Terms of Use

This Website under the domain name geolocarta.com, and its related services, products, websites, tools and applications (Website) is owned and operated by GEOLOCARTA, ACN 155 537 689, with an address at Level 54, 111 Eagle Street, 4000, Queensland, AUSTRALIA (“Geolocarta”).

This is an Agreement between you and Geolocarta that describes your rights to use the Software identified in Clause 1 below. You must read this Agreement, Privacy Policy and all other Policies (as defined below and collectively referred to as the Terms of Use) before using the Software, this Website, creating an Account and/or becoming Customer. By using the Software, this Website and/or creating an Account and/or becoming a Customer you agree to the Terms of Use.

This Agreement is effective on 1 July, 2015 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 receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All terms and conditions that govern your use of the Software and this Website (including disclaimers) may be amended by Geolocarta from time to time by posting those amendments on the Website. Those amendments apply to your next usage of the Software and/or this Website. You are responsible for ensuring that you regularly review the Website and these Terms of Use. Your continued use of the Website after any such changes are made will be deemed to constitute your acceptance of those changes.

If you object to any of the Terms of Use or any subsequent changes to them, or become dissatisfied with our services in any way, your only remedy is to immediately close your account and/or stop using our services. A link to this Terms of Use is published on the Home page of the Website.

1. TERMINOLOGY

In these Terms of Use unless the context otherwise requires:

Account
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;
Content
includes any plans, survey plans, documents, drawings, data, survey data, survey drawings, survey documents, text, pictures, graphics, calculations, measurements, assessments and reports;
Loss
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); 
Customer
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, ACN 155 537 689, with an address at Level 54, 111 Eagle Street, 4000, Queensland, AUSTRALIA;
Software
refers to any the surveying software provided by us to you pursuant to these Terms of Use and includes provision of this Website;
Policy
refers to any policy of Geolocarta in place from time to time including but not limited to the Privacy Policy. 
You and your
refers to a Customer.

2. PRIVACY

We are committed to adhering to the Privacy Act (1988) (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012. All information that we process on this Website or through email or telephone will be managed and used in accordance with our Privacy Policy.

3. YOUR OBLIGATIONS

  1. You must use the Software and this Website in accordance with these Terms of Use and our Policies. You must also ensure that you comply with all clauses of these Terms of Use and all Policies and all terms and policies included by reference in those documents.
  2. Subject to your compliance with these Terms of Use and Policies, Geolocarta grants you a limited, non-exclusive, non-transferable, license to access and make use of the Software via this Website. All rights not expressly granted to you in these Terms of Use are reserved and retained by Geolocarta.
  3. 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.
  4. You must keep your Account information and password confidential. You are responsible for all activity that occurs under your Account.
  5. No right is given to you to grant any sub-licenses without the express prior written permission of Geolocarta.
  6. You must provide Geolocarta with complete, up to date and accurate information as requested and it is your responsibility to inform Geolocarta of any changes to that information. All personal information you provide to Geolocarta will be treated in accordance with the Privacy Policy.
  7. You warrant at all times during your use of the Software and this Website that you comply with any necessary licenses, permits, certifications, or other 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.
  8. Your use of the Website including but not limited to any information you provide, must not:

    1. be illegal;
    2. false, inaccurate or misleading, fraudulent or deceptive;
    3. violate any applicable law, statute, ordinance or regulation;
    4. contain any viruses, trojan horses, worms, spiders, robots, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Software or this Website;
    5. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
    6. infringe upon the rights of others or violate the privacy of others;
    7. be harmful to the Software or Website or damage the credibility or integrity of the Software, Website or Geolocarta; or
    8. Breach or violate any Policy.
  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.

4. WEBSITE INFORMATION

  1. The Content published on the Website is provided for information purposes only and is not intended as technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification.
  2. We may release new software or may need to change or update our Software. We reserve the right to modify, update, change or discontinue the Software and/or the Website at any time and in our sole discretion.
  3. We are and you confirm and acknowledge that Geolocarta is not a party to any transaction arising or entered into between the Customer and its client.
  4. Geolocarta does not review or otherwise confirm the Content it receives from third parties.
  5. You release and hold harmless Geolocarta (and its officers, directors, agents, related entities, related bodies corporate, employees and contractors) from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with data provided by third parties.
  6. Because Geolocarta is solely a platform to provide Content in an easy to manage electronic format, Geolocarta is not responsible for any errors or omissions, or for the results obtained from the use of information contained in or linked to this Website. In no event will Geolocarta or its related entities, related bodies corporate, directors, agents, employees, consultants or contractors be liable to you or anyone else for any decision made or action taken or omission in reliance on the information in this or linked to the Software or this Website or for any consequential, special or similar damages or other Loss, even if advised of the possibility of such damages.
  7. Certain links in the Website may connect to other websites maintained by third parties over whom Geolocarta has no control. Geolocarta makes no representations as to the accuracy or any other aspect of information contained in other websites.

5. INTELLECTUAL PROPERTY

  1. All Content provided by Geolocarta including but not limited to the Software, trade names, brand names, trade symbols, logos, slogans, trademarks, domain names, company names, service marks, images, articles, data and video, patents, code, databases (whether registered or not) (Geolocarta Intellectual Property) is protected by trademark, patent and copyright and other proprietary rights and remains the property of Geolocarta.
  2. You may not, and you will not encourage, assist or authorize any other person to:

    1. copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Geolocarta Intellectual Property, whether in whole or in part, or create any derivative works from or of the Geolocarta Intellectual Property;
    2. circumvent or bypass any technological protection measures relating to the Software;
    3. Publish, copy, rent, lease or lend the Geolocarta Intellectual Property;
    4. Transfer the Software or any rights to access or use the Software; or
    5. Use the Software in any unauthorized way that could interfere with anyone else’s use of the Software.

6. YOUR ACCOUNT

  1. 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.
  2. 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:

  1. Your license to use the Software is terminated;
  2. You are no longer authorised to use the Software or access the Website;
  3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms of Use; and
  4. All disclaimers by Geolocarta and limitations of Geolocarta's liability set out in the Terms of Use or elsewhere on the Website will survive.

8. BREACH

Without limiting other remedies available to Geolocarta at law, in equity or under these Terms of Use or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Account and/or prevent you access to the Software and this Website if:

  1. you breach these Terms of Use or any Policy or the terms and policies those documents incorporate by reference; or
  2. we believe that your actions may cause legal liability for you or us; or
  3. 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
  4. We suspect that you have engaged in fraudulent or deceptive activity in connection with our Software or this Website.

9. NO WARRANTY AND DISCLAIMERS

  1. 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.
  2. 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.
  3. 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.
  4. You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Geolocarta except to the extent expressly set out in these Terms of Use.
  5. 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 your Account.

10. LIABILITY

  1. To the extent that Geolocarta and its related entities, related bodies corporate and suppliers are able to limit the remedies available under these Terms of Use, Geolocarta and its related entities, related bodies corporate and suppliers expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation or law to the following remedies (the choice of which is to be at Geolocarta’s sole discretion):

    1. the supply of the Software again; or
    2. Amount of fees you pay to us in the 3 months prior to the action giving rise to the liability the payment.
  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.

11. INDEMNITY

You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, including but not limited to any infringement of a third party’s intellectual property rights, whether known or unknown, including reasonable solicitors’ fees and claims made by third parties, due to or arising out of your breach of these Terms of Use or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party.

12. MISCELLANEOUS

  1. 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.
  2. 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.
  3. The law applicable to these Terms of Use is governed by the law in force in the state of Queensland, Australia. All Customers irrevocably submit to the non-exclusive jurisdiction of the courts of Brisbane, Queensland, Australia.
  4. The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
  5. You agree that these Terms of Use and all incorporated agreements may be assigned by Geolocarta, in our sole discretion, to related entities or third parties. You may not assign these Terms of Use without Geolocarta’s express prior written consent. Your Account may not be transferred or sold to a third party.
  6. 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. 
  7. You agree that these Terms of Use may not be construed adversely against us solely because we prepared them.
  8. These Terms of Use and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof. 
  9. Nothing in these Terms of Use or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
  10. Clauses 5, 7, 9, 10 and 11 shall survive any termination or expiration of these Terms of Use. 
  11. Should a dispute arise in connection with these Terms of Use or with your use of the Software or this Website which cannot be resolved by good faith negotiations between us and you, Geolocarta may at its sole discretion refer the dispute to mediation or to arbitration. At all times we reserve the right to instigate legal proceedings prior to negotiation, arbitration or mediation against any person including any individual or entity (incorporated or otherwise), who in our opinion has acted in breach of these Terms of Use.
  12. In these Terms of Use unless the context otherwise requires:

    1. clause and sub clause headings are for reference purposes only;
    2. the singular includes the plural and vice versa;
    3. reference to a person includes any other entity recognised by law and vice versa;
    4. where a word or phrase is defined its other grammatical forms have a corresponding meaning;
    5. any reference to any agreement or document includes that agreement or document as amended at any time;
    6. the use of the word “includes” or “including” is not to be taken as limiting the meaning of the words preceding it;
    7. the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
    8. except as otherwise provided in this agreement, an agreement, representation, indemnity, warranty on the part of two or more persons binds them jointly and severally; and
    9. Reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated.