• donation information;
• youth programme information;
• cookies and analytics;
• service providers;
• information security;
• retention;
• access;
• correction;
• deletion and de-identification; and
• privacy complaints.

The Privacy Policy describes Shark Search's information-handling practices and should not be interpreted as excluding rights or obligations imposed by applicable privacy law.

38. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified.

This includes rights that may arise under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Where Shark Search supplies goods or services to a consumer and a statutory consumer guarantee applies, the consumer retains the remedies available under applicable law.

Statements in these Terms concerning refunds, service availability, scientific uncertainty, warranties or liability must be read subject to those mandatory rights.

Shark Search does not rely on a contractual disclaimer to make a misleading representation about the characteristics, benefits, performance or availability of a service.

39. Disclaimers

Subject to clause 38 and to the maximum extent permitted by law, Shark Search does not guarantee that:

• the Services will always be available;
• all scientific information will be complete;
• all scientific information will remain unchanged;
• all user-submitted information will be accurate;
• every shark sighting will be independently verified;
• every species identification will be correct;
• every individual shark match will be correct;
• all sharks in an area will have been observed;
• the Atlas reflects present conditions;
• a shark displayed on the Atlas remains at the displayed location;
• the absence of a record establishes the absence of sharks;
• an adopted shark will be resighted;
• future research will confirm an existing interpretation; or
• third-party services will always remain available.

These qualifications reflect the nature of scientific observation, research, wildlife movement and internet-based services.

They do not exclude any guarantee or obligation that applicable law does not permit Shark Search to exclude.

40. Limitation of liability

Nothing in this clause limits liability to the extent that such liability cannot lawfully be limited.

Subject to that qualification, Shark Search is not responsible for loss to the extent that the loss results from:

• a user's unlawful conduct;
• a user's breach of these Terms;
• information knowingly falsified by a user;
• unauthorised use of another person's Content;
• a person's reliance on the Atlas as a real-time safety system;
• a person's reliance on general Shark Aware information as a substitute for official safety advice;
• use of scientific information outside the purpose for which it was provided;
• events or conditions Shark Search could not reasonably control;
• independent third-party conduct outside Shark Search's reasonable control; or
• a failure by a user to follow an applicable warning or official direction.

To the maximum extent permitted by law, Shark Search will not be liable for indirect or consequential loss that was not reasonably foreseeable as a result of Shark Search's conduct.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or another liability that applicable law prevents Shark Search from excluding.

Where applicable law permits Shark Search to limit a remedy for a service but does not permit complete exclusion, any limitation will operate only to the extent permitted by that law.

41. Indemnity

To the extent permitted by law, you are responsible for loss reasonably suffered by Shark Search as a direct result of:

• your deliberate unlawful use of the Services;
• your material breach of these Terms;
• your knowing infringement of another person's intellectual-property rights;
• your knowing unauthorised disclosure of confidential research information;
• your fraudulent submission; or
• your deliberate attempt to compromise Shark Search systems.

This obligation does not apply to the extent that the relevant loss was caused or contributed to by:

• Shark Search's own breach;
• Shark Search's negligence;
• Shark Search's unlawful conduct; or
• a matter for which liability cannot lawfully be transferred to you.

This clause is intended to allocate responsibility for a user's own wrongful conduct and is not intended to operate as an unlimited or punitive indemnity.

42. Changes to these Terms

Shark Search may update these Terms where reasonably necessary to reflect:

• changes in law;
• changes in Shark Search's activities;
• new Services;
• changes to existing Services;
• security requirements;
• technology changes;
• changes to third-party providers;
• scientific developments;
• organisational changes; or
• improvements to these Terms.

The current version will be published with an updated date.

A material change will not retrospectively remove a right already accrued under a completed consumer transaction where doing so would be unlawful or unfair.

Where a material change affects an ongoing paid arrangement, Shark Search will provide notice where reasonably appropriate and required by law.

43. Electronic communications

Shark Search may communicate electronically in connection with:

• website enquiries;
• shark submissions;
• research activities;
• donations;
• recurring donations;
• shark adoptions;
• programme participation;
• privacy requests;
• support requests; and
• other Shark Search activities.

Electronic records, confirmations and communications may be used where permitted by applicable law.

You are responsible for providing an accurate email address where an email address is required for delivery of a requested service or communication.

44. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

Subject to any mandatory right that a person has under applicable law, the courts of New South Wales and courts hearing appeals from those courts have jurisdiction in relation to disputes arising from these Terms or the Services.

Nothing in this clause deprives a consumer of a mandatory protection, remedy or forum that applicable law does not permit the parties to exclude.

45. Severability

If a provision of these Terms is found to be invalid, unlawful or unenforceable, that provision is to be interpreted or limited to the minimum extent necessary to make it valid and enforceable where possible.

If that is not possible, the affected provision may be severed.

The remaining provisions continue to operate to the extent permitted by law.

46. Waiver

A failure or delay by Shark Search to exercise a contractual right does not automatically waive that right.

A waiver is effective only in relation to the particular matter for which it is given.

47. Assignment

You may not transfer contractual rights arising from a particular paid Service where the nature of that Service is personal to you, except where Shark Search agrees or applicable law permits the transfer.

Shark Search may transfer its rights or obligations as part of a lawful organisational restructure, succession or transfer of an activity, provided that:

• the transfer is legally permitted;
• it does not remove non-excludable consumer rights; and
• it does not materially reduce an existing paid consumer entitlement without lawful basis.

48. No partnership or agency

Access to or use of the Services does not create a partnership, joint venture, employment relationship, fiduciary relationship or agency relationship between you and Shark Search.

A public contributor, donor, adopter or website user is not authorised to represent that they act on behalf of Shark Search merely because of that relationship.

Research collaborators, sponsors or institutional partners may have separate agreements defining their relationship with Shark Search.

49. Entire agreement and priority of specific terms

These Terms govern general access to and use of the Services.

They do not replace a more specific written agreement governing a particular relationship.

Where relevant, these Terms should be read together with:

• the Shark Search Privacy Policy;
• the Shark Adoption Terms;
• specific donation campaign conditions;
• research agreements;
• data-sharing agreements;
• confidentiality agreements;
• youth programme documentation;
• participant consent forms; and
• other specific written agreements entered into with Shark Search.

If a specific written agreement expressly governs a matter and is inconsistent with these general Terms, the specific agreement prevails in relation to that matter to the extent of the inconsistency.

The Privacy Policy primarily describes Shark Search's information handling and is not intended to convert every descriptive privacy statement into a separate contractual warranty beyond rights arising under applicable law.

50. Contact

For questions, legal notices, copyright concerns, website issues, donation enquiries, adoption enquiries or questions about these Terms, contact: