CONDITIONS GOVERNING ACCESS TO AND USE OF TERRAPAGES WEBSERVICES


IMPORTANT NOTICE: The TerraPages family of Web services and associated data (all of which are referred to as "WebServices") are 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. These WebServices may not be used by anyone without having been authorised 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 WebServices in accordance with these conditions. If you accept and agree to be bound by these conditions of use, select "YES" below. Selecting YES and registering for the WebService constitutes acceptance of these conditions. Please read these conditions carefully before registering for the WebService. Do not proceed with registration for the WebService if you do not agree to these conditions. Please note that by accessing or using or by attempting to access or use any WebServices, 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 WebServices through that registered user.


Subject to your acceptance of and continuing compliance with these conditions, you are permitted to:
(1) Register for the TerraPages WebService for a single address or location and integrate or use the provided URL in your organisation's web site for the purpose of creating a TerraPages Map centred around an address.
(2) Negotiate with TerraPages to have multiple TerraPages Map WebServices for your business.

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 WebService or its associated documentation.
(2) Use, reproduce or deal in the WebService or its components in any way except as expressly provided in these conditions..
(4) Use and or distribute or make available the TerraPages Map to a recipient or other third party for direct target marketing purposes.
(5) Reproduce the generated TerraPages Map (except for temporary reproduction in RAM or internet browser and one back-up copy against loss of original).
(6) Create, use or distribute the TerraPages Map except in accordance with these conditions.

You agree that in relation to any of the map data provided via the TerraPage Map, that:
a. No Intellectual Property Rights in the data or WebServices provided are held or will be held by the TerraPages Map WebService user; and
b. There is no transfer of title or ownership of the TerraPages Map to the TerraPages Map WebService 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 TerraPages Map WebService or any TerraPages Map for any purpose which is prohibited by law.
You are not permitted to change the branding and look-and-feel of the WebServices including the TerraPages Maps in any way, unless expressly authorised to do so by TerraPages.

TERM
(1) Your right to use the WebServices will be terminated if you fail to abide by these conditions.
(3) You may receive a free subscription period depending on any TerraPages promotional programmes. However, any such free service is limited to an initial period only for each address registered by you.
(2) Either you or TerraPages may terminate the right to use the WebServices at any time during a free promotional period by written notice.
(3) After the free trial period, if you wish to continue using the WebServices then TerraPages reserves the right to require you to pay fees as a condition of continuing to permit you to use the WebServices.
(4) TerraPages reserves the right to change the WebServices or the conditions governing the provision of WebServices or any other provisions of these conditions at any time. You should review the content of the web page containing these conditions regularly to check for any amendments.

RESTRICTIONS
(1) You acknowledge that:
a. The generated TerraPages Map data does not constitute Personal Information; and
b. Any geospatial data provided by the TerraPages 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 WebServices including any TerraPages 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 WebServices 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 TerraPages Map WebService 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 WebServices including TerraPages Maps are 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 WebServices) are excluded.
(3) If you find any errors or omissions, please report them to TerraPages.

LIABILITY ARISING FROM USE OF THE WEBSERVICES
(1) Subject to any non-excludable rights: (a) your use of the WebServices 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 WebServices or your use or attempted use of the WebServices 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 WebServices 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 WebServices 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 WebServices or your attempted use of the WebServices.
(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 WebServices again or payment of the cost of providing the WebServices 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 WebService shall be to discontinue your use of the WebService at no penalty whatsoever to TerraPages.

DISCLAIMERS REQUIRED BY DATA PROVIDERS
(1) The WebServices and TerraPages 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 WebServices, 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.



INDEMNITY
You must indemnify TerraPages and the data owners and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the WebServices.


LAW
These conditions, the provision of WebServices and all other matters arising between us shall be governed by the law of New South Wales and you hereby irrevocably submit to the jurisdiction of the Courts of New South Wales.
If you have any questions concerning this Agreement please write to TerraPages Pty Ltd, 112, The Lower Deck Jones Bay Wharf, Pirrama Rd Pyrmont, NSW 2009, Australia.

Please email any queries to button@terrapages.com.
 







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