These Terms of Service (“Terms“ or “Agreement”) govern your access to and use of Scopomap’s (“Scopomap”, “Scopomap Software”, “we” or “our”) mapping services, websites and applications (collectively the “Service”) located at www.scopomap.com.au. Scopomap is owned and operated by Scopomap Pty Ltd (“Scopomap”), and is provided to you (the “Client”) under the terms and conditions outlined below.
By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of the Client, then you are agreeing to these Terms on behalf of the Client and you represent and warrant that you have the authority to bind the Client to these Terms. In that case, “you” and “your” refers to you and the Client. You may use the Service only if you can form a binding contract with Scopomap Pty Ltd, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. This Agreement shall continue in effect for as long as the Client is registered to use the Service.
Entire Agreement
This Agreement and Scopomap’s Privacy Policy describe the entire agreement between the Client and Scopomap regarding the Service, and supersede any prior understandings or agreements The headings are for convenience only and shall not affect the construction or interpretation of the Agreement.
Modifications
Scopomap reserves the right to update and change the Agreement from time to time with notice. Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute Client consent to such changes.
PLEASE READ THIS AGREEMENT CAREFULLY
When a Client uses Scopomap to create a custom map, the Client acts as the controller of that data and Scopomap processes that data on the Client’s behalf. It is the Client’s responsibility, as the controller of the data, to ensure that it has met its legal obligations. This includes complying with any applicable privacy requirements.
The Client’s obligations in relation to data, and Scopomap’s respective obligations to the Client, are set out in further detail in these Terms of Service, in the attached Data Protection Addendum, and in Scopomap’s Privacy Policy.
Scopomap collects and processes personal data from Clients in order to run our business and offer our Services. As a Scopomap Client, you understand and agree that we will collect and use your information as we describe in our Privacy Policy. We ask our Clients to read our Privacy Policy in full.
Scopomap employs other organisations to perform certain functions on our behalf, including handling subscriptions and processing payments, website analytics, user email communications. We also use Google Maps API, data obtained from Australia Post and the Australian Bureau of Statistics. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Scopomap not to disclose or use your information for other purposes
As a Scopomap Client, you acknowledge and agree that Scopomap may engage these third party Sub-processors, and additional third-party Sub-processors as it may deem necessary, in connection with the provision of its Services.
Scopomap is based in the Australia, processes its data in the Australia, and makes its Services available In Australia. Because we use technical infrastructure based offshore, we sometimes need to transfer personal information across borders in order to deliver our Services.
Where necessary, you agree to the transfer of your data abroad, so that Scopomap can process information and provide its Services.
Your Scopomap account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organisations. You must provide us accurate information when you create your Scopomap account. If you connect to Scopomap with a third party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission.
Some areas of our Service allow you to upload location data and text (“Content” or, when posted by you, “your Content”) and to share your Content with others. You retain ownership of your Content. Please consider carefully with whom and what content you choose to share as Scopomap assumes no responsibility for that activity.
You agree not to post Content that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, royalty free license to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Scopomap, its users and the public.
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will Scopomap be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability.
Scopomap will not be responsible or liable for any use of your Content by Scopomap in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
Subject to these Terms, Scopomap gives you a personal, worldwide, royalty free, non-assignable, non-sublicensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for a material violation of these Terms which is not cured within 30 days of notice to you.
You may not:
(i) modify, disassemble, decompile or reverse engineer the Scopomap Software, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Scopomap Software to any third party or use the Scopomap Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Scopomap Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security related features of the Scopomap Software, features that prevent or restrict use or copying of any content accessible through the Scopomap Software, or features that enforce limitations on use of the Scopomap Software; or
(v) delete the copyright and other proprietary rights notices on the Scopomap Software.
You agree that we may from time to time issue upgraded versions of the Scopomap Software, and will automatically electronically upgrade the version of the Scopomap Software that you are using. You agree to the automatic upgrade and agree that the terms and conditions of these Terms will apply to any upgrades.
Any third party code that may be incorporated in the Scopomap Software is covered by the applicable open source or third party license, if any, authorising use of such code.
This license is not a sale of the Scopomap Software or any copy thereof, and Scopomap or its third party partners or suppliers retain all right, title, and interest in the Scopomap Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.
Scopomap will release personal and account information in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of this Terms of Service.
We may also share your information during a corporate transaction like a merger, or sale of our assets. If a corporate transaction occurs, we will provide notification of any changes to control of your information, as well as choices you may have.
Scopomap and its employees are dedicated to maintaining Client’s privacy and security. Scopomap will adhere to its stated privacy and security policies and will only disclose personal information in accordance with our Privacy Policy and these Terms of Service. However, no method of transmission or storage is 100% secure and Scopomap is unable to guarantee that third parties will not intercept data transmitted over the Internet. As a result, Scopomap does not warrant the security of any information the Client transmits to or from our Services and Client does so at its own risk.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Scopomap or a third party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. Scopomap cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Scopomap immediately upon becoming aware of any breach of security or unauthorised use of your account.
Scopomap is providing the Client with the processing and storage of your Content. Scopomap makes no guarantees as to the continuous availability of the Service or of any specific features of the Service. Scopomap reserves the right to change the Service without notice.
Client may stop using the Service and have their Content removed at any time. To do so, Client must contact Scopomap via email. Scopomap will remove all Content related to the Client within 5 business days of cancellation upon written request from the client. If the client abandons their Content by not logging into the Service for a period of six (6) months, Scopomap reserves the right to remove all Content related to the Client. Notwithstanding the previous statement Scopomap, at its sole discretion, for any reason, and at any time, reserves the right to terminate this Agreement and access to the Service with thirty (30) days prior written notice to the Client. In the event that Scopomap terminates this agreement, Client is entitled to receive a prorated refund for the unused portion of the Subscription. The prorated refund will be calculated based on the number of days existing in the Client’s subscription period.
Scopomap supplies a private service and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship is intended or created by this Agreement.
USER RESPONSIBILITIES
Client acknowledges that Scopomap does not pre-screen Content, but that Scopomap and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Agreement.
Client must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or which is likely to interfere with any other party’s use or enjoyment of the Service.
Client agrees to provide true, accurate and complete registration information and to maintain, and promptly update Client information as applicable. Client agrees not to impersonate any person or use a name that Client is not authorised to use. If any information Client provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Scopomap has the right to terminate Client access to the Service and Scopomap has the right to recover from Client any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. Client authorises Scopomap to make any inquiries they consider necessary to validate Client registration.
Client agrees that they have access to the Internet and to a current email address other than the one that may have been provided to Client by Scopomap. This email must be specified during the registration process when Client signs up to the Service, and will be the email address that Scopomap will use to contact the Client. Scopomap will not be liable for any undelivered email communications or any costs Client incurs for maintaining Internet access and an email account. Client must promptly notify Scopomap of any change to their email address.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding Client account and/or Client’s use of the Service (“Communications”), may be provided to Client electronically and Client agrees to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Service and/or delivered to Client’s email address. Client will print a copy of any Communications and retain it for their records. All Communications in either electronic or paper format will be considered to be in “Writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not Client have received or retrieved the Communication.
Client may not divulge their account password(s) to anyone else, nor may Client use anyone else’s password. Scopomap is not responsible for losses incurred by Clients as the result of their misuse of passwords.
If Client uses or attempts to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, Client access to the Service will be terminated and Client will be subject to damages and other penalties, including criminal prosecution where available.
RIGHTS AND DISCLAIMERS OF SCOPOMAP
No charge for use of the Service will be made during any free trial period or any beta trial period. The Client is not however entitled to benefit from more than one free trial. If Scopomap discovers that more than one free trial has been requested, the Client will become liable for payment of the subscription fee for all use of the Service made after the first free trial period.
Once any free trial or beta trial period is over, Scopomap reserves the right to automatically renew the Client’s subscription if the Client has not selected to cancel it.
Scopomap shall be under no obligation to provide the Service if the fee is not paid to us on time. The Client must ensure that Scopomap has complete and accurate billing and contact information throughout the billing period. If billing fees become overdue, because for example the Client’s credit card has expired, Scopomap reserves the right to suspend access to the Service until the balance is paid or Scopomap may remove the Client’s Content and prevent further access permanently.
When applicable, Scopomap shall make reasonable efforts to ensure that purchases involving checks and credit cards are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are approved. Scopomap makes no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
In no event shall Scopomap be liable for (i) loss or inaccuracy of Content, (ii) interruption, suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Scopomap has been advised of the possibility of such damages.
In no event shall Scopomap be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as but not limited to, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Client agrees to indemnify and hold Scopomap and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content Client submits, posts, transmits or make available through the Service and/or Client’s use of the Service in violation of the Agreement, Client’s connection to the Service, Client’s violation of the Agreement, or Client’s violation of any rights of another.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE USE OF THE SERVICE IS AT THE CLIENT’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “SERVICE” BASIS. SCOPOMAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SCOPOMAP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET CLIENT REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY CLIENT THROUGH THE SERVICE WILL MEET CLIENT EXPECTATIONS, AND/OR (V) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
When applicable, Scopomap, at its sole discretion, reserves the right to terminate a Client’s access to the Service and remove their Content for any one of the following events:
All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Scopomap and nothing in this Agreement shall transfer any ownership rights whatsoever to the Client. The Client retains ownership of any copyright and any other intellectual property rights related to the Client’s Content. Intellectual property rights in Content will not be transferred to Scopomap. Any feedback, comments, or suggestions you may provide regarding Scopomap or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Scopomap™, and all related logos, products and services described in this website are either trademarks or registered trademarks of Scopomap and (aside from “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Scopomap. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Scopomap and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Scopomap.
Notwithstanding the above, logos provided by Scopomap may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Scopomap or the Service. Scopomap logos may not be displayed in any manner that implies sponsorship or endorsement by Scopomap.
GENERAL MATTERS
Scopomap shall be entitled to transfer its rights and/or obligations under these Terms of Service to another party. The Client may not transfer it rights and/or obligations under the Agreement without prior written authorization by Scopomap.
Scopomap will pay and report all federal and state income tax withholding, social security taxes and unemployment insurance derived from the execution of this Agreement. Client will not be responsible for any taxes, social insurance or social liabilities generated from this transaction.
If either Client or Scopomap breach the Agreement, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of the Agreement turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
In the unlikely event that Scopomap has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Scopomap claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof in accordance with Australian Trade Practice laws.
You agree that the Service is based in Australia; and these Terms are governed by the internal substantive laws of Australia, without respect to its conflict of laws principles.
All Services to be provided, all obligations of Scopomap and all Communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
If Client has any questions about this Agreement, please contact:
Scopomap Client Services: [email protected].au
