PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY AND ALL TERMS INCORPORATED BY REFERENCE (TERMS OF USE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE OR THE PRODUCTS.
These Terms of Use do not alter the terms or conditions of any other agreement you may have with GIS Pro or its Related Parties or Subsidiaries for products, services or otherwise and those terms and conditions will take precedence where it conflicts with these terms. If you agree to these Terms of Use and are using the Website or Bushfire Pro App on behalf of an entity, you represent and warrant that you are authorised to accept these Terms of Use on such entity’s behalf, and that such entity will be responsible to GIS Pro if you violate these Terms of Use.
Definitions of capitalised words are set out in clause 8 of these Terms of Use.
1. GENERAL TERMS AND CONDITIONS FOR ALL USERS
1.1 Ownership of Website The Website and Bushfire Pro App are owned and operated by GIS Pro Pty LTD.
1.2 Modification of Terms of Use GIS Pro may, at its sole discretion, vary or modify these Terms of Use without notice. Any subsequent access to, or use by you of the Website or the Bushfire Pro App will constitute an acceptance of those modifications.
1.3 Accessing the Website You may use the Website or the Bushfire Pro App, and the information, writing, images and/or other works that you see, hear or otherwise experience on the Website solely for your non-commercial, personal purposes and/or to learn about the Bushfire Pro product and services, and solely in compliance with these Terms of Use.
1.4 Governing Law All terms and conditions found on the Website, including those within these Terms of Use are governed by the laws of Western Australia. By entering the Website or accessing the Bushfire Pro App you agree to submit to the exclusive jurisdiction of the Western Australian courts in the event of any dispute.
1.5 Severability If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.
2. USE OF THE BUSHFIRE PRO APP
2.1 Limits on use of the Bushfire Pro App You agree that your use of the Website, App or APIs 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 Bushfire Pro App. You must not (without the prior written consent of GIS Pro Pty Ltd):
(a) distribute, modify, transmit, reuse, report, or use the content of the Website or through an API 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 Bushfire Pro App 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 or Bushfire Pro App;
(j) obtain or attempt to obtain unauthorised access, through whatever means, to the Website or the Bushfire Pro App;
(k) use the Website or the Bushfire Pro App other than in accordance with these Terms of Use;
(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.
2.2 Information provided on the Website
(a) The information provided by GIS Pro, including but not limited to any information, data, statistics and/or insights made available on the Website or the Bushfire Pro App and any sub-pages such as blog posts, should be used as a guide only and should not be relied upon. Content available on the Website or the Bushfire Pro App is provided for general information purposes only for your own personal or internal corporate use.
(b) Whilst GIS Pro makes every effort to ensure that the information on the Website or via or the Bushfire Pro App is accurate, GIS Pro does not provide any warranties or representations, express or implied, about the suitability, relevance, accuracy, currency and reliability of the information on the Website or via the Bushfire Pro App.
(c) The information on the Website may change from time to time, at GIS Pro’s sole discretion.
3. INTELLECTUAL PROPERTY
3.1 Ownership Unless otherwise indicated, the Website and the Bushfire Pro App which GIS Pro may offer to you and all associated Intellectual Property Rights, data, information and software are owned by GIS Pro and are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. GIS Pro reserves all of its Intellectual Property Rights.
3.2 Trademarks The GIS Pro trademarks and all associated Intellectual Property Rights are owned by GIS Pro. Nothing in these Terms of Use confers upon you any rights to use or modify any of GIS Pro’s trademarks.
4. NO-CHARGE PRODUCTS
4.1 Licence
GIS Pro may offer certain products to you at no charge, including free accounts, trial use of products, and access to content via the Website or the Bushfire Pro App. Subject to your compliance with these Terms of Use and the law, GIS Pro grants to you a limited, non-exclusive, non-transferrable licence to use the the Bushfire Pro App subject to any additional terms that GIS Pro specifies and only for the period designated by GIS Pro (Licence). You may only use the Licence for the purposes of determining if you wish to purchase a licence from GIS Pro and at all times excludes any Commercial Purpose and Unlawful Purpose. GIS Pro reserves the rights to terminate your Licence at any time and for any reason in its sole discretion, without liability to you.
4.2 Users The Licence is only to be used by you and/or specific individual(s) whom you have requested GIS Pro provision access under the License (Authorised Users).
4.3 Acknowledge GIS Pro Source You and any Authorised Users must not remove or cause to be removed any GIS Pro logo or Bushfire Pro logo, watermark or other GIS Pro or Bushfire Pro attribution.
4.4 Password/ID Any password/ID issued by GIS Pro to you and any Authorised Users are personal and confidential to that individual. If GIS Pro suspects that any password/ID is being used by a different user to the individual whom it was issued to, GIS Pro may:
(a) immediately cancel that password/ID; and/or
(b) immediately cease your access to the No Charge Products.
4.5 Use of the Bushfire Pro App You are not permitted to:
(a) use your access to the Bushfire Pro under this Licence for the purposes of creating maps for resale, distribution, sub-license or other commercial purposes; 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 Bushfire Pro App with the exception being that you may store limited amounts of Content solely to improve the performance of the access to the Bushfire Pro App 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 Bushfire Pro App and does not prevent GIS Pro 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 GIS Pro, you must not share the Licence or GIS Pro 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 GIS Pro prompt prior notice of such compelled disclosure to the extent legally permitted, so that GIS Pro may seek to protect such information. You must notify GIS Pro 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 GIS Pro account.
4.7 Delete, Destroy and Return At the expiry of the period of the Licence, or if the Licence is terminated in accordance with these Terms of Use or in accordance with any other relevant terms and conditions, you must immediately destroy, delete or return to GIS Pro all access
4.8 Product-Specific Terms You agree to the Bushfire Pro App terms that apply specifically to the Bushfire Pro App.
4.9 Feedback Where you and/or your Authorised Users provide any written or oral feedback, comments, questions, suggestions or the like on features and functionality of a product, including but not limited to the Bushfire Pro App (Feedback), GIS Pro is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby irrevocably assign to GIS Pro, on your own behalf and on behalf of Authorised Users, all right, title, and interest in, and GIS Pro is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.
5. TERMINATION BY GIS PRO
Termination GIS Pro may, in its sole discretion prevent you from accessing the Website or APIs for any reason, including without limitation, if GIS Pro believes that you have breached these Terms of Use, act in a manner that clearly shows that you do not intend to, or are unable to comply with these Terms of Use.
6. THIRD PARTY PROVIDERS
6.1 GIS Pro engages Third Party Providers in order to provide the Bushfire Pro App. You agree that you will comply with all requirements and restrictions that Third Party Providers may impose on directly, or indirectly by imposition on GIS Pro, in relation to their respective products and/or services, at the time of, or subsequent to, these Terms of Use. You acknowledge that provision of the Bushfire Pro App are subject to, and dependent upon, adequate delivery of products and services by the Third Party Providers. In accordance with clause 6 of these Terms of Use, GIS Pro’s liability is reduced to the extent that loss or damage of any kind is caused, or contributed to, by Third Party Providers. For your convenience, GIS Pro has set out in this clause 6 links to the terms and conditions of these Third Party Providers with which you and any Authorised Users are required to comply. You further acknowledge that, by using the Licence and entering into these Terms of Use, you agree to comply with the respective terms and conditions of Third Party Providers, which currently include the Third Party Providers set out below. Third Party Providers and their terms of supply may change from time to time during your use of Licence.
(a) Google
GIS Pro engages Google to supply navigation and geo-location data, and related content. By entering into these Terms of Use, you agree to the Google Terms of Service as they apply to you.
7. WARRANTY AND LIABILITY
7.1 Exclusion of Warranties The Website, and the Bushfire Pro App are provided “as is”, and GIS Pro and its content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or validity of the Bushfire Pro App, any warranties as to any files you download from the Website or the Bushfire Pro App being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into these Terms of Use whether by law, statute or otherwise.
7.2 No Representations While GIS Pro uses reasonable efforts to ensure the accuracy, correctness and reliability of the Bushfire Pro App, GIS Pro makes no representations or warranties as to the accuracy, correctness or reliability of the Bushfire Pro App, or content contained on the Website. The Bushfire Pro App and Website are subject to errors, omissions, inaccuracies and distortions and GIS Pro will not be responsible for, or liable for any Claims made by or arising out of, any person or entity seeking to rely on Bushfire Pro App,Website or APIs.
7.3 No Liability for Claims To the extent permitted by law, in no event will GIS Pro, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website, APIs or the Bushfire Pro App, 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 GIS Pro.
7.4 Aggregate Limit In no event will the aggregate liability of GIS Pro, 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, Website and APIs exceed $100.
7.5 Third Party Providers You acknowledge that GIS Pro relies on the services of Third Party Providers in order to supply the Bushfire Pro App. Without limiting any of the above, for the avoidance of doubt, to the fullest extent permitted by applicable law, GIS Pro 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.
7.6 Indemnity You agree to indemnify and hold GIS Pro 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 GIS Pro, which arises out of your use of the Website, APIs and the Bushfire Pro App.
8. DEFINITIONS
In these Terms of Use:
API means the application programme interface made available by GIS Pro to you under the Licence.
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.
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.
GIS Pro means GIS Pro Pty Ltd (ABN 24 640 408 564)
Bushfire Pro means GIS Pro Pty Ltd Saas product
Related Companies has the meaning given in the Companies Act.
Related Parties has the meaning given in the Corporations Act.
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 GIS Pro.
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 bushfirepro.com.au: https://www.bushfirepro.com.au/.
You, your or you means the person or entity who or which is acquiring the right to use the No charge Products, Website or APIs under these Terms of Use.