Terms and Conditions

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

1. Terms of use

This website located at https://mapview.ai/ including all of its features, products, services and content  and includes apps (referred to in these Terms of Use as the Website) is owned and operated by MAPVIEW PTY LTD, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

These Terms of Use apply when you access, visit or use our Website and products and other services through the Website.

2. Access to Website

2.1 Becoming a Registered User

To use the Website, you must become a Registered User by setting up a Mapview Pty Ltd account (Account). To become:

1. A Free User, you must be 18 years of age or older and provide us with your personal information (including, but not limited to, your name, address and email); or
2. A Member User, you must be 18 years of age or older and provide us with your personal information (including, but not limited to, your name, address and email) and your credit card details or other payment method required for you to pay the Monthly Subscription Fee.

2.2 Using your Account

2.3 Acknowledgement of Service Providers’ Terms and Conditions

By becoming a Registered User and using your Account and Website you agree that you:

a) have read and agree to be bound by the terms and conditions of the following service providers (who will be collectively referred to in these Terms of Use as Service Providers):

1. 1. Google at https://developers.google.com/terms
   2. Mapbox Inc – https://www.mapbox.com/legal/tos
   3. Open Street Maps at https://www.openstreetmap.org/copyright
   4. Global X Pty Ltd at https://globalx.com.au/terms-conditions/
   5. LandDATA Victoria at https://www.landata.online/tpc_help_disclaimer.aspx;
   6. Department of Environment Land, Water, and Planning at https://www.environment.vic.gov.au/biodiversity/victorian-biodiversity-atlas/terms-and-conditions
   7. Commonwealth of Australia in respect of census data at https://www.abs.gov.au/website-privacy-copyright-and-disclaimer#copyright-and-creative-commons;
   8. State of Victoria at https://www.vic.gov.au/copyright;
   9. State of New South Wales at https://www.nsw.gov.au/copyright
   10. State of Queensland at https://www.qld.gov.au/legal/copyright;
   11. Sunshine Coast Council at https://www.sunshinecoast.qld.gov.au/Terms-of-Use;
   12. Moreton Bay Regional Council at https://www.moretonbay.qld.gov.au/Council/Governance/Copyright;
   13. Brisbane City Council, Redland City Council, City of Gold Coast, Logan City Council; Ipswich City Council and Noosa Shire Council at https://www.brisbane.qld.gov.au/about-council/privacy-and-legal;
   14. the Australian Curriculum, Assessment and Reporting Authority at https://www.acara.edu.au/contact-us/policies;

b) acknowledge that in the event of an inconsistency between these Terms of Use and the terms and conditions of our Service Providers, the terms and conditions of our Service Providers prevail to the extent of any inconsistency; and

c) you acknowledge that the terms and conditions of our Service Providers may be amended from time to time and those amendments will apply to these Terms of Use; and

d) you acknowledge that this Website includes products and services and generates , including any reports our Service and Property Reports are generated based on data provided by our Service Providers and this data is subject to the disclaimers contained in these Terms of Use.

2.4 Important Account Information

You acknowledge and agree that:

1. As a Registered User of the Website, you will be required to pay a Monthly Subscription Fee and you will continue to pay the Monthly Subscription Fee for each Subscription Period unless you are a Free User.
2. When you become a Registered User, your Subscription Term commences upon registration.
3. You must pay the Monthly Subscription Fee via credit card, or such other payment method as we permit from time to time.
4. Monthly Subscription Fees are paid in advance of each Subscription Term;
5. We reserve the right to determine different subscription levels and associated product and service offerings at any time and vary the Monthly Subscription Fee relevant to those subscription levels. You must pay the Monthly Subscription Fee as determined according to Your subscription level and as advised by us;
6. We may increase the Monthly Subscription Fees at any time by giving you notice. Your continued use of our Website following this notice indicates your acceptance of this increase and agreement by you to pay those increased Monthly Subscription Fees;
7. You may terminate your Account at any time by advising us in writing but we do not offer refunds. If you cancel your automatic recurring payment, you will be able to access our Website until your Subscription Term expires;
8. We may terminate or suspend your access to, and use of, our Website and Account if you are late in payment of any Monthly Subscription Fees under these terms of Use.
9. these Terms of Use will be effective for the duration of each Subscription Term, unless amended in accordance with the Terms of Use.

2.5 Consent to communicate with you

By becoming a Registered User and using our Website you acknowledge and agree that we, and Our Service Providers, may communicate with you for the purposes of:

1. your use of the Website;
2. responding to any correspondence you make with us
3. fulfilling and request that You make of Us
4. administering, operating, maintaining and generally managing the Website;
5. providing you with information about the Website;
6. notifying you of any changes to, enhancements of, or outages that may affect the Website;
7. providing you with the opportunity to ‘opt-in’ to receiving promotional material from time to time from us or our Service Providers; and
8. providing you with the opportunity to ‘opt-in’ to provide your consent to participate in enhancements to or new features of the Website which may include for example using property or other information uploaded by you on the Website.

3. Conditions of Use of our Website

3.1 Non Permitted Use

You must not use our Website, or permit any third party to use our Website in any way that infringes:

1. Our Intellectual Property Rights;
2. The Intellectual Property Rights of our Service Providers;
3. The Intellectual Property Rights of suppliers of database services to our Service Providers; or
4. Any other third party’s rights, including Intellectual Property Rights

3.2 Limitations on Use

a) The Website is for your personal, lawful use only and not for commercial exploitation. You must not:

1. 1. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the content, and not infringe the Intellectual Property Rights of Mapview, our Service Providers and other third parties;
   2. use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Website or any transaction or use being conducted on the Website;
   3. probe, scan or test the vulnerability of the website or any network connected to the Website, nor breach the security or authentication measures.
   4. use any robot, spider, page- scrape, deep-links, other automatic software or device, algorithm or manual process to access, acquire, copy or monitor any portion of our Website or its content without our prior written permission.
   5. copy, modify, reproduce, republish, distribute, upload or repost to another site on the Internet, “frame” the material on the Website with other material on another website, display, store in any storage media, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted by the Terms of Use.
   6. attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or the our server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
   7. take any action, including excessive use of the Website that either does or may impose and/or damage (in our sole discretion) any unreasonable or disproportionately high load on the Website and its infrastructure;
   8. take any action, including excessive use of the Website that either does or may hinder and/or prevent (in our sole discretion) us from providing the Website and its infrastructure.

b) You must not modify or copy the layout of the Website or any computer software and code contained in the Website.

c) We reserve all Intellectual Property Rights, including, but not limited to, copyright in material or services provided by or on the Website.

d) We reserve the right to limit the amount of data that will be capable of being accessed by Registered Users, regardless of subscription level if we consider that that user’s use of data for the Subscription Term is an excessive and unreasonable amount.

e) You warrant that your access to and use of the Website is not illegal or prohibited by any applicable Laws, in force from time to time, in your relevant jurisdiction.

f) Where you access content from our Website that, subject to the terms and conditions of our Service Providers, permits you to create Derivative Works then the following will apply to that derivative works, on the following terms:

1. You must not remove any logos, watermark or attribution from the Derivative Works;
2. You may continue using Derivative Works following termination or expiration of these Terms; and
3. Where Derivative Works include, embed or incorporate all or part of content from our Website, the rights to the Intellectual Property right of the embedded or incorporated Imagery remains the property of us or our Service Providers

3.3 Uploading information into our Website

The Website may have a functionality provided to you that permits you to upload information to the Website or communicate to us or other Registered Users or third parties.  You represent and warrant in relation to any material or information you provide to the Website that:

1. you are authorised to provide the material or information;
2. the material or information is not offensive, threatening, defamatory, obscene, indecent, incorrect, fraudulent, defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
4. the material or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
5. the material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material or information is or will be available electronically to users of this Website.

3.4 License to use intellectual property uploaded onto our Website

By uploading content to or submitting any materials for use on this Web Site that is protected by intellectual property rights, you

1. grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, right and license,  with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe and in any jurisdiction in which the Website is available to users.
2. agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

3.5 Links to other websites

a) This Website contains links to sites on the Internet owned and operated by our Service Providers and third parties and which are not under our control.

b) In relation to the other sites on the Internet, which are linked to the Website, we:

1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
2. are not responsible for the material contained on those linked sites.

3.6 Removal of information

3.7 Privacy and Use of personal information gathered

a) We and any people or legal entities authorised by us may gather and process the personal information:

1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

b) We may authorise others to offer you goods and services using the information acquired, as described above.

c) To the extent that we collect personal information we will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy [www.mapview.ai/privacy-policy/] (Privacy Policy) for details of how we collect, store and use your personal information.

d) By using our Website in accordance with these Terms of Use, you consent to the collection, use, disclosure and storage of your personal information in accordance with our Privacy Policy

4. Warranties, Liability and Indemnity

4.1 Website Provided on an “As is, As Available” Basis

This web site is provided on an “as is, as available” basis. Mapview Pty Ltd expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Mapview Pty Ltd disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

1.  any errors in or omissions from this Website and the content, including but not limited to technical inaccuracies and typographical errors,
2. any third party web sites or content therein directly or indirectly accessed through links in this web site, including but not limited to any errors in or omissions therefrom
3. The breach by you of our Service Providers’ terms and conditions
4. the unavailability of this Website or any portion thereof,
5. your use of this Website, or
6. your use of any equipment or software in connection with this Website.

4.2 Disclaimer

a) We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website or linked sites on the Internet and your use of our Website is entirely at your own risk.

b) To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.

c) We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if you have advised us of the possibility of such loss of profits or damages) which are the consequence of you:

1. acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and

d) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites

e) We do not warrant, guarantee or make any representation that:

1. the Website, or the server that makes the site available on the Internet are free of software viruses;
2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
3. errors and defects in the Website will be corrected.

f) We are not liable to you for:

1. errors or omissions in the Website, or linked sites on the Internet;
2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

g) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

h) Any condition, warranty or guarantee that legislation applies to the supply by us of products in connection with the Website under these Terms of Use is taken to be included in these Terms of Use, if that legislation renders void or prohibits contractual provisions which:

1. exclude, restrict or modify; or
2. which have the effect of excluding, restricting or modifying,the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (Non-excludable Guarantee). 

4.3 Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, we, Mapview Pty Ltd, our respective officers, employees and agents and each of our Service Providers:

a) exclude all liability for

1. any costs, losses, injury, claim, liability, or damages of any kind resulting from your use of this Website, content and the interactive areas of this website or any facts or opinions appearing on or through any interactive area or as a consequence of removing any material or information from this Website or in relation to or in connection with any material or information supplied in respect of advertising on this Website.
2. any, direct, indirect, incidental, or consequential, incidental, special exemplary or punitive loss or damages of any kind whatsoever (including, without limitation, loss of revenue, business profits, data, goodwill, opportunities) suffered by you in any way due to, resulting from, or arising in connection with the use of or inability to use this Website or the content regardless of the basis of such liability and even if advised of the likelihood of such loss. 

b) Our aggregate liability to Registered Users in connection with these Terms of Use is as follows:

1. Free Users, in connection with these Terms or User’s use of Products to the amount of $1.00;
2. Member Users to an amount equal to the total Monthly Subscription Fees that you have paid to us during your Subscription Term capped at 1 Month;

4.4 Indemnity

You agree to indemnify, defend and hold harmless Mapview Pty Ltd, its officers, directors, employees, agents, licensors, suppliers and any third party information providers, including our Service Providers to the Website (Those Indemnitifed) from and against all losses (including reasonable (legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

1. any breach of these Terms of Use by you;
2. any wilful misconduct by you;
3. any unlawful or negligent act or omission by you;
4. any breach of our Service Providers’ terms and conditions; and
5. any breach by you of third party Intellectual Property Rights
6. publication of or distribution of the material or information supplied by you.

5.  Suspension and Termination of access

a. We may terminate access to the Website at any time, by giving you 30 day’s notice without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

b. We may, at any time, by reasonable notice to you and where reasonably possible, temporarily, or indefinitely, suspend, disable or terminate your access to your Account or the Website, if any one or more of the following applies:

1. Maintenance, routine or otherwise, is required to the Website or your Account
2. Operational, administrative or security related tasks are required to be performed to the Website or your Account;
3. We reasonably believe that you are in breach of any provision of these Terms of Use;
4. We reasonably believe that you cannot perform your obligations under these Terms of Use;
5. You have not paid your Monthly Subscription Fees as required under these Terms of Use
6. Our Service Provider requires us to do so;
7. We reasonably believe that you have engaged in conduct that violates the terms and conditions of our Service Providers and/or brings our Website or any of our Service Providers into disrepute.

c) We reserve the right to terminate your Account and these Terms of Use with immediate effect by notice if you breach these terms of Use, and you fail to remedy the breach within 7 days of any written notice to remedy (if required by us).

d) (if so capable), the breach is capable of remedy and You fail to remedy it within 7 days of receiving written notice requiring it to be remedied.

5.2 Effect of Suspension or Termination

Upon the termination or expiration of these Terms of Use:

1. You must pay us any outstanding Monthly Subscription Fees; and
2. We will refund any portion of the Monthly Subscription Fees (on a pro rata basis) from the date of termination (at our sole discretion);
3. Your user name and password for your Account will expire after 30 days
4. Clauses 4 (Warranties, Liability and Indemnity), 5 (Suspension and Termination of Access), 6 (General Provisions), 7 (Dispute Resolution) and 7 (Definitions) survive.
5. Rights accrued prior to the termination, or otherwise relating to or arising from any breach of obligation of these Terms of Use prior to the time of termination do not extinguish or otherwise affect any rights of any party against the other and survive termination

6. General provisions

6.1 Alteration of Terms of Access

We reserve the right to change these Terms of Use:

• with or without further notice to you; and
• without giving you any explanation or justification for such change.

6.2 Intellectual property rights

6.4 Dispute Resolution

1. A party to these Terms of Use may not commence legal proceedings, except proceedings seeking urgent interlocutory or other equitable relief for disputes in relation to this Agreement without first complying with the dispute resolution procedures in this clause.This is a condition precedent to
2. If a dispute arises between the parties, the parties to the dispute undertake in good faith to use all reasonable endeavours to settle the dispute by negotiation as follows:
3. The affected party will serve a dispute notice (Dispute Notice) on the other party inviting them to meet within 14 days of receiving the Dispute Notice to attempt to resolve the dispute
4. If the dispute cannot be resolved within 30 days of the Dispute Notice, the dispute can be escalated to our Executive General Manager (EGM) who will meet with you and attempt to resolve the dispute.
5. Should the dispute not be resolved after meeting with the EGM, either party may refer the dispute to mediation with a mediator agreed by the parties and no agreement can be reached, then a mediator appointed by the Victorian Law Society
6. The parties will mediate the dispute with the appointed mediator within 30 days of that appointment and use all reasonable endeavours to settle the dispute.
7. Both parties will share in the cost of the mediator in equal shares.
8. If the dispute cannot be resolved in accordance with this clause, either party may by notice in writing of at least 14 days to the other, refer the dispute to legal action.
9. Service of notice is a condition precedent to the commencement of any litigation proceedings.
10. This clause survives termination of these Terms of Use.

6.5 Miscellaneous

1. Entire Agreement – These Terms of Use embody the entire understanding of the parties, and constitutes the entire terms agreed by the parties; and supersede any prior agreement of the parties
2. Assignment – You must not assign, transfer or otherwise deal with any right under these Terms without Our prior written consent, which will not be unreasonably withheld. We may assign or novate Our rights and obligations under these Terms to any person by notice to You.
3. Waiver – Failure by us to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under this Agreement by us does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under this Agreement.
4. Severance – Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms of Use is not affected.

6.6 Relevant jurisdiction

1. If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
2. These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
3. You agree to the jurisdiction of the courts of the State of Victoria, Australia to determine any dispute arising out of these Terms of Access.

7. Definitions

We, Us or Our means Mapview Pty Ltd ABN 20 634 478 121;