Terms & Conditions
Terms & Conditions
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
2. Access to Website
2.1 Becoming a Registered User
To use the Website, you must become a Registered User by setting up a Mapview Pty Ltd account (Account). To become:
- A Free User, you must be 18 years of age or older and provide us with your personal information (including, but not limited to, your name, address and email); or
- A Member User, you must be 18 years of age or older and provide us with your personal information (including, but not limited to, your name, address and email) and your credit card details or other payment method required for you to pay the Monthly Subscription Fee.
2.2 Using your Account
In order to use the Website to access your Account, you will need to set up a user name and password when you apply to become a Registered User. This user name and password must be kept secret and secure and you are entirely responsible for maintaining their confidentiality. No responsibility will be taken by us for unauthorized usage of your Account therefore you are not to give your password to any third parties and you will be responsible for all usage or activity on your account.
It is your responsibility to inform us immediately of any unauthorized use of your user name and password including any other security breach associated with your Account.
You may be prompted from time to time by us to change your password.
You acknowledge and accept that there may be a reason to reauthenticate your Account for security reasons due to any period of inactivity and we are not responsible for any information that may be lost by You due to any termination of any browser session due to inactivity.
2.3 Acknowledgement of Service Providers’ Terms and Conditions
By becoming a Registered User and using your Account and Website you agree that you:
- Google at https://developers.google.com/places/web-,https://developers.google.com/maps/documentation/streetview/policies
- Mapbox Inc – https://www.mapbox.com/legal/tos
- Open Street Maps at http://opendatacommons.org/licenses/odbl/1.0/
- Domain Holdings Australia Pty Ltd and/or subsidiaries: https://developer.domain.com.au/API_Terms_of_Use
- Global X Pty Ltd (insert Hyperlink to the terms and conditions)
- LandDATA Victoria
- Department of Environment Land, Water, and Planning
- Commonwealth of Australia in respect of census data at https://creativecommons.org/licenses/by/4.0/;
- State of Victoria at https://creativecommons.org/licenses/by/4.0/legalcode;
- State of New South Wales at https://creativecommons.org/licenses/by/3.0/au/legalcode; and https://www.planningportal.nsw.gov.au/support/terms-and-conditions
- State of Queensland at https://creativecommons.org/licenses/by/4.0/ and https://creativecommons.org/licenses/by/3.0/au/;
- Sunshine Coast Council at https://creativecommons.org/publicdomain/zero/1.0/legalcode;
- Moreton Bay Regional Council at https://creativecommons.org/licenses/by/4.0/;
- Brisbane City Council, Redland City Council, City of Gold Coast, Logan City Council; Ipswich City Council and Noosa Shire Council at https://creativecommons.org/licenses/by/3.0/au/;
- the Australian Curriculum, Assessment and Reporting Authority at https://creativecommons.org/licenses/by/4.0/;
2.4 Important Account Information
You acknowledge and agree that:
- As a Registered User of the Website, you will be required to pay a Monthly Subscription Fee and you will continue to pay the Monthly Subscription Fee for each Subscription Period unless you are a Free User.
- When you become a Registered User, your Subscription Term commences upon registration.
- You must pay the Monthly Subscription Fee via credit card, or such other payment method as we permit from time to time.
- Monthly Subscription Fees are paid in advance of each Subscription Term;
- We reserve the right to determine different subscription levels and associated product and service offerings at any time and vary the Monthly Subscription Fee relevant to those subscription levels. You must pay the Monthly Subscription Fee as determined according to Your subscription level and as advised by us;
- We may increase the Monthly Subscription Fees at any time by giving you notice. Your continued use of our Website following this notice indicates your acceptance of this increase and agreement by you to pay those increased Monthly Subscription Fees;
- You may terminate your Account at any time by advising us in writing but we do not offer refunds. If you cancel your automatic recurring payment, you will be able to access our Website until your Subscription Term expires;
2.5 Consent to communicate with you
By becoming a Registered User and using our Website you acknowledge and agree that we, and Our Service Providers, may communicate with you for the purposes of:
- your use of the Website;
- responding to any correspondence you make with us
- fulfilling and request that You make of Us
- administering, operating, maintaining and generally managing the Website;
- providing you with information about the Website;
- notifying you of any changes to, enhancements of, or outages that may affect the Website;
- providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from us or our Service Providers; and
- providing you with the opportunity to ‘opt-in’ to provide your consent to participate in enhancements to or new features of the Website which may include for example using property or other information uploaded by you on the Website.
3. Conditions of Use of our Website
3.1 Non Permitted Use
You must not use our Website, or permit any third party to use our Website in any way that infringes:
- Our Intellectual Property Rights;
- The Intellectual Property Rights of our Service Providers;
- The Intellectual Property Rights of suppliers of database services to our Service Providers; or
- Any other third party’s rights, including Intellectual Property Rights
3.2 Limitations on Use
a) The Website is for your personal, lawful use only and not for commercial exploitation. You must not:
- decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the content, and not infringe the Intellectual Property Rights of Mapview, our Service Providers and other third parties;
- use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Website or any transaction or use being conducted on the Website;
- probe, scan or test the vulnerability of the website or any network connected to the Website, nor breach the security or authentication measures.
- use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of our Website or its content without our prior written permission.
- attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or the our server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- take any action, including excessive use of the Website that either does or may impose and/or damage (in our sole discretion) any unreasonable or disproportionately high load on the Website and its infrastructure;
- take any action, including excessive use of the Website that either does or may hinder and/or prevent (in our sole discretion) us from providing the Website and its infrastructure.
b) You must not modify or copy the layout of the Website or any computer software and code contained in the Website.
c) We reserve all Intellectual Property Rights, including, but not limited to, copyright in material or services provided by or on the Website.
d) We reserve the right to limit the amount of data that will be capable of being accessed by Registered Users, regardless of subscription level if we consider that that user’s use of data for the Subscription Term is an excessive and unreasonable amount.
e) You warrant that your access to and use of the Website is not illegal or prohibited by any applicable Laws, in force from time to time, in your relevant jurisdiction.
f) Where you access content from our Website that, subject to the terms and conditions of our Service Providers, permits you to create Derivative Works then the following will apply to that derivative works, on the following terms:
- You must not remove any logos, watermark or attribution from the Derivative Works;
- You may continue using Derivative Works following termination or expiration of these Terms; and
- Where Derivative Works include, embed or incorporate all or part of content from our Website, the rights to the Intellectual Property right of the embedded or incorporated Imagery remains the property of us or our Service Providers
3.3 Uploading information into our Website
The Website may have a functionality provided to you that permits you to upload information to the Website or communicate to us or other Registered Users or third parties. You represent and warrant in relation to any material or information you provide to the Website that:
- you are authorised to provide the material or information;
- the material or information is not offensive, threatening, defamatory, obscene, indecent, incorrect, fraudulent, defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
- the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
- the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.
3.4 License to use intellectual property uploaded onto our Website
By uploading content to or submitting any materials for use on this Web Site that is protected by intellectual property rights, you
- grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe and in any jurisdiction in which the Website is available to users.
- agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
3.5 Links to other websites
a) This Website contains links to sites on the Internet owned and operated by our Service Providers and third parties and which are not under our control.
b) In relation to the other sites on the Internet, which are linked to the Website, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
- are not responsible for the material contained on those linked sites.
3.6 Removal of information
In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material or information.
3.7 Privacy and Use of personal information gathered
a) We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
- regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
b) We may authorise others to offer you goods and services using the information acquired, as described above.
4. Warranties, Liability and Indemnity
4.1 Website Provided on an “As is, As Available” Basis
This web site is provided on an “as is, as available” basis. Mapview Pty Ltd expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Mapview Pty Ltd disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
- any errors in or omissions from this Website and the content, including but not limited to technical inaccuracies and typographical errors,
- any third party web sites or content therein directly or indirectly accessed through links in this web site, including but not limited to any errors in or omissions therefrom
- The breach by you of our Service Providers’ terms and conditions
- the unavailability of this Website or any portion thereof,
- your use of this Website, or
- your use of any equipment or software in connection with this Website.
a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet and your use of our Website is entirely at your own risk.
b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.
c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if you have advised us of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
d) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites
e) We do not warrant, guarantee or make any representation that:
- the Website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
f) We are not liable to you for:
- errors or omissions in the Website, or linked sites on the Internet;
- delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
- defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
g) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
- exclude, restrict or modify; or
- which have the effect of excluding, restricting or modifying,the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (Non-excludable Guarantee).
4.3 Limitation of liability
You acknowledge and agree that, to the maximum extent permitted by law, we, Mapview Pty Ltd, our respective officers, employees and agents and each of our Service Providers:
a) exclude all liability for
- any costs, losses, injury, claim, liability, or damages of any kind resulting from your use of this Website, content and the interactive areas of this website or any facts or opinions appearing on or through any interactive area or as a consequence of removing any material or information from this Website or in relation to or in connection with any material or information supplied in respect of advertising on this Website.
- any, direct, indirect, incidental, or consequential, incidental, special exemplary or punitive loss or damages of any kind whatsoever (including, without limitation, loss of revenue, business profits, data, goodwill, opportunities) suffered by you in any way due to, resulting from, or arising in connection with the use of or inability to use this Website or the content regardless of the basis of such liability and even if advised of the likelihood of such loss.
- Free Users, in connection with these Terms or User’s use of Products to the amount of $1.00;
- Member Users to an amount equal to the total Monthly Subscription Fees that you have paid to us during your Subscription Term capped at 1 Month;
You agree to indemnify, defend and hold harmless Mapview Pty Ltd, its officers, directors, employees, agents, licensors, suppliers and any third party information providers, including our Service Providers to the Website (Those Indemnitifed) from and against all losses (including reasonable (legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
- any wilful misconduct by you;
- any unlawful or negligent act or omission by you;
- any breach of our Service Providers’ terms and conditions; and
- any breach by you of third party Intellectual Property Rights
- publication of or distribution of the material or information supplied by you.
5. Suspension and Termination of access
a. We may terminate access to the Website at any time, by giving you 30 day’s notice without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
b. We may, at any time, by reasonable notice to you and where reasonably possible, temporarily, or indefinitely, suspend, disable or terminate your access to your Account or the Website, if any one or more of the following applies:
- Maintenance, routine or otherwise, is required to the Website or your Account
- Operational, administrative or security related tasks are required to be performed to the Website or your Account;
- Our Service Provider requires us to do so;
- We reasonably believe that you have engaged in conduct that violates the terms and conditions of our Service Providers and/or brings our Website or any of our Service Providers into disrepute.
d) (if so capable), the breach is capable of remedy and You fail to remedy it within 7 days of receiving written notice requiring it to be remedied.
5.2 Effect of Suspension or Termination
- You must pay us any outstanding Monthly Subscription Fees; and
- We will refund any portion of the Monthly Subscription Fees (on a pro rata basis) from the date of termination (at our sole discretion);
- Your user name and password for your Account will expire after 30 days
- Clauses 4 (Warranties, Liability and Indemnity), 5 (Suspension and Termination of Access), 6 (General Provisions), 7 (Dispute Resolution) and 7 (Definitions) survive.
6. General provisions
6.1 Alteration of Terms of Access
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
6.2 Intellectual property rights
All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners, including our Service Providers. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
We reserve our rights to use, sell, commercialise or dispose dispose of data collected in the course of providing the Website to you and as permitted by law.
6.3 Goods and services tax
- Where words and expressions used in this clause are defined in the GST Act they shall have the same meaning as those words and expressions in the GST Act.
- We are registered for GST and will notify you if this ceases to exist.
- Except where express provision is made to the contrary, and subject to this clause 3, the consideration payable by any party under this Agreement represents the value of any taxable supply for which payment is to be made.
6.4 Dispute Resolution
- If a dispute arises between the parties, the parties to the dispute undertake in good faith to use all reasonable endeavours to settle the dispute by negotiation as follows:
- The affected party will serve a dispute notice (Dispute Notice) on the other party inviting them to meet within 14 days of receiving the Dispute Notice to attempt to resolve the dispute
- If the dispute cannot be resolved within 30 days of the Dispute Notice, the dispute can be escalated to our Executive General Manager (EGM) who will meet with you and attempt to resolve the dispute.
- Should the dispute not be resolved after meeting with the EGM, either party may refer the dispute to mediation with a mediator agreed by the parties and no agreement can be reached, then a mediator appointed by the Victorian Law Society
- The parties will mediate the dispute with the appointed mediator within 30 days of that appointment and use all reasonable endeavours to settle the dispute.
- Both parties will share in the cost of the mediator in equal shares.
- If the dispute cannot be resolved in accordance with this clause, either party may by notice in writing of at least 14 days to the other, refer the dispute to legal action.
- Service of notice is a condition precedent to the commencement of any litigation proceedings.
- Assignment – You must not assign, transfer or otherwise deal with any right under these Terms without Our prior written consent, which will not be unreasonably withheld. We may assign or novate Our rights and obligations under these Terms to any person by notice to You.
- Waiver – Failure by us to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Agreement by us does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Agreement.
6.6 Relevant jurisdiction
- These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
- You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of these Terms of Access.
GST has the meaning given to that term in the GST law;
Intellectual Property Rights means any and all:
- current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;
- applications for grant of any of the above;
- other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and
- other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
Loss means loss or damage of any kind (including liability to a third party);
Monthly Subscription Fee
- Free Users, such GST exclusive amount as noted on the website as We may determine
from time to time per subscription period and such fee will be for a number of users as noted on the Website with associated passwords;
- Member Users, such GST exclusive amount as noted on the website as We may determine
from time to time per subscription period and such fee will be for a number of users as noted on the Website with associated passwords;
- access to licensed material, the property document fees; and
- other products, such other GST inclusive amount as noted on the Website.
Member User means a User who:
- registers to use Mapview;
- accepts these Terms;
- pays the applicable Subscription Fees; and
Free User means a User who:
- registers to use Mapview;
- accepts these Terms;
Subscription Period means the period determined by Us applicable to Your subscription type
We, Us or Our means Mapview Pty Ltd ABN 20 634 478 121;