CONDITIONS OF USE
In using the 1976Maps service you acknowledge all the Terms and Conditions
in this document and warrant that all requests to the service from your
registered mobile phone number are solely from you.
DISCLAIMER
The 1976Maps service and associated data (herein referred to as "Service")
is the copyright and property of TerraPages Pty Ltd ("TerraPages") whose principal
place of business is at Suite 112, The Lower Deck Jones Bay Wharf, Pirrama Rd
Pyrmont, NSW 2009, Australia or of third parties who have made certain material
available to TerraPages under licence. This Service may not be used by anyone without
having been authorized to do so by TerraPages.
Subject to your acceptance of these Conditions and your satisfactory completion
of registration and any other requirements, you may access and use the Service
in accordance with these Conditions. If you accept and agree to be bound by these
Conditions of Use, select "I ACCEPT" below. Selecting "I ACCEPT" and registering
for the Service constitutes acceptance of these Conditions. Please read these
Conditions carefully before registering for the Service. Do not proceed with
registration for the Service if you do not agree to these Conditions. Please
note that by accessing or using or by attempting to access or use this Service,
you thereby agree to be bound by these Conditions.
In these Conditions, references to "you", "your" or derivatives are references
to the company, business, person or other entity registering as a user and to
each officer, employee or agent who accesses or uses the Service through that
registered user.
Subject to your acceptance of and continuing compliance with these Conditions,
you are permitted to:
(1) Register for the 1976Maps Service.
You are not permitted to:
(1) Rent, lease, sub-license, loan, copy (except as expressly provided in these
Conditions), modify adapt, merge, translate, reverse engineer, decompile,
disassemble or create derivative works based on the whole or any part of the
Service or its associated documentation.
(2) Use, reproduce or deal in the Service or its components in any way except as
expressly provided in these Conditions.
(3) Use and or distribute or make available the maps to a recipient or other third
party for direct target marketing purposes.
(4) Reproduce the generated maps (except for temporary reproduction in RAM or
internet browser and one back-up copy against loss of original).
(5) Create, use or distribute the maps except in accordance with these Conditions.
You agree that in relation to any of the map data provided via the Service, that:
a. no Intellectual Property Rights in the data or Services provided are held or will
be held by the Service user; and
b. there is no transfer of title or ownership of the map to the Service user; and
c. all Intellectual Property Rights relating to the data remain vested with the
original owners (Data Custodians) of that data.
You may not use the Service or any map for any purpose which is prohibited by law.
You are not permitted to change the branding and look-and-feel of the Service including
the maps in any way, unless expressly authorized to do so by TerraPages.
TERM
(1) Your right to use the Service will be terminated if you fail to abide by
these Conditions.
(2) Either you or TerraPages may terminate the right to use the WebServices
at any time during a free promotional period by written notice.
RESTRICTIONS
(1) You acknowledge that:
- a. the generated map data does not constitute Personal Information; and
-
b. any geospatial data provided by the map will be provided in raster
format (or as a bit map) and not vector format (or as geometric elements
defined by coordinate data) for the area of data accessed; and
-
c. you do not rely and it is unreasonable for you to rely on the skill
or judgment of TerraPages as to whether the Service including any map is
reasonably fit for any purpose for which it is provided; and
-
d. you acquire no rights or interests in data provided to you in
connection with the Service and geospatial data provided as part of any
WebService is subject to full copyright which is vested in and retained
by the relevant data owners.
(2) You may only use the issued Service URL for the purposes outlined in these Conditions.
WARRANTIES
(1) TerraPages does not attempt to exclude any conditions, warranties, rights or remedies
which you may have pursuant to the Trade Practices Act 1974 or other legislation
to the extent that those rights and remedies can not be excluded by agreement
("non-excludable rights").
(2) Subject to any non-excludable rights: (a) the Service including maps is provided
on an "as is" basis; and (b) all express or implied conditions or warranties of any kind
(including but not limited to any warranties of merchantability, fitness for a particular
purpose, freedom from contamination by computer viruses, non-infringement of proprietary
rights and the accuracy, adequacy, currency, suitability, completeness, legality,
reliability or usefulness of any content or other part of the Service) are excluded.
(3) If you find any errors or omissions, please report them to TerraPages.
LIABILITY ARISING FROM USE OF THE SERVICE
(1) Subject to any non-excludable rights: (a) your use of the Service is entirely
at your own risk; (b) you hereby release TerraPages from any claims you would
otherwise have against TerraPages now or in future arising directly or indirectly
from the Service or your use or attempted use of the Service and (c) in no event
will TerraPages be liable for any damages whatsoever (including, without limitation,
direct, indirect, punitive, special, consequential damages, lost profits, lost data
or business interruption) arising out of the use, inability to use, or the results
of use of the Service whether based on contract, tort, statute, common law, equity
or any other legal theory and whether or not advised of the possibility of such
damages. Without limitation, this exclusion of liability applies to any loss or
damage caused by any deficiency in the performance of Service and any error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorised access to, alteration
of, or use of any material associated with the Service or your attempted use of the Service.
(2) If you are entitled to make any claim against TerraPages as a result of non-excludable
rights or on any other basis notwithstanding the provisions of these Conditions, TerraPages
liability to you for the aggregate of such claims (regardless of the basis on which you are
entitled to claim from TerraPages) is limited to the provision of Service again or payment
of the cost of providing the Service again (at TerraPages' election).
(3) Subject to subclause (2) of this clause, your sole and exclusive remedy for any matter
arising in connection with the Service shall be to discontinue your use of the Service
at no penalty whatsoever to TerraPages.
DISCLAIMERS REQUIRED BY DATA PROVIDERS
(1) The Service and maps may incorporate or be based on data provided under licence from
PSMA Australia Limited. (www.psma.com.au) or other third parties (a "data owner").
(2) While every care is taken to ensure the accuracy of the data provided by the Service,
the data owners (including the State, Territory and Commonwealth Governments of Australia)
do not make any representations or warranties about its accuracy, reliability, completeness
or suitability for any particular purpose and, to the extent permitted by law, the data
owners disclaim all responsibility and all liability (including without limitation,
liability in negligence) for all expenses, losses, damages (including indirect or
consequential damages) and costs which might be incurred as a result of the data being
inaccurate or incomplete in any way and for any reason.
COST
Each query will cost $0.55 (GST incl) and will be charged to your mobile phone account.