Terms of Use – SigMap Website

[last updated October 2017]

By using this website you are agreeing to be automatically bound by these terms and conditions, including our Privacy Policy, Disclaimer and SigMap EULA, as applicable. We encourage you to carefully read and understand these terms before using the website or any of our services. If you don’t agree, your remedy is to stop using our website.

We may update our terms from time to time and the new provisions will apply from the date they are updated.

http://www.sigmap.com.au is made available by FlowBiz Pty Ltd ABN 96 092 808 814 of Unit 8, 5 McLennan Ct, North Lakes QLD 4509, Queensland, Australia. When you read words “SigMap “, “us”, “our” or “we”, it means FlowBiz Pty Ltd, and the words “you”, “user” or “your” means you, the user of this App.


Feedback, comments or complaints

If you have any questions, please contact us at [email protected] and we will usually respond to your enquiries within two business days.


No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions decompile, reverse engineer, or try to copy or imitate this website or underlying content


Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.


Copyright, Trademarks and other Intellectual Property

SigMap owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact [email protected] if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. Underlying map content is licenced from Google Maps.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on this website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Permission:: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.


Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please contact [email protected] with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.


Security

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.


Limitation of liability

SigMap will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of SigMap online services in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and will survive any termination or expiration of this agreement or your use of SigMap online services.


Indemnity

You agree to indemnify and defend SigMap from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of SigMap online service, or products or services included or advertised by SigMap; or
  • your breach of the SigMap terms of use, privacy policy, SigMap EULA, disclaimer and other terms and conditions notified to you.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the non-exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to [email protected] We may provide notice to you via email or other electronic means.

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.


Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.


Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms of use, together with our privacy policy, disclaimer and EULA form the entire agreement between you and us in respect of your use of this website and our online services.