This Website under the domain name geolocarta.com, and its related services, products, websites, tools and applications (Website) is owned and operated by GEOLOCARTA TECHNOLOGIES, ACN 631 470 356, with an address at UNIT 2094, 123 Cavendish Road, Coorparoo, 4151, Queensland, AUSTRALIA (“Geolocarta”).
This Agreement is effective on 6 February, 2019 for current Customers, and upon acceptance for new Customers.
When you use the Software and this Website, or send e-mails to us, you are communicating with us electronically. You consent to
- Geolocarta is bound by the Privacy Act (1988) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012.
is a service that lets you sign into the Website. When creating an Account we will ask you to provide certain information, like your name and password, address, email address and telephone number. It may also contain billing information;
includes any plans, survey plans, documents, drawings, data, survey data, survey drawings, survey documents, text, pictures, graphics, calculations, measurements, assessments and reports;
means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
refers to any person that registers and creates an Account with Geolocarta to use the Software on the Website.
Our, us and we
refers to Geolocarta Technologies, ACN 631 470 356, with an address at UNIT 2094, 123 Cavendish Road, Coorparoo, 4151,Queensland, AUSTRALIA;
You and your
refers to a Customer.
3. YOUR OBLIGATIONS
- Your license permits you to use one copy of the Software per device on a worldwide basis for use by only one person at a time.
- You must keep your Account information and password confidential. You are responsible for all activity that occurs under your Account.
- No right is given to you to grant any sub-licenses without the express prior written permission of Geolocarta.
- You warrant at all times during your use of the Software and this Website that you comply with any necessary licenses, permits, certifications, or otherwise satisfy any applicable law, statute, ordinance or regulation that may affect or is relevant to the services performed, including but not limited to the Queensland Government Survey Plan End Customer License Agreement. If you do not hold or obtain the necessary licenses, permits, certifications or otherwise satisfy the applicable law, statute, ordinance or regulation in respect of the services provided, you must immediately provide written notice to us, cancel your account with Geolocarta and cease use of the Software and the Website.
- Your use of the Website including but not limited to any information you provide, must not:
9. Without limiting other remedies, and at our sole discretion, we may limit, suspend or terminate your Account, prohibit your access to the Website and/or the Software. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a long time.
6. YOUR ACCOUNT
- You agree to pay the charge associated with the Software at the price stated. We may suspend or cancel the Software and your access to this Website if we do not receive payment in full and on time.
- Unless otherwise provided by law, all purchases are final and non-refundable.
7. TERMINATION OF ACCOUNT
If your account for the Software is terminated for any reason, whether voluntarily or involuntarily:
- Your license to use the Software is terminated;
- You are no longer authorised to use the Software or access the Website;
- we believe that your actions may cause legal liability for you or us; or
- in our sole opinion, your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Software, the Website (or the operation thereof) or Geolocarta; or
- We suspect that you have engaged in fraudulent or deceptive activity in connection with our Software or this Website.
9. NO WARRANTY AND DISCLAIMERS
- THE SOFTWARE AND THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF OUR SOFTWARE, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, content loss or inaccuracies in our services. We do not guarantee continuous, uninterrupted or secure access to our Software or this Website, and operation of our Website may be interfered with by numerous factors outside our control.
- You understand that use of the Software is at your own risk. Geolocarta disclaims and will not be liable for loss arising out of (whether directly or indirectly) any action or decision by you in reliance on the information on or provided to you through the use of the Software or this Website, nor any interruption, delay or impairment in the functioning, operation or availability of the Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the Website, or malfunction in equipment or Software.
- Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. You must take reasonable precautions to safeguard the security of your Account and you must inform Geolocarta immediately of any breaches of security or unauthorised use of your Account.
2. Geolocarta shall not be liable for Loss.
3. The limitation and exclusion of liability in this clause 10 applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
- This Agreement is solely for your and our benefit. It isn’t for the benefit of any other person, except Geolocarta’s successors and assigns.
- Accessing information from this Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction, including but not limited to the Queensland Government Plan End Customer License Agreement.
- Geolocarta's failure to act with respect to a breach by you or others does not constitute a waiver of that breach or waive our right to act with respect to that breach or subsequent or similar breaches.