These Maptek Account Terms and Conditions (Terms) apply to your use of a Maptek Account that we make available to you online (Account). The Account enables you to use certain software, services or products that we provide (Products), including by verifying that you are appropriately licensed to run and use the Products.
These Terms form a contract between Maptek Pty Ltd (referred to as we, us or our) and the authorised licensee of the Products, as well as any employee or individual using the Account on behalf of the licensee (collectively referred to as you or your). By creating, accessing or using an Account and by using the Products, you agree to these Terms. You must also comply with any software end user licence agreement or other relevant terms and conditions (EULA) applicable to any Product you use, which apply in addition to these Terms.
If you do not agree to these Terms or the EULA, you must cease using the Account immediately.
An Account is for use only by individuals (natural persons) over 18 years of age, and other legal entities such as corporations capable of accepting these Terms. The individual creating or using an Account on behalf of a licensee of a Product is deemed to accept these Terms on both that entity’s behalf and for that individual personally.
You may only use the Account and information obtained from the Account for lawful purposes, and must ensure that your use of an Account does not breach any laws that apply to you.
In using the Account you must not directly or indirectly:
You are liable for all communications transmitted through or using your Account and for all activity (including use of the Products) associated with your Account.
You must ensure that all information you provide via your Account is correct, complete, up-to-date and not misleading or deceptive. You must notify us or amend the information in the Account if any information you have previously supplied changes or does not comply with these Terms.
You must keep your Account access credentials (username and password) secure at all times. You must not provide your Account access credentials to any other person or otherwise permit any other person to access or use your Account. If you know or suspect that your access credentials have been obtained or used by a third party without authorisation, you must immediately notify us and take reasonable steps to secure your Account.
We may suspend or terminate your Account without notice at any time and for any reason, including without limitation for failure to pay any Product licence fees. If your Account is suspended or terminated, you are prohibited from creating a new Account unless we notify you otherwise in writing. If we suspend or terminate your Account in circumstances where you are permitted to continue using the Products, we will use reasonable endeavours to provide an alternative means to enable you to continue using those Products.
We use the Account to manage and verify your licences for certain Products, as well as to monitor the use of those Products. We may monitor your use of the Products for purposes that include assessing compliance with these Terms and the EULA, to improve the Products, and/or to determine the fees payable for your use of the Products. This may include monitoring of:
You consent to our use of the Account and the collection of this information in the manner, and for the purposes, described in these Terms.
We will use our reasonable endeavours to maintain in confidence all information obtained in connection with your Account. You may be able to access certain information we collect by reviewing the information made available to you through your Account and/or the Products.
We reserve the right to add or remove features of the Account at any time, and may not notify you of such changes unless they will cause material changes to the Account or Products and your ability to use them.
We do not warrant or represent that an Account will be accessible by you or available at any particular time or at all. We do not guarantee that access to the Products or Account will be uninterrupted or error-free, or that your Account is free from viruses or anything else that may adversely affect any computer that accesses an Account. It is possible that your use of a Product may be limited or prevented if the Account is unavailable for any reason, including without limitation due to technical outages preventing a Product from obtaining access to the Account.
We do not offer insurance, indemnity or other protection of any kind in respect of any use of an Account or Product. If you wish to obtain or rely on such protection it is your responsibility to investigate its availability from a third party and to secure any entitlements you may have arising in connection with it.
No data transmitted over the Internet is secure. We do not warrant, and cannot ensure, the security of such data. You use your Account entirely at your own risk.
We do not exclude or limit any provision of any statute where to do so would contravene that statute or cause any part of these Terms to be void (Non-Excludable Condition).
We provide the Account on an “as-is” basis, and without any conditions, warranties, guarantees, rights, remedies, liabilities or other terms (Conditions), express or implied, other than as expressly set out in these Terms, or any Non-Excludable Conditions.
To the extent permitted by law, all Conditions implied or imposed by statute, custom or the general law are excluded from these Terms.
Our liability to you for any breach of any Non-Excludable Condition is limited to any one of (in our discretion) replacing, repairing or supplying equivalent goods, or supplying again the services, in respect of which the breach occurred, or payment of the costs of any of the foregoing.
We shall not be liable under any circumstances for, and you hereby release us in respect of, any and all loss or damage (including but not limited to any consequential loss, direct or indirect loss of profit, loss of income, loss of production, loss of actual or potential business opportunity or loss of goodwill), howsoever arising, as a result of your use of (or inability to use) an Account (and including, but not limited to, in respect of our negligence, breach of contract, tortious conduct or breach of statutory duty).
You agree to indemnify us (and our officers, shareholders and related bodies corporate) for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:
and you agree to provide all cooperation we require to defend any claim associated with this indemnity.
No fees apply to create or use an Account. Fees payable for use of the Products are set out in the EULA, and/or may be described in your Account. If you use any Products for which fees apply, you agree to pay those fees in accordance with the relevant EULA (including payment terms).
Unless specified otherwise, all copyright and other intellectual property rights forming part of the Account and Products (including text, graphics, designs, layouts, trade marks, logos, animations and/or sound recordings) belong to or are licensed by us. Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership rights in any of the intellectual property rights in the Account or Products, unless otherwise expressly agreed.
The copyright and other proprietary rights in such materials are protected by Australian and international intellectual property laws.
We grant you permission to use these materials solely for the purpose of using your Account in the manner contemplated by these Terms. You may also generate print-outs of parts of the Account for your personal use, provided you retain all copyright and other proprietary notices on that material. Otherwise, no material from an Account may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialised, used to create derivative works or framed within another website without our prior written permission.
We collect your personal information in order to manage and maintain your Account and the Products made available through your Account, to provide you with product information, to handle or respond to your requests, and to otherwise facilitate your use of the Products.
We may be unable to provide the Account, Products and/or other services if we do not collect this personal information.
We do not usually disclose your personal information to third parties, however we may do so to certain contractors and related bodies corporate in some circumstances. Generally we are not likely to disclose your personal information to overseas recipients, however we have associated companies in several overseas countries (including the UK, US, Canada, Mexico, South Africa, Brazil, Chile and Peru) where we have operations and we may disclose personal information to those companies. Your personal information may be stored in countries outside Australia, including in the US.
We may vary these Terms at any time by publishing amended Terms on our website and/or notifying you of the updated Terms. You will be deemed to have accepted any amended Terms if you continue to use the Account after amended Terms have been published. You should review the Terms each time you use your Account.
These Terms will be governed in all respects by the laws of South Australia, Australia. You and we submit to the exclusive jurisdiction of the courts of South Australia, Australia and any courts of appeal from them.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be excluded and the remainder of these Terms will continue to apply.
You may not assign or transfer any rights or obligations under these Terms to any third party. We may assign or transfer any rights or obligations under these Terms to any third party in our absolute discretion.
You must report any issue, inaccuracy, malfunction or other problem with an Account or Product as soon as practicable after such an issue becomes apparent to you.
Any failure by us to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of our right to do so or your obligations.
These Terms set out the entire agreement between us and you regarding the subject matter of these Terms.
If there is any inconsistency between these Terms and the EULA, the provisions of the EULA will apply to the extent of any such inconsistency.
Any provision of these Terms by its nature intended to survive expiry, suspension or termination of these Terms or your Account survives such expiry, suspension or termination.
If there is any inconsistency between these Terms and the EULA, the EULA will apply to the exclusion of these terms to the extent of that inconsistency.
We are independent contractors, and no relationship of agency, partnership, joint venture, fiduciaries or other similar relationship is created by these Terms or through your use of an Account.