TERMS AND CONDITIONS
In these terms and conditions:
- 4D Mapper Pty Ltd (ABN: 44 605 773 939), is referred to as the Provider.
- The person accessing the Website and using the Services is referred to as the Subscriber.
- The website through which the Provider makes available the Services is referred to as the Website.
- The information hosting and related services provided by the Provider through the Website are referred to as the Services.
These terms and conditions are the entire agreement between Provider and Subscriber with respect to the provision of Services and use of the Software as a Service.
All prior representations and understandings, whether written or oral, are excluded.
The Subscriber must comply with all policies and procedures as published by the Provider on the Website from time to time.
Acceptance of these terms and conditions can only be full. Any purported alteration of the terms and conditions by the Subscriber is not binding on the Provider.
If any provision of these terms and conditions are held by a court of competent jurisdiction to be invalid or unenforceable, all the remaining provisions nevertheless continue in full force and effect.
2. Account Information and Acceptance
The Subscriber warrants that all information provided by the Subscriber to the Provider in relation to establishment of the Subscriber’s account is true and correct.
The Subscriber is responsible for protecting the Subscriber’s login details.
Subscribers who share their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Website.
The Subscriber must notify the Provider immediately if there is any unauthorised usage of the Subscriber’s account.
The Provider makes available its Services pursuant to a subscription model under which different pricing tiers are offered for different levels of service. The current list of pricing tiers is available on the Provider’s Website.
The Subscriber will pay the monthly fee for the Service selected by it as indicated on the Subscriber’s application form or any subsequent variation.
Subscription is monthly and renews automatically on the same renewal date of each month. There will be no pre-rated amounts for partial months used.
Pricing is subject to change by the Provider. The Provider will notify the Subscriber of any pricing change prior to the pricing change coming into effect.
A Subscriber, which does not agree to a pricing increase, may discontinue its subscription at any time, which will be effective at the end of that billed month. If the Subscriber accesses the Website and uses the Services after a price increase it will be deemed to have accepted the price increase.
Provider will issue invoices monthly to the Subscriber’s email address as listed in the Subscriber’s profile.
Monthly subscription fees may be paid via VISA, Mastercard or Paypal.
Payment discrepancies must be notified by the Subscriber to the Provider. Provider endeavours to rectify any discrepancy acknowledged as such by the Provider. If not notified within seven days of invoice or payment, payment amount will be deemed accepted.
5. Account Access
After the Subscriber has paid for the Services and the Subscriber’s form of payment has been cleared and made available to the Provider, the Subscriber’s account will become activated.
Once the Subscriber’s account has become activated, the Subscriber will then have full use and enjoyment of its account within the confines of its Subscription entitlement.
6. Refund Policy
If the Subscriber chooses to close its account, the account will remain active until the end of the current paid subscription month. No refunds will be provided for the unused portion of the month, if any, in which the Subscriber has closed its account.
No further charges will be charged to the Subscriber’s credit card or PayPal account after the end of the current paid subscription month.
In the event a Subscriber does not receive the Services for which the Subscriber has paid, a full refund will be provided for only the current paid subscription month. To receive this full refund the Subscriber must notify the Provider as soon as reasonably practicable that it is not receiving the Services for which it has paid.
No refunds, whether full or partial, will be issued for any months in which the Subscriber has not notified the Provider of an issue relating to their subscription Services.
7. Prohibited Conduct
The Subscriber agrees to conduct themselves in a professional manner when using the Website and Services, and agrees not to:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through the Website;
- attempt to or actually interrupt, negatively impact or alter the Website or Services operation in any way; or
- use the Website or Services in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory.
If, in the Provider’s sole opinion, the Subscriber has breached these terms and conditions, the Provider may terminate, suspend or restrict the Subscriber’s account with immediate effect.
Termination, suspension or restriction may occur without notice to the Subscriber.
If terminated or suspended, the Subscriber will be unable to access and use the Services.
These terms and conditions survive any termination.
After the Subscriber’s subscription is terminated by either party, the Subscriber will have the right to remove from the Website any data uploaded by the Subscriber to the Website. After a period of 60 days from the date of termination, the Provider may delete any Subscriber data uploaded to the Website.
9. Intellectual Property
All right, title, and interest in and to the intellectual property subsisting in the Website and the Services (as between the Provider and the Subscriber) remains with the Provider or its licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to the Subscriber by these terms and conditions.
Any and all specialty software, applications, and services, and products offered or may be offered by Provider are maintained by the Provider based on Subscriber’s agreement with the Provider. Hosting of these products and custom applications with Provider and use of such Services is offered as an additional service in addition to the Services. Subscriber may not claim ownership of any products or services created and owned by Provider and hosted within the Services; such are sole property of Provider including any and all intellectual property associated with such applications, products, or services.
The Subscriber authorises the Provider to use, store, reproduce and manipulate the Subscriber’s data to the Website in the provision of the Services to the Subscriber.
The Provider reserves the right, at its sole discretion, to modify or replace any part of these terms and conditions.
It is Subscriber’s responsibility to check the Website for changes.
If the Subscriber accesses the Website and uses the Services after a notified change to these terms and conditions, it will be deemed to be accepted.
The Provider may offer new features, functionality or services through the Website. Such new features and functionality, if offered, are offered subject to these terms and conditions.
11. Website Availability
No provider can guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Services will run and perform optimally.
However, Provider strives to keep such interruptions to a minimum, and, if possible, to give Subscriber advance notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
The Subscriber may not be able to reach the host server due to traffic conditions on the internet, problems occurring at Provider’s upstream provider’s facilities, or due to hardware or software component failure. These conditions are entirely out of Provider’s control. However, Provider will endeavour to restore access to the Services in a timely manner.
12. Limitation of Liability
To the fullest extent permitted by law, the Provider excludes all terms, conditions, warranties, and guarantees which might be implied into these terms and conditions.
The Provider’s liability to the Subscriber in respect of any claim made by the Subscriber arising out of the provisions of the Services is limited, at the option of the Provider, to the provision of the Services again or paying to provide the Service again.
The Provider is not liable for any loss of profits, loss of data, loss of revenue, loss of business opportunity or other head of damage commonly described as being indirect, incidental, consequential or punitive arising from the provision of the Website and Services to the Subscriber.
13. Measurement Accuracy Limitations
14. Applicable Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws applicable in New South Wales, Australia.
The Provider and the Subscriber agrees to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia