TERMS OF USE​

Our Vision

We strive to provide and store Data that meets the FAIR data principles.

Your Freedoms

  • To Own: You maintain ownership of the Data you Upload

  • To Download: You may Download and use the Data from the Database for your personal, educational and research purposes.

  • To Create: You may produce works from the Data for your personal, educational or research purposes.

By clicking “Accept” you agree to the full terms of use of the Data and Database which are available here.

 

A. GENERAL TERMS OF USE OF THIS WEBSITE AND YOUR INTERACTIONS WITH US (General Terms)

B. UPLOAD TERMS

C. DOWNLOAD TERMS

INTRODUCTION

Welcome to GeoNadir of ACN 646 179 008, referred to as “we”, “us”, “our” or “ GeoNadir”. These are the General Terms of use of our website (https://www.geonadir.com/) and your interactions with us. By visiting our website, creating an account, using our services, Database or Data, you agree that you have read, understood, and agree to be bound by and abide by these Terms.  If you do not agree with these Terms, you must not use our services, Database, Data or website.  We may modify these Terms at any time, without notice to you.

A. GENERAL TERMS OF USE OF THIS WEBSITE AND YOUR INTERACTIONS WITH US (General Terms).

1. Definitions

The following definitions apply to these terms.

 

“Data” means any and all information, characteristics, images, sounds, words, audio-visual that make up part of the Database, whether in the form originally Uploaded or subsequently modified, combined or otherwise altered by us.

 

“Database” means a collection of Data arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this agreement.

“Download” means a permanent or temporary transfer of Data from the Database to another medium by any means or in any form.

“Intellectual Property Rights” means all present and future rights conferred by law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.

“Licence” means this licence agreement and is both a license of rights such as copyright and Database rights and an agreement in contract.

“Licensor” means the party offering Data or Database under the terms of this Licence.

“Moral Rights“ means rights of integrity of authorship or performership; rights of attribution of authorship or performership; rights not to have authorship or performership falsely attributed, conferred by the Copyright Act 1968 (Cth); and rights of a similar nature that exist, or may come to exist, anywhere in the world.  

“Person” means a natural or legal person or a body of persons corporate or incorporate.

“Upload” means a transfer of Data from another medium to the Database in a format acceptable to the Database.

“You” or “you” means a Person exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Date of the Database, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.

2. Account creation and access

2.1 If you create an account for yourself, we offer you a warm welcome and look forward to interacting with you.

2.2 If you create an account on behalf of another person or entity, then:

(a) “You” includes you and that person or entity; and

(b) You represent and warrant that you are an authorised representative of that person or entity with the authority to bind that person or entity to these Terms, and that you agree to these Terms on that person or entity’s behalf.

2.3 If you create an account on behalf of another person or entity without that other party’s consent, then you are personally responsible and liable for that account and all activity conducted under that account.

2.4 Our service offerings include the facilitating of a Database that allows for the Upload, storing, manipulation, combining, analysing and Download of certain Data as defined in, and subject to, these Terms.

2.5 You warrant and represent to us that you are at least 18 years of age and you are legally capable of entering into binding contracts.  If you are under 18 years of age, you warrant and represent to us that you have obtained consent from your parent or guardian and they agree to be bound by these terms on your behalf.

2.6 In order to use certain features of the website, you must open an account with us and provide the required information to us (“Account”). You must ensure that the information you provide to us is adequate, complete and current. You may not have more than one (1) Account. It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your Account whether you have allowed such activities or actions.  Any unauthorised use of your Account must be notified to us immediately.

3. General website terms

3.1 Your use of our website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain our site. However, we make no representations or warranties as to the safety of your individual use of our website.

3.2 All digital content available on https://www.geonadir.com/ including, without limitation, the Database and Data is protected by Australian and international intellectual and other laws and treaties.

3.3 We retain ownership of the Database and grant you a limited, non-exclusive, non-transferrable, and non-sublicensable license to use the Database as expressly set out in these terms.

4. Security

4.1 You are responsible for securing your username and password created with us from theft or any other unauthorised use of your account or this website.

4.2 We do not store any whole credit card numbers or payment information, which are processed through third party processors such as Stripe or PayPal.

4.3 By using third party payment processors to pay for Data or the storage of Data, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

5. Electronic Communications

5.1 We communicate with you electronically.  While we take all commercially reasonable steps and measures to identify and eliminate common viruses associated with electronic communication, electronically transmitted information cannot be guaranteed to be secure, virus free or error free.  We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you.

5.2 We make reasonable efforts to provide you with updated and reliable technology, software and platforms from which to access our website, Database and Data.  However, in the event of a technological failure concerning our website, the Database or Data, you agree not to hold us liable for any loss, damage, or inconvenience suffered by you.

5.3 Our website may use affiliate links to sell or to facilitate the sale products or services.  We disclaim any and all liability as a result of your purchase through any of these third-party services.  We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms.  You accept express liability for any and all consequences or benefits of selecting any affiliate links contained on this website or related communications.

​5.4 In respect of any links to websites not controlled by us, we take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

6. Confidentiality

6.1 You acknowledge that you may be provided with information which is not in the public domain (“Confidential Information”).

6.2 You must not use, disclose or copy Confidential Information in any form or in any manner except for the purpose of and to the extent necessary to interact with this website under these terms. You must use your best endeavours, including keeping such information in a safe place and implementing adequate security measures, to ensure that all Confidential Information is secure from unauthorised access, use, disclosure or copying by third parties.

6.3 The obligations in this clause do not apply if we have agreed in writing to the specific disclosure, use or copying of Confidential Information, or to the extent that the disclosure of specific Confidential Information is required to comply with any applicable law.  You must immediately notify us if you become aware of any breach of the obligations in this clause or any other unauthorised access, use, disclosure or copying by any third party, and must immediately notify us if you become lawfully obliged to disclose any Confidential Information to a third party and must comply with our lawful directions in relation to the disclosure.

7. Termination and suspension

​7.1 We may, in our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, and/or your access and/or use to all or part of the website including the Database and/or your Licence to any Data that you have licensed from us, with or without notice and for any reason including (but not limited to) breach of these terms, without incurring any liability. No such action on our part will affect any of our rights or your responsibilities under these terms.

7.2 In the event of termination by us, you must immediately:

(a) cease using any Data you have Downloaded;

(b) delete or destroy any copies of Data you have Downloaded; and,

(c) if requested, confirm to us in writing that you have complied with these requirements.

7.3 It is within our sole discretion to allow any user’s access to our website and any Data, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

7.4 You may terminate your access and/or licence to the Database and/or Data. In order to do this, please send an email to hello@geonadir.com to start this process.

7.5 Termination by you will not excuse you of any outstanding payments which will fall due immediately upon termination.

7.6 Your termination of your access and/or license to our website and/or Data and/or Database will immediately terminate any licence you have to our Database and Data which you must immediately cease using and destroy, save for any Data that you have Uploaded to the Database. You agree to respond to any request we may make seeking confirmation from you that you have ceased using and have destroyed any Data you have Downloaded.

7.7 Upon termination by either you or us, upon your written request we will provide you with a copy of any Data that you have Uploaded to the Database within sixty (60) days of your request. You agree that we are entitled to retain and use any Data you have Uploaded that we have subsequently manipulated and/or aggregated and/or merged and/or otherwise amended.

7.8 If in our reasonable opinion you are found to be slandering, libelling or otherwise disparaging us, our website, our service or our Database, then any license you may hold in respect of either the Upload or Download of the Data will be immediately revoked and we reserve the right to file a civil claim of action against you for any actions you take that materially harm us including our reputation.

8. Disclaimer

​8.1 While we do our best to keep our website up to date and error free, mistakes can occur. We make no warranty regarding accuracy, timeliness, truthfulness, completeness of reliability of any content obtained through the website (including the Data and Database) and do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.  If you have acted in reliance on a mistake on this website, we are not obliged to honour the mistake.

9. Assignment

9.1 You must not transfer, charge, assign or otherwise seek to deal with your rights or obligations under this agreement without our prior written consent.

10. Jurisdiction

10.1 These Terms shall be governed and interpreted by the laws of Queensland, Australia.  Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of Queensland, Australia.

10.2 Any problem, issue or dispute with us should be raised directly with us in the first instance.  If we cannot find a resolution to a problem, issue or dispute by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through mediation before filing any originating process in Court.

11. Privacy policy

​11.1 We are committed to protecting your personal information.  Please refer to our Privacy Policy which describes how we collect and manage your personal information.  By agreeing to and accepting these terms, you also agree to and accept the terms of our Privacy Policy.

12. Severability

​​12.1 If any part of these terms is held to be illegal, invalid or unenforceable by a court of law, the legality, validity and enforceability of the remaining parts will not be affected.

13. Waiver

​13.1 Any failure or delay by us to enforce any provision of these terms will not be interpreted as a waiver of our rights or remedies.

14. Entire agreement 

14.1 These terms are the entire agreement between the parties with respect to the rights granted here over the Database. It replaces any earlier understandings, agreements or representations with respect to the Database.

15. Limitation of Liability

15.1 Subject to any liability that may not be excluded or limited by law, we are not liable for, and expressly exclude, all liability for loss or damage however and whenever caused to anyone by any use of the website and/or Database and/or Data under these Terms, whether by You or by anyone else, and whether caused by any fault on the part of us or not.

15.2 This exclusion of liability includes, but is not limited to, any indirect, special, incidental, consequential, punitive, damages or costs,  exemplary damages such as loss of profit or revenue, data, goodwill, anticipated profits, business interruption and lost business arising from or in relation to your use of this website, our services, the Database or Data. This exclusion applies even if we have been advised of the possibility of such damages.

15.3 To the extent allowed by law, our liability to you for loss or damage arising from or in relation to the provision of our services, the Database, the Data, your use of the Database or Data, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to the total fees payable by you for our services, the Database or the Data.

15.4 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor.

15.5 Timelines, time estimates or delivery times are estimates only and we shall not be liable for any delay in performing, or any failure to perform, any of our obligations.

16. Indemnity

16.1 You agrees to indemnify and hold us harmless, our affiliates, licensors  and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable solicitor’s fees) arising out of or relating to you (or anyone acting on your behalf, including, without limitation, service providers):

(a) violation of this Agreement;

(b) use of the Data and/or Database in violation of law, rules or regulations; or

(c) use of the Data and/or Database in violation of third party rights.

16.2 Our website, Data and Database are provided for educational and informational use only. You agree to indemnify and hold us harmless as a result of your use of our website, Data or Database for any direct or indirect loss or conduct incurred as a result of your use of our website, Data or Database and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

16.3 You are liable for and will indemnify us, our employees and contractors from and against any liability, loss, claims, costs, damages or expenses that may result from any claims arising out of or in relation to the provision of our services or the Data or the Database, and will reimburse us for all costs and expenses (including legal fees on a solicitor/client basis) incurred by us in connection with any such action or claim.

B. UPLOAD TERMS

1. These Upload Terms are subject to our General Terms.

2. In the event that you Upload any Data onto the Database, you do so on the basis that the Data that you Upload:

(a) is owned by you or that you are otherwise authorised to Upload that Data onto the Database;

(b) does not contain any virus or other disabling or damaging features which interferes or may interfere with the operation of the website or the Database;

(c) does not overload, mine, scrape, spam or flood the website or the Database;

(d) does not infringe any Intellectual Property Rights of any third party nor give rise to any liability to make royalty or other payments to any third party;

(e) was not captured illegally, immorally or otherwise improperly;

(f) does not contain any illegal, immoral, corrupt, pornographic, incriminating, defamatory, offensive or otherwise damaging content.

3. You will not use the website or Database in a manner that could damage, disable or impair the website, Database or other Data on the Database.

4. You must not attempt to gain unlawful or unauthorised access to the website, Database, other resource material, computer systems or networks connected to any server associated with the website or database through hacking, password mining or any other improper or illegal means.

5. By Uploading Data onto the Database, you retain ownership of the Data but agree to provide us with a worldwide, unlimited, royalty-free non-exclusive, transferrable assignable license with the right to sublicense, all rights in and to the Data.

You grant us permission to save, amend, analyse, modify, combine with other Data or otherwise manipulate the Data that you Upload to the Database which may substantially change the Data that you Upload (the Enhanced Data)

6. You agree that once any Data you Upload has been subject to us amending, modifying, combining with other Data or otherwise manipulating the Data (and thereby becoming Enhanced Data), that we retain full ownership and title over the Enhanced Data. .

7. In respect of Moral Rights, including any rights to be identified as the author of the Data or to object to treatment that would otherwise prejudice the author’s honour and reputation, or any other derogatory treatment:

(a) For jurisdictions allowing waiver of Moral Rights, and to the extent permitted by law, you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any Moral Rights, whether occurring before or after this consent is given; and waive all Moral Rights that you may have worldwide, for pour benefit, our licensees, successors in title and anyone authorised by any of them to do any act comprised in any copyright in the Data.  You must not institute, maintain or support any claim or proceeding for infringement of any Moral Rights.

(b) If waiver of Moral Rights in the relevant jurisdiction is not possible, we agree not to assert any moral rights over the Data and waive all claims in moral rights to the fullest extent possible by the law of the relevant jurisdiction;

(c) For jurisdictions not allowing waiver or an agreement not to assert moral rights, you may retain your moral rights over certain aspects of the Data.

8. Where we provide you with guidance, suggestion or recommendation on ways, methods or parameters that you may adopt to capture the Data, you assume all responsibility for the capture of Data and agree to hold us harmless and indemnify us for any loss, damage or other adverse consequence as a result of relying on any guidance, suggestion or recommendation by us in capturing the Data.

9. Any Data that you Upload to the Database (whether in the form in which you uploaded it, or which has become Enhanced Data), may be available to other users who hold an account with us, subject to the Download Terms.

 

C. DOWNLOAD TERMS

1. These Download Terms are subject to our General Terms.

2. The rights granted are expressly made subject to your complying with the following conditions of use. These are important conditions of this agreement and if you fail to follow them, you will be in material breach of its terms.

3. In respect of any Data the you Download, except for any Data that you originally Uploaded onto the Database, we grant you a limited, non-exclusive, non-transferrable, terminable and non-sublicensable license to use the Database and Data for personal , educational ,  research, and commercial purposes,  and subject to your subscription level.

4. In respect of any Enhanced Data that you Download, and subject to your subscription level, we grant you a limited, non-exclusive, non-transferrable, terminable and non-sublicensable license to use the Database for personal, educational, research, and commercial purposes.

5. We reserve the right to limit the amount of Data or Enhanced Data that you may Download in a particular sitting, time frame or otherwise.

6. To the extent permitted by law, we exclude all warranties of any kind, whether express or implied, in respect of our services, including the Data and Database. We specifically disclaim any and all conditions of title, non-infringement, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or exclusion may not apply to you.

7. You agree that the Data and Database are provided “as is” and we provide no guarantee to you as to fitness for a particular purpose, acceptability of use, or relevance to your business, save for the Data or Database being consistent with any sample we have provided to you.

8. Our liability in respect of such warranties is limited to, in our discretion, the resupply of our services, the Data or access to the Database, or the payment of having the services supplied again.

9. You agree to indemnify us against all actions, claims, demands, costs, charges and expenses arising from any infringement or alleged infringement of any Intellectual Property Rights by the use of the Data or the Database.

10. If you have agreed to a payment plan or any ongoing payment obligation, you authorise our continued access to your financial information stored by our third party financial processing company until your payment plan is complete or otherwise terminated.

11. You may only download the Data to:

(a) a server owned and controlled by the Licensee; or

(b) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Data by Licensee only, as permitted under these Terms.

12. Except for the Data that you have originally Uploaded to the Database, nothing in this in this Agreement grants you any of the following rights, and you agree not to do or cause any of the following:

(a) resale or sub-licensing the Data or Database or any modification of it in source file form;

(b) resale or sub-Licensing of the Data or Database or any modification of it in a way that is directly competitive with the original Data or Database.

(c) making public or sharing the Data or Database in any way that allows others to download, extract, or redistribute Data or Database as a standalone file (meaning just the content file itself.

13. Any reference to the “download”, “purchase” or “sale” (or similar terms) of the Data or Database refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself.

14. You agree not to use any Data or Enhanced Data that you Download for illegal, improper, or immoral means or use.

Updated 4 Jan 2021