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 Pty Ltd, ACN 631 470 356, with an address
at WeWork c/o Geolocarta Technologies, 310 Edward Street, Brisbane City, Queensland 4000, AUSTRALIA (“Geolocarta”).
This Agreement is effective on 1 June, 2019 for current Customers, and upon acceptance for new Customers.
- 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 ebsite.
- Our, us and we
- refers to Geolocarta, ACN 155 537 689, with an address at Level 54, 111 Eagle Street, 4000, 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 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.
- Your use of the Website including but not limited to any information you provide, must not:
- be illegal;
- false, inaccurate or misleading, fraudulent or deceptive;
- violate any applicable law, statute, ordinance or regulation;
- 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;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- infringe upon the rights of others or violate the privacy of others;
- be harmful to the Software or Website or damage the credibility or integrity of the Software, Website or Geolocarta; or
- Breach or violate any Policy.
- 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
- 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.
- 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.
- 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.
- Geolocarta does not review or otherwise confirm the Content it receives from third parties.
- 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.
- 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.
- 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
- 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.
- You may not, and you will not encourage, assist or authorize any other person to:
- 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;
- circumvent or bypass any technological protection measures relating to the Software;
- Publish, copy, rent, lease or lend the Geolocarta Intellectual Property;
- Transfer the Software or any rights to access or use the Software; or
- Use the Software in any unauthorized way that could interfere with anyone else’s use of the Software.
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 your Account.
- the supply of the Software again; or
- Amount of fees you pay to us in the 3 months prior to the action giving rise to the liability the payment.
- Geolocarta shall not be liable for Loss.
- 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.
- clause and sub clause headings are for reference purposes only;
- the singular includes the plural and vice versa;
- reference to a person includes any other entity recognised by law and vice versa;
- where a word or phrase is defined its other grammatical forms have a corresponding meaning;
- any reference to any agreement or document includes that agreement or document as amended at any time;
- the use of the word “includes” or “including” is not to be taken as limiting the meaning of the words preceding it;
- the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
- 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
- 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.