(a) Please read these terms carefully, as they apply to your use of this website including any content on it (this Website). By accessing or using this Website you agree to be bound by these terms of use.
(b) These terms were last updated on 12 May 2011. We might change these terms from time to time. When we make changes, we will put a notice on our website and make a new copy of the updated terms available here. If you continue to use our Website after we do so, you will be taken to have accepted the new terms.
(c) In these terms:
(i) we, us, nearmap.com and our means NearMap Pty Limited (ACN 120 677 250) of PO Box 1926, West Perth, Western Australia 6872, Australia; and
(ii) you means you personally, and where you are accessing this Website during the course of your employment also includes (except in section 8) your employer. Where you are accessing this Website during the course of your employment, you represent, warrant and undertake that you have authority to agree to these terms on behalf of your employer.
(a) Use of the nearmap.com PhotoMaps is governed by separate licence terms. The nearmap.com Photomaps are protected by copyright and possibly other intellectual property rights, and except as described in section 4 below you may only access, use or modify the nearmap.com PhotoMaps in accordance with those separate licence terms.
(b) In these terms, nearmap.com PhotoMaps means all of the photomaps and associated images (including terrain maps, 3D images and similar matter) and all associated content on our Website. The nearmap.com PhotoMaps do not include any overlaid street map information, or photomaps or other images used under licence from third parties, as referred to in section 3 below.
Overlaid street map information, or photomaps or other images that are used under licence from third parties, are owned by third parties and licensed under separate licence terms as described in our copyright and credits page.
(a) Our Website includes sample nearmap.com PhotoMaps. If you are eligible for our free personal / community licence or free commercial licence, or have entered into a paid licence with us, then those sample nearmap.com PhotoMaps are licensed under those licence terms.
(b) If you are not eligible for those licences (for example, you are a government entity) and you have not entered into a paid licence with us, then:
(i) we grant you a limited, non-transferable licence to view and use those sample nearmap.com PhotoMaps solely for the purpose of evaluating our nearmap.com PhotoMaps. You may not sublicence such rights to any other person; and
(ii) as stated in section 2 above, you may not otherwise access, use or modify any other nearmap.com PhotoMaps unless you have entered into a paid licence with us.
(c) Except for the rights expressly granted under paragraphs (a) and (b), we reserve all rights in relation to the sample nearmap.com Photomaps. Use of the sample nearmap.com PhotoMaps for any other purpose is prohibited.
(a) All other content on our Website (the Other Content) is protected by copyright and possibly other intellectual property rights. We grant you a limited, non-transferable licence to access and use the Other Content for your personal, non-commercial purposes only. You may not sublicense such rights to any other person.
(b) Except for the rights expressly granted in paragraph (a), we reserve all rights in relation to the Other Content. Use of the Other Content for any other purpose is prohibited.
(a) We encourage you to provide links to this Website. You may use the names “nearmap” or “nearmap.com” in the text of any such link, as well as the nearmap.com logo or any of our other trade marks as long as you only use these items to identify nearmap.com’s products or services. Your use must not mislead people as to any nearmap.com sponsorship, affiliation, or endorsement of your company, products, services or website.
(b) You must not frame this Website, or represent or imply that any part of this Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, or your use of our nearmap.com logo, name or other trade marks, you must immediately cease such activity.
(a) nearmap.com does not warrant the accuracy, completeness, or usefulness of any content provided on this Website, including third party content such as the content referred to in section 3 and content provided by users of our community forum.
(b) Messages posted in our community forum express the views of the author, and not the views of nearmap.com or any of its related bodies corporate.
(a) We may require you to register to use this Website depending on the purpose for which you intend to use it and the licence terms which apply to you. Also, certain features on this Website may only be available if you register, such as our community forum.
(b) When registering to use this Website, you may be requested to provide personal information such as your name, email address and date of birth. You may also choose to provide personal information when posting to our community forum. We will deal with your personal information in accordance with our privacy policy.
(c) Upon registration we will provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You agree not to share your password with anyone else.
(d) You must ensure that all registration information you provide to us is correct, and must not impersonate any other person.
(e) By registering, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.
(a) You must not provide any content through this Website (including in our community forum) (Content) that gives rise to any civil or criminal liability for you or us.
(b) By providing your Content to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify and otherwise exploit your Content in any form or on any medium and for any purpose.
(c) You must ensure that you have all necessary rights to grant us such licence, and that none of your Content infringes the rights (including intellectual property rights) of any other person.
(d) We may:
(i) take down or amend any of your Content; and
(ii) suspend or cancel your registration,
for any reason, including where we believe you have not followed these terms.
(e) We are not required to ensure the long-term storage of your Content. In addition to the rights described in paragraph (d), we may delete or archive old content on our Website at any time. If you wish to reuse your Content, it is your responsibility to keep a copy of it.
(f) You agree to indemnify and hold us (including any of our directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of your Content.
If you believe this Website contains content that is objectionable, or infringes copyright or any other rights, please contact us.
In using this Website, you must not:
(a) violate any applicable laws, or use this Website for any purpose that is unlawful;
(b) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(c) collect or store personal data about other users of this Website; or
(d) engage in any other conduct that inhibits any other person from using or enjoying this Website.
Subject to any rights you may have under a paid licence for the nearmap.com PhotoMaps referred to in section 2 above:
(a) we may suspend or deny, in our sole discretion, your access to or use of this Website without notice; and
(b) we may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.
This Website may contain links to other third party websites, and also advertisements which include embedded links. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
(a) Subject to sections 9(d), 9(e) and 12, we will try to ensure that this Website remains available, but cannot guarantee that this will be the case at all times. This includes where planned or unplanned maintenance occurs, or there are difficulties in internet communications.
(b) All express or implied guarantees, warranties, representations or other terms and conditions relating to these terms or their subject matter, not contained in these terms, are excluded to the maximum extent permitted by law.
(c) Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
(d) If any guarantee, warranty, term or condition is implied or imposed in relation to these terms by legislation and cannot be excluded (Non-excludable Provision), and we are able to limit your remedy for a breach of the Non-excludable Provision, then our liability for breach of the Non-excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(e) Subject to our obligations under the Non-excludable Provisions, and to the maximum extent permitted by law:
(i) our maximum aggregate liability for all claims under or relating to these terms or their subject matter, is limited to $1,000; and
(ii) we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue or goodwill.
(f) The exclusions and limitations in this section 14 apply regardless of whether a claim is in contract, tort (including negligence), in equity, under statute or on any other basis, and whether or not any loss or damage was foreseeable and even if we are advised of the possibility of the loss or damage.
(a) Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
(b) These terms are governed by the laws of Western Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australian and the Commonwealth of Australia.
(c) In these terms the word “including” is not a term of limitation.
(d) Any provision of these terms 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 is not affected.
(e) These terms are the entire agreement between the parties about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.
(f) The provisions of these terms which by their nature survive termination or expiry of these terms will do so.
