1. GENERAL TERMS AND CONDITIONS FOR ALL USERS
1.1 Ownership of Website The Website is owned and operated by Nearmap.
2. PROHIBITED USE OF WEBSITE
2.1 Limits on use of Website You agree that your use of the Website will not violate any law, contract, intellectual property or other third party right or constitute a tort, and that you are solely responsible for your conduct while using the Website. You must not (without the prior written consent of Nearmap):
(a) distribute, modify, transmit, reuse, report, or use the content of the Website for public or commercial purposes, including the text, images, audio and video;
(b) provide a link to another URL;
(c) upload content or other information to the Website;
(d) do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality;
(e) use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either;
(f) publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information;
(g) make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, "time bombs", “worms”, malicious codes, or any other harmful software;
(h) remove any content or information from the Website;
(i) falsify the true ownership of material or information made available via the Website;
(j) obtain or attempt to obtain unauthorised access, through whatever means, to the Website;
(l) attempt any of the above acts or engage, encourage or permit another person to do any of the above acts;
(m) share content or engage in behaviour that violates anyone’s Intellectual Property Rights; or
(n) violate applicable law.
3. INTELLECTUAL PROPERTY
3.1 Ownership Unless otherwise indicated, the Website and any No Charge Products which Nearmap may offer to you and all associated Intellectual Property Rights, data, information and software are owned by Nearmap and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. Nearmap reserves all of its Intellectual Property Rights.
4. NO-CHARGE PRODUCTS
4.2 Users The Licence is only to be used by you and/or specific individual(s) whom you have requested Nearmap provision access under the License (Authorised Users).
4.3 Acknowledge Nearmap source You and any Authorised Users must not remove or cause to be removed any Nearmap logo, watermark or other Nearmap attribution in any No Charge Products.
4.4 Password/ID Any password/ID issued by Nearmap to you and any Authorised Users are personal and confidential to that individual. If Nearmap suspects that any password/ID is being used by a different user to the individual whom it was issued to, Nearmap may:
(a) immediately cancel that password/ID; and/or
(b) immediately cease your access to the No Charge Products.
4.5 Use of No Charge Products You are not permitted to:
(a) use your access to the Website or the No Charge Products under this Licence for the purposes of creating a database of images for resale, distribution, sub-license or other commercial purposes and mass downloads or bulk feeds of any imagery; and
(b) pre-fetch, retrieve, cache, index, or store any content made available to you in connection with the Licence (Content), or portion of the No Charge Products with the exception being that you may store limited amounts of Content solely to improve the performance of the access to the No Charge Products due to network latency, and only if you do so temporarily for no longer than the period of the Licence, securely, and in a manner that does not permit use of the Content outside of the Licence, does not manipulate or aggregate any Content or portion of the No Charge Products and does not prevent Nearmap from accurately tracking usage and does not modify attribution in any way.
4.6 Confidentiality You and any Authorised User must keep the Licence and account access details secure and confidential. Unless otherwise authorised in writing by Nearmap, you must not share the Licence or Nearmap account access details with any person or third party other than (a) an Authorised User or (b) if required to do so by applicable law, administrative process or court order; provided, however, you will limit the disclosure to only that information that must be disclosed to comply with such law, process or order and will give Nearmap prompt prior notice of such compelled disclosure to the extent legally permitted, so that Nearmap may seek to protect such information. You must notify Nearmap immediately if you become aware that there is or has been an unauthorised use of your Licence and account access details, or any other security breach relating to your Nearmap account.
4.8 Product-Specific Terms. You agree to the Product-Specific Terms available at https://www.nearmap.com/au/en/legal/agreements-page that apply specifically to the No Charge Products.
5. Termination by Nearmap
6. THIRD PARTY PROVIDERS
(c) Amazon Web Services (AWS)
(ii) Acceptable Use Policy
(iv) Service Terms
(v) Trademark Use Guideline
(d) NASA /NCAS
7. WARRANTY AND LIABILITY
7.2 No Representations While Nearmap uses reasonable efforts to ensure the accuracy, correctness and reliability of the No Charge Products and the Website, Nearmap makes no representations or warranties as to the accuracy, correctness or reliability of any No Charge Products or content contained on the Website. The No Charge Products and the Website are subject to errors, omissions, inaccuracies and distortions and Nearmap will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on any of the No Charge Products or the Website. If you are a New Zealand customer, the purposes of this clause 7.2 is to expressly contract out of the Fair Trading Act 1986(NZ) to the maximum extent possible and the parties agree that it is fair and reasonable to do so.
7.3 No Liability for Claims To the extent permitted by law, in no event will Nearmap, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website or the No Charge Products, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise. This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from Nearmap.
7.4 Aggregate Limit In no event will the aggregate liability of Nearmap, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the No Charge Products and Website exceed $100.
7.5 Third Party Providers You acknowledge that Nearmap relies on the services of Third Party Providers in order to supply the No Charge Products. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, Nearmap will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party service provider.
Indemnity You agree to indemnify and hold Nearmap and its directors, officer, employees, agents and subcontractors, harmless from and against any third party Claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by Nearmap, which arises out of your use of the Website and the No Charge Products.
Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.
Commercial Purpose means to distribute, transfer, sell, sub-licence or pass possession of any No Charge Products (in whole or in part) for the purpose of direct commercial benefit or gain by you.
Companies Act means the Companies Act 1993 (NZ).
Corporations Act means the Corporations Act 2001 (Cth).
Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trademarks, patents, rights to protect confidential information and any similar rights.
Nearmap means Nearmap Australia Pty Ltd (ABN 16 120 677 250)(NZCN 6603574).
Related Companies has the meaning given in the Companies Act.
Related Parties has the meaning given in the Corporations Act, and also has the meaning of Related Companies in the case of a New Zealand customer.
Subsidiaries has the meaning given in the Corporations Act or the Companies Act.
Third Party Providers means third party providers of products and services to Nearmap.
Unlawful Purpose means any unlawful purpose, including but not limited to stalking, harassing or intimidating any person or engaging in misleading or deceptive conduct.
Website means all webpages and sub-sites available within the Nearmap.com domain http://www.nearmap.com.