Welcome to Geoscape! It provides you with easy, online access to our Data.
These Geoscape Terms legally bind you where you:
- register for a Geoscape Account and you click the ‘I accept’ button to accept these Geoscape Terms when prompted; and
- access our Geoscape Website.
You agree that where you register a Geoscape Account or access the Geoscape Website, you do so on behalf of your organisation, unless you are registering such an account or accessing the Geoscape Website as an individual.
If you are using Geoscape as an employee, officer, agent, contractor or other representative of an organisation, you warrant to us that you have full legal authority to bind your organisation to these Geoscape Terms.
We’ve included a brief explanation of each part of these Geoscape Terms on the left side to help you understand them. However, it’s the words on the right side that legally bind you.
We allow you access to some of our Trial Data for you to see what Data we offer to our Subscribers. But we make no representation or any warranties regarding this Trial Data – is it just for you to see if you like what we offer.
This Trial Data is free, but we may cancel your licence to this data at any time.
You must not use this data for commercialisation purposes.
- Evaluating our Trial Data
- From time to time we may make Trial Data available through Geoscape.
- We grant you a limited, worldwide, non-exclusive, non-sublicensable, non-transferrable licence to use Trial Data strictly for the purpose of internally evaluating the suitability of Geoscape and the Trial Data for your business needs (the Permitted Purpose) in accordance with these Geoscape Terms.
- You must not commercially exploit Trial Data in any way, including by using it to develop capability (including machine learning capability), products, services, outputs or other material (including machine learning algorithms) for commercialisation or potential commercialisation.
- You may download Trial Data that we explicitly make available for download. However, you must not otherwise download, extract, scrape or otherwise harvest data from Geoscape.
- Your licence to use Trial Data may be:
- limited to the trial period nominated by us, which we may change by notice to you; and
- subject to other restrictions or limitations notified to you by us from time to time.
- We make no representations or warranties regarding the accuracy or correctness of the Trial Data, or that the Trial Data is suitable for your particular business needs.
- We warrant that we are entitled to grant you the licence to use the Trial Data pursuant to clause 1.2 and that the grant of that licence does not infringe the Intellectual Property of any third party.
Sometimes, our Subscribers have individuals that sign up on behalf of an organisation – that is completely fine.
However, the organisation has to ensure that anyone from this organisation is compliant with these Geoscape Terms. Make sure of these people (which we called Authorised Users), don’t do something you wouldn’t!
- Authorised Users
- You may authorise your employees, officers, agents, contractors and other representatives to use your Geoscape Account on your behalf. In these Geoscape Terms, they are known as your Authorised Users.
- You must ensure that each Authorised User complies with all the provisions of these Geoscape Terms as if they were a party to these Geoscape Terms.
- All acts and omissions of an Authorised User are deemed to be your acts and omissions for the purpose of these Geoscape Terms.
The features or functions on Geoscape or the Geoscape Website may change from time to time without notice to you, but we do not need to pass on any Upgrades that we make to Geoscape or the Geoscape Website.
Where we provide information or materials on the Geoscape Website, that is just to help give you information, and should not be relied on by you.
Lastly, we may need to vary these terms from time to time. But if you have a Geoscape Account with us, we will provide you notice before doing so, but if we do, you have a right to terminate your Subscription Agreement if you do not agree to the changes.
- Geoscape and Geoscape Terms
- We may vary the features, functions and other benefits available to you and your Authorised Users as part of Geoscape and the Geoscape Website from time to time, without any requirement to provide prior notice of the variation to you.
- Nothing in these Geoscape Terms imposes any obligation on us to develop, release or install for you any updates, upgrades, patches, bug fixes, new releases or new versions in respect of Geoscape (Updates). However, if we do develop or release any Updates, we may require that all such Updates be used by you and any Authorised User.
- Subject to clauses 12.1 and 12.2, we make the Geoscape Website and the information and material on the Geoscape Website available for general informational purposes only and we do not make any representations, warranties or guarantees of any kind, express or implied, as to the operation, suitability, accuracy or currency of the Geoscape Website or the information or material available on the Geoscape Website.
- You agree that we may vary these Geoscape Terms from time to time. Where you hold a Geoscape Account with us, we will provide you with 30 days’ notice of any changes to these Geoscape Terms, and these changes will be deemed to be accepted unless you notify us otherwise within 30 days of us providing you with notice. If you do not accept the changes to these Geoscape Terms, you may terminate your Subscription Agreement or provide us with notice that your Subscription Agreement will expire at the end of the then current Initial Term or Further Term (as these terms are defined in your Subscription Agreement).
Not everything on Geoscape or the Geoscape Website is ours! You acknowledge that we use other third parties for features or functionality on Geoscape or the Geoscape Website, and there are other terms from these third parties you will need to comply with.
As we can’t control what these third parties do, we make no representations or warranties regarding these Third Party Applications.
- Third Party Applications
- Geoscape and the Geoscape Website may interact with Third Party Applications, or require Third Party Applications or Third Party Providers be used to provide particular features or functionality.
- You acknowledge that these Third Party Applications are subject to Third Party Provider Terms (set out in clause 4.4), and you must ensure that your use (including use by any Authorised User) of these Third Party Applications complies with the relevant Third Party Provider Terms.
- We do not make any representations or warranties regarding any Third Party Applications.
- Geoscape uses Third Party Applications which are subject to the following terms (Third Party Provider Terms):
- Apollo Graph Manager:
- terms of service: https://www.apollographql.com/Apollo-Terms-of-Service.pdf;
- Amazon Web Services: https://aws.amazon.com/legal;
- Intercom: https://www.intercom.com/terms-and-policies#terms;
- Mapbox: https://www.mapbox.com/legal/tos;
- Sentry: https://sentry.io/terms; and
- Stripe: https://stripe.com/au/legal.
- Apollo Graph Manager:
Keeping our Data secure is very important to us.
You must ensure you take care of your passwords and usernames and ensure you protect these and not share these with anyone you shouldn’t.
If something happens to the usernames or passwords, or they are compromised, you must immediately notify us.
- Usernames and passwords
- You are responsible for maintaining, securing and protecting your username and password to access your Geoscape Account and used only by you or the Authorised User to whom they have been issued.
- You must:
- immediately notify us:
- if an Authorised User (which includes your employees, agents, officers, contractors or other representatives) ceases to be employed or engaged by you, or is no longer authorised by you to access Geoscape, and ensure that this Authorised User is no longer authorised to access and use Geoscape on your behalf; and
- and take immediate steps to disable the relevant username and password if a username and password is lost, stolen, missing or is otherwise compromised; and
- not transfer usernames and passwords or allow them to be transferred between Authorised Users or other individuals.
- immediately notify us:
- We reserve the right to change or revoke usernames and passwords at any time. If we do so, we will provide you with written notice.
You have a number of responsibilities and obligations when you access our Geoscape Website or Geoscape. You should familiarise yourself with these.
However, some of these include:
- not trying to reverse engineer or de-compile Geoscape or the Geoscape Website;
- tell us if you or an Authorised User breaches these Geoscape Terms;
- not try to circumvent or break any encryption we have in place; and
- not permit any other person but Authorised Persons to use Geoscape.
- Your responsibilities and obligations
- You are responsible for ensuring that your use, and use by your Authorised Users, of Geoscape complies with all applicable laws, regulations or codes of conduct and does not infringe the Intellectual Property or other rights of any person.
- You must:
- not modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of Geoscape or the Geoscape Website;
- immediately notify us you become aware of any breach of the provisions of these Geoscape Terms by you or an Authorised User;
- comply with any Documentation made available by us to you from time to time;
- not attempt to circumvent or break any encryption, decryption or other security device or technological protection measure contained in Geoscape;
- not distribute any part of Geoscape for commercial purposes or otherwise sub-licence or resell access to Geoscape;
- not permit any person other than your Authorised Users to use Geoscape; and
- not, and must ensure that your Authorised Users do not, upload any Unacceptable Content to Geoscape.
- If we reasonably believe that any Unacceptable Content has been uploaded to Geoscape, we may remove this Unacceptable Content.
We can’t always guarantee the availability of Geoscape or the Geoscape Website, but we will give you any notice of any scheduled downtime where reasonably practicable to do so.
We strive to make Geoscape and the Geoscape Website available 24/7, but from time to time Geoscape or the Geoscape Website, or some of their features or functions, may be unavailable (for example, due to scheduled or unscheduled maintenance of Geoscape, the Geoscape Website or PSMA Infrastructure). We will give you notice of any scheduled unavailability of Geoscape or the Geoscape Website, where we can reasonably do so.
If you create a Geoscape Account, you acknowledge we may terminate this at any time if you only opened it to take part in a Trial.
Where you use a Geoscape Account for other purposes (for example, you have purchased Data from us), we only terminate your Geoscape account for certain events, including:
- we terminate your Subscription Agreement for cause;
- you commit a breach of these Geoscape Terms not capable of remedy;
- you breach these Geoscape Terms but do not remedy this breach within 7 days of notice from us.
- If you are using Geoscape as part of a Trial only, we may terminate or suspend your Geoscape Account (at our discretion) with immediate effect and without cause by giving a termination notice to you.
- If you use Geoscape other than as part of a Trial (for example, as part of a Subscription Agreement), we may, by written notice to you, terminate your Geoscape Account with immediate effect if:
- you fail to comply with any written notice issued by us requiring you to remedy a breach, non-observance or non-performance of your obligations under these Geoscape Terms within seven days of receiving that notice from us;
- we terminate your Subscription Agreement as a result of you breaching your Subscription Agreement;
- you commit a breach of these Geoscape Terms which is incapable of remedy;
- you go into bankruptcy, liquidation, are wound up, become insolvent or have a receiver appointed over all or any substantial part of your assets; or
- you propose or enter into any schemes of arrangements with your creditors.
- Upon termination or expiry of these Geoscape Terms you must immediately cease using and ensure that each Authorised User ceases to use Geoscape and we may disable all of your, and Authorised Users’, usernames and passwords.
- The following clauses survive the termination or expiry of these Geoscape Terms: 4, 7, 10, 11, 12, and 13 of these Geoscape Terms.
We both agree not to tell anyone else about the secret information we get from each other. Also, we both agree to only use each other’s secret information as agreed to in these Geoscape Terms.
- Both parties:
- may use Confidential Information solely for the purposes reasonably contemplated by these Geoscape Terms;
- subject to 10.1(c), must keep confidential all Confidential Information; and
- may disclose Confidential Information only to (i) their employees, contractors and professional advisors who (A) are aware and agree that the Confidential Information must be kept confidential and (B) have a need to know the Confidential Information (and only to the extent that each has a need to know); (ii) as required by law or securities exchange regulation; and (iii) with the prior written consent of the other party.
- Each party must notify the other immediately if they become aware of any breach of confidentiality in respect of the Confidential Information and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.
All intellectual property, and the only rights you get to our intellectual property is as expressly set out in these Geoscape Terms.
- Intellectual Property
Unless otherwise set out in these Geoscape Terms (including clause 1), you acknowledge that nothing in these Geoscape Terms grants you any ownership of or rights in respect of the Intellectual Property in Geoscape, the Geoscape Website, our Data, or any Documentation.
Nothing in these Geoscape Terms should seek to exclude or limit any of your rights under the Australian Consumer Law.
However, other than where the Consumer Guarantees apply, we exclude all of our liability to you, and exclude any warranties regarding the performance of Geoscape or the Geoscape Portal.
- Liability and warranties
- If you are a Consumer and we supply PDH Services to you, we acknowledge that you may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Services supplied by us and nothing in these Geoscape Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
- If you acquire any services from us as a Consumer and the relevant services are non PDH Services, then our liability to you in connection with any breach of the Consumer Guarantees in respect of those services is, at our option, limited to:
- the supplying of the relevant services again; or
- the payment of the cost of having the relevant services supplied again.
- Subject to clauses 12.1 and 12.2 and notwithstanding any other provision of these Geoscape Terms:
- we will not be liable for any Loss suffered by you which arises out of or in connection with:
- any computer viruses or malicious code being transferred by or obtained as a result of the use of Geoscape or the Geoscape Website; or
- any hacking into, data security issues or other similar attacks on Geoscape or the PSMA Infrastructure;
- we do not warrant or guarantee that:
- your access to Geoscape or the Geoscape Website will be uninterrupted, error free or free from corruption, viruses, interference, hacking or other security intrusion; or
- Geoscape or the Geoscape Website will be accurate, reliable or fit for any particular purpose.
- we will not be liable for any Loss suffered by you which arises out of or in connection with:
- Neither party will be liable for any Consequential Loss (however caused) suffered or incurred by the other party in connection with these Geoscape terms.
Last are what the lawyers call the ‘boilerplates’. Don’t worry, you are nearly there!
This agreement is governed by the laws of the Australian Capital Territory.
Neither of us will be liable where there is a Force Majeure Event.
If some terms are void, unenforceable or illegal, then this should not impact the rest of the these Geoscape Terms, and should be removed from these Geoscape Terms.
- General provisions
- These Geoscape Terms are governed by the laws in force in Australian Capital Territory, and the parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.
- A party will not be liable for any failure to perform or delay in performing its obligations under these Geoscape terms if that failure or delay is due to a Force Majeure Event and it has provided notice to the other party of the Force Majeure Event.
- If any provision of these Geoscape terms is void, unenforceable or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and if this cannot be done, the entire provision is to be severed from these Geoscape terms without affecting the validity or enforceability of the remaining provisions of these Geoscape terms.
In these Geoscape terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Authorised Users has the meaning given in clause 2.1.
Confidential Information means any information provided by a party to the other party in connection with Geoscape or these Geoscape Terms but does not include information which is in or becomes part of the public domain, other than through a breach of these Geoscape Terms or of an obligation of confidence, or information which a party proves was independently acquired or developed without breaching any of the obligations set out in these Geoscape Terms.
Consequential Loss means:
- any form of indirect, special or consequential loss, including loss of reputation, loss of profits, loss of data, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
- any loss beyond the normal measure of damages.
Consumer has the meaning given in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Data means the information and data made available to you and Authorised Users through Geoscape.
Documentation means any manuals, guides, reference materials or other similar documents in any form made available by us to you in connection with Geoscape.
Force Majeure Event means any event arising from, or attributable to, acts, events, omissions or accidents which are beyond the reasonable control of a party.
Geoscape Account means the account that you register for in order to be able to access and use Geoscape.
Geoscape Portal means the data delivery platform which is made available by us at https://geoscape.app for the use by you or your Authorised Users from time to time including any Update to that platform implemented by us and any improvements to that platform.
Intellectual Property includes all patents, designs, copyright, trade marks or circuit layout rights and any right to apply for the registration or grant of any of the above.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent, and includes direct loss and Consequential Loss.
Personal Information has the meaning given to it under the Privacy Act 1988 (Cth).
PDH Services means services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
PSMA Infrastructure means the computer servers or other hardware used by us in connection with our provision of Geoscape.
PSMA Policies means our then current policies regarding the use of Geoscape, as we may notify you of from time to time.
Subscription Agreement means an agreement between you and us to subscribe to purchase our Data through Geoscape.
Third Party Application means any product, service, system, application or internet site integrated or interfaced with Geoscape that is owned or operated by a Third Party Provider.
Third Party Provider means any third party that products or services that are used by you or an Authorised User in connection with Geoscape.
Third Party Provider Terms has the meaning given to in pursuant to clause 4.4.
Trial means allowing you access to our Trial Data on a short term trial basis.
Trial Data means any Data that we allow you to access through Geoscape without signing up to a Geoscape subscription.
Unacceptable Content means:
- content which, in our reasonably held opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the Intellectual Property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
- content which is incorrect, false or misleading; or
- files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
We or us means PSMA Australia Pty Ltd (ACN 131 984 800).
You or your means the person (where an individual has agreed to these terms on their own behalf) or entity (where an individual has agreed to these terms on behalf of an entity) who registers with us for a Geoscape Account.