Terms of Service - OffshoreSMS

Please take the time to read the following terms and conditions relating to the purchase and use of annual software subscriptions for any OffshoreSMS plans and services. By purchasing any annual subscription plans either via the website or the mobile application, you are agreeing to these terms of use.

If you purchase any online subscriptions or services through OffshoreSMS, additional terms and conditions may apply. Please make sure you agree with those terms prior to completing your purchase. Our Privacy Policy is available separately.

Definitions

Products and Services means the cloud-based Safety Management System tools, web dashboard, and mobile applications developed by OffshoreSMS.

The Platform means the web dashboard located at dash.offshoresms.com.au, the marketing website at offshoresms.com.au, and the OffshoreSMS mobile application on iOS and Android.

We / Us / Our means Offshore SMS Pty Ltd and any holding companies, affiliates, employees, officers, agents or assigns.

Subscriber / You means any individual or entity that purchases or uses an OffshoreSMS subscription.

Scope of Terms

These Terms and Conditions ("Terms") apply to the purchase and use of annual software subscriptions offered by OffshoreSMS via its web dashboard and mobile applications ("Software Services").

Acceptance of Terms

By purchasing and/or using our Software Services, you agree to these Terms. If you do not agree to these Terms, you are not authorised to use our Software Services.

Subscription Period

All Software Services are subscribed to for a fixed period of twelve (12) months from the date of purchase ("Subscription Period").

Renewal

Unless cancelled by the subscriber, the Software Services will automatically renew for successive 12-month periods. Notification of upcoming renewals will be sent to the subscriber's registered email address at least fourteen (14) days before the renewal date.

Payment

All subscription fees are payable in advance and are due upon initial purchase and at the beginning of each renewal period. Prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable.

No Refunds

All sales are final. No refunds will be provided for any reason, including but not limited to dissatisfaction with the Software Services or early termination of the Subscription Period.

Cancellation

Subscribers may cancel their subscription at any time by notifying OffshoreSMS by email at [email protected]. Cancellation will take effect at the end of the current Subscription Period, and the Software Services will not renew thereafter. No prorated refunds will be given for unused portions of the Subscription Period.

User-Generated Content and Data Ownership

You retain full ownership of all content, data, and materials you create or upload to the platform, including but not limited to vessel profiles, SMS content, log entries, crew records, documents, and images.

By using the platform, you grant OffshoreSMS a limited, non-exclusive licence to host, store, display, and process your content solely for the purpose of providing the Software Services to you. This licence terminates when your account is closed.

Upon cancellation or termination of your account, you may request a copy of your data by contacting our team. We will provide your data in a reasonable timeframe, subject to any technical or format limitations.

Account Termination

Upon cancellation or termination of your subscription, your access to the Software Services will cease at the end of the current Subscription Period. Your data will be retained for a reasonable period (typically 90 days) after which it may be deleted or anonymised unless you request a copy.

We reserve the right to suspend or terminate your account immediately if you breach these Terms, use the platform for unlawful purposes, or engage in conduct that is harmful to other users or to the integrity of the platform.

Acceptable Use

You agree that you will:

Use the platform in accordance with all applicable Australian laws, rules, and regulations
Not use the platform for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene
Not attempt to gain unauthorised access to any part of the platform, other user accounts, or systems connected to the platform
Not interfere with or disrupt the platform or servers or networks connected to the platform
Not use the platform to transmit any viruses, malware, or other harmful code

Service Availability

While OffshoreSMS strives to provide uninterrupted service, we do not guarantee that our Software Services will always be available or be uninterrupted. Maintenance, updates, or other factors may result in brief service interruptions, which subscribers acknowledge and accept.

Modifications to Service

OffshoreSMS reserves the right to modify or discontinue the Software Services, in whole or in part, at our sole discretion. If the Software Services are permanently discontinued, subscribers will be provided notice and may be entitled to a prorated refund for any unused portion of the Subscription Period if an alternative software solution is not provided in substitution.

Force Majeure

OffshoreSMS shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, or other events of force majeure.

Data and Privacy

By using our Software Services, subscribers agree to our data and privacy practices as outlined in our Privacy Policy, which is incorporated into these Terms by reference.

Limitation of Liability

In no event shall OffshoreSMS, its affiliates, or its licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the Software Services.

To the maximum extent permitted by law, our total aggregate liability for any claims arising out of or relating to these Terms or the Software Services shall not exceed the total amount paid by you to OffshoreSMS in the twelve (12) months preceding the claim.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, both parties agree to first attempt to resolve the dispute informally by contacting each other in writing. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue formal legal proceedings.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, including applicable consumer protection legislation. Any disputes concerning these Terms are to be resolved by the courts having jurisdiction in Australia.

Amendments

OffshoreSMS may update or modify these Terms from time to time. We will provide notice of any material changes by posting the updated Terms on our website or through other reasonable means. Continued use of the Software Services after changes are made means that you agree to be bound by the updated Terms.

Contact

For any queries or concerns related to these Terms or our Software Services, please contact us at [email protected] or visit our contact page.

By purchasing a subscription, you acknowledge that you have read, understood, and agree to these Terms.

Last updated: July 2026