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website terms & conditions (geoTribes explorer)

This website ("Website") is offered to You, the client, by Robert Dommett and Associates Pty Ltd. of Level 16, 168 Walker St, North Sydney NSW 2060 Australia ("RDA") and your use of the website is expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein ("Terms"). Your use of the Website constitutes your acceptance to all such Terms and any other notices or disclaimers on the Website. Please read the Terms carefully. If You do not agree with the Terms then You must immediately cease using the Website.

If You or your employer have a signed, current licence agreement with RDA or one of its authorised partners governing your access to the Website on either a paid or trial basis, then that agreement shall take precedence in all areas where it conflicts with these Terms.

USE OF THE WEBSITE

The Website is geotribesexplorer.com, geoemma.com.au and related sub-domains or another website notified to You by RDA in writing.

The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to RDA or its suppliers and providers.

RDA grants You a limited non-exclusive, non-transferable licence to use the Website content and services for personal use and commercial evaluation purposes only. You may not use the services or content in a way that creates a financial benefit for You, or your employer, or any third party unless this has been authorised by RDA in writing.

You may access the Website for the time period notified to You by RDA or one of its authorised partners or otherwise at RDA’s sole discretion.

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the content or services on the Website, and You agree not to use any information obtained from your use of the Website in developing, producing or marketing of any similar content or services.

If You use the Website for any non-personal or commercial activity other than evaluation purposes, then You must first obtain all necessary consents and permissions and pay all relevant taxes and fees and You agree to indemnify RDA against any claim made against it, arising out of or in any way connected with your commercial use of the Website.

The intellectual property rights in data (such as retail network locations) that You upload for display in the Website (as between You and RDA) are to remain your property and RDA may only use this data for the purposes of providing website services in accordance with this agreement.

RDA will use reasonable commercial endeavours to guard against unauthorised access to the Website, your uploaded data and website reports generated by You. You acknowledge that your use of the Website is not entirely without risk of unauthorised access.

RDA will monitor your access to the Website. Such monitoring will comprise maintenance by RDA of access logs and analysis of usage patterns to audit compliance with this agreement and improve website operations.

You must comply with all applicable laws regarding your use of the Website.

Outside of the limited rights granted above, You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Website without first obtaining written permission from RDA. In addition, You must not:

  1. access, monitor or copy any content or information of the Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
  2. take any action that imposes, or may impose, what RDA at its sole discretion deems to be an unreasonable or disproportionately large load on the Website infrastructure;
  3. use components of the Website content or services separately and independently of the Website without first obtaining written permission from RDA. Specifically You must not bulk extract network locations (other than ones previously uploaded by You) or data at the level of SA1, Mesh Block, Block Group, Dissemination Area or Output Area) from the Website for use in external systems;
  4. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
  5. use the Website solely for the purposes of geocoding and location search, especially when these functions are performed in batch. These facilities are provided only to supplement the intended use of the Website;
  6. post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
  7. post or transmit any information which infringes the rights of others including, without limitation, privacy rights, copyrights, trade marks or other proprietary rights; or
  8. use the Website in a “concurrent use” or “floating licence” manner unless agreed in writing by RDA.

Non-adherence to the restrictions outlined above may lead to removal of your access rights to the Website or other measures taken without prior warning.

The Website features facilities that implement the Google Maps API. By using the relevant facilities, You agree to be bound by Google's Terms of Use:

or as otherwise provided by Google.

CUSTOMER SUPPORT POLICY

This policy aims to support You to successfully use the Website and also in the event that You intend to use the Website content or services for commercial purposes outside of the limits set out in this agreement. Please contact us through the following channels to receive customer support:

  • Email: info@geotribesexplorer.com
  • Telephone: +61 2 8923 6600

DATA RETENTION POLICY

Your data, including but not limited to locations and website reports generated by You, may be retained at RDA’s discretion or otherwise within system backups up to 1 year after it is initially deleted.

REGISTERING

Use of the Website may require You to register or be registered and thereby provide certain information to RDA or its authorised partners. As a condition of using the Website You represent and warrant that:

  1. the personal information You provide is true, accurate, current and complete; and
  2. You will maintain and promptly update the personal information held by RDA to keep it true, accurate, current and complete.

By registering for use of the Website, You warrant to us that You are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Website in accordance with all Terms herein. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others, including without limitation minors (under 18 years old) living with You or otherwise under your supervision).

You agree to supervise and be responsible for all usage by minors of the Website under your name or account.

You must keep secure any means of identification that RDA provides to You in order for You to access the Website.

RIGHTS TO SUSPEND OR TERMINATE

You agree that RDA may, at its sole discretion, terminate or suspend the display of any content or your use of the service immediately and/or refuse any and all current or future access to and use of the Website without notice if, in the reasonable opinion of RDA:

  1. You breach the Terms or You assist another person to breach the Terms; or
  2. You provide any information that is untrue, inaccurate, not current or incomplete or RDA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or
  3. your use of the Website is or has the potential to be contrary to RDA's commercial interests or damaging to its reputation or the reputation of its products or services; or
  4. You take any action that imposes, or may impose an unreasonably large load on or interferes with the proper operation of the Website infrastructure; or
  5. You make use of the Website in any way which exceeds what RDA at its sole discretion deems to be fair use.

RDA may also, at its sole discretion, modify or terminate the service without notice.

PRIVACY AND USE OF YOUR CONTACT INFORMATION

As a user of the Website, You agree and consent to RDA using, including sharing with third parties, your contact information (for example, your name, e-mail and physical / postal address and / or other contact details) as set out in our Privacy Policy.

RDA's Privacy Policy applies to all clients and is incorporated into these Terms by reference. Our current Privacy Policy is available here. You must read and accept our Privacy Policy upon registration in order to use the Website.

LIABILITY DISCLAIMER

To the extent permitted by law and subject to the statutory warranties below, RDA:

  1. disclaims all warranties, terms and conditions with regard to the Website and the services offered, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement;
  2. is not liable to You or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of the Website; and
  3. excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with the Website.

Without limiting the general disclaimer, RDA:

  1. makes no warranty or representation regarding the Website, products or services on the Website and/or any materials provided in the Website including, without limitation, in relation to merchantability or fitness for a particular purpose. All content is provided on an "as is" basis only. RDA is not liable to You or anyone else if errors occur in the information on the Website or if that information is not up-to-date;
  2. will not be liable for disruptions to the Website; and
  3. is not liable to You or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or an external website. You must take your own precautions to ensure that whatever You select for use from the Website is free of viruses, malware or other impediments or anything else that may interfere with or damage the operation of your computer systems.

These Terms must be read subject to any statutory provisions. If such statutory provisions apply to limit the warranty exclusion referred to above, to the extent to which RDA is entitled to do so, the liability of RDA will be limited at its option to:

  1. in the case of supply of goods, the replacement of the goods, or supply of equivalent goods, the payment of the costs of the replacing the goods or requiring the goods, the payment of the cost of having the goods repaired, or the repair of the goods; and
  2. in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.

To the extent permitted by law, RDA shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any clients or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

INDEMNIFICATION

You must defend and indemnify, and keep indemnified, RDA, its related bodies corporate, and/or its suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of the Website.

LINKS TO THIRD-PARTY WEBSITES

The Website may contain advertisements and hyperlinks to websites operated by parties other than RDA. Such advertisements and hyperlinks are provided for your reference only. RDA does not control such websites and is not responsible for their contents or your use of them. RDA's inclusion of advertisements or hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

COPYRIGHT AND TRADE MARK NOTICES

All contents of the Website are protected by copyright and all rights are reserved. RDA holds registered rights to the GEOTRIBES, GEOSMART, GEOPROPHET and EASYTARGET trademarks. Other product and company names mentioned herein may be the trademarks of their respective owners. Images on the Website must not be copied, saved or used in any format other than as incidental to your legal use of the Website.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

Please be aware that by submitting content to us by electronic mail, postings on the Website or otherwise ("Postings"), You:

  1. grant RDA a worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Postings in any form or on any medium and for any purpose, including posting the Postings on any Company or third party website or publication, using the Postings in any promotions and marketing, and sub-licensing the Postings;
  2. warrant that You own all rights, including intellectual property rights, in the Postings;
  3. warrant that You have the authority to grant this licence to RDA;
  4. warrant that the Postings do not breach any laws, including defamation laws; and
  5. so far as You are able, unconditionally waive all moral rights (as defined by the Copyright Act 1968) which You may have in respect of the Postings. Further, You unconditionally consent to any act or omission by RDA in relation to the Postings which may otherwise be an infringement of your moral rights.

GENERAL

These Terms are governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

RDA reserves the right to change the terms, conditions, and notices under which the Website is offered at any time at its sole discretion.

RDA may at any time, without notice and at its sole discretion terminate your access to the Website.

RDA may, and You may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.

RDA may at any time at it sole discretion and without notice remove any information stored by You on the Website.

RDA may at any time and without notice change the content, services and access means available on the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and RDA as a result of this agreement or use of the Website.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

These Terms constitute the entire agreement between, You, the client and RDA with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and RDA with respect to the Website, excluding any conflicting provisions in any current paid or trial licence agreement that your employer has signed with RDA or one of its authorised partners governing access to the Website.

Any rights not expressly granted herein are reserved.

Last Updated: 2nd November 2016

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