Network Map™ by Rosetta - TERMS OF USE AND DISCLAIMER - PLATFORM TERMS

Application

This website located at networkmap.com.au (Platform) is operated by Rosetta Analytics Pty Ltd ABN: 41 649 895 474 (we, our or us).

These terms and conditions (Terms) are entered into between us and you, the person using our Platform.

By accessing and/or using our Platform you:
(a) warrant to us that you have reviewed these Terms;
(b) agree that access to our software is subject to our Software Terms & Conditions (available on our Platform);
(c) warrant to us that you have read our Privacy Policy (available on our Platform);
(d) warrant to us that you are at least 13 years old and have the legal capacity to enter into a legally binding agreement with us; and
(e) agree to use our Platform in accordance with these Terms.


Information available on our Platform

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on our Platform (Content), the Content may change at any time without warning. To the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, currency, completeness or suitability of any of the Content. The Content may contain material, information, forecasts, proposals and opinions provided directly by third parties or which is publicly available (Third Party Material). The Third Party Material may change at any time without warning. To the extent permitted by law (including the Australian Consumer Law), we do not accept any responsibility for the accuracy or completeness of, or endorse, any Third Party Material. The Content is factual information only, is not comprehensive and is for general information purposes only. Our Platform and the Content does not constitute legal, financial, merger, due diligence or risk management advice. The Content is not targeted for a specific user or a user’s individual circumstances and does not contain all of the information that a user may require for making investment or financial decisions. Any person seeking to use the Content on our Platform should prior to relying on it:

(a) independently verify and check the currency, accuracy, completeness, reliability and suitability of that information including the Content and the Third Party Material;

(b) obtain independent and specific advice from appropriate experts or other sources and discuss with their independent adviser their personal investment objectives, financial situation and particular needs.

You rely on the Content at your own risk. To the maximum extent permitted by law (including the Australian Consumer Law), we accept no liability, and you waive and release us from any liability and for any damage caused by your reliance on our Platform and the Content or any unauthorised use. To the maximum extent permitted by law, we will not be liable for any consequential loss arising from your use of our Platform and the Content.

Availability

We do not warrant that access to the Platform will be uninterrupted, error-free or free from viruses.

Exclusion

The Platform is not government endorsed and must not be considered a substitute for industry initiative, government or regulatory advice regarding the location of underground pipes, cables, overhead lines and other essential service utilities. You must not use the Platform, or any of the Content, for your commercial purposes relating to determining the location of underground pipes, cables, overhead lines and other essential service utilities.

If you need access to this type of information, we suggest you conduct your own independent investigations. regarding the location of these items including consideration of Dial Before You Dig (https://www.1100.com.au/) and Look Up and Live (https://esv.vic.gov.au/campaigns/look-up-and-live/, https://www.essentialenergy.com.au/safety/look-up-and-live) (Industry Services). We do not control, endorse or approve, and are not responsible for, the content on the Industry Services or any advice provided by the Industry Services. We recommend that you make your own investigations with respect to the suitability of the Industry Services and to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability, caused or contributed to by, arising from or connected with your reliance on the information obtained from the Industry Services.

Intellectual property rights

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Platform (Our Intellectual Property). Subject to our Software Terms & Conditions, we authorise you to access and use the Platform solely for your own personal, commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property. You must not use our Platform, including the Content, in any way that competes with our business. Subject to the above, your use of, and access to, the Platform and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property. Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of the Content or Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.

Conduct we don't accept

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Platform into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Platform;
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.

Content you upload

If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. To the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with any claim by a person that any of your User Content infringes the intellectual property rights of any person.

Third party websites

The Platform may contain links to websites operated by third parties. We do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party websites linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

Our liability is limited

You may have certain rights under the Australian Consumer Law in relation to the Platform and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Platform or the Content.

Privacy

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Platform) sets out how we will collect and handle your personal information.

What happens if we discontinue the Platform

Subject to our Software Terms & Conditions, we may, at any time and without notice, discontinue the Platform (in whole or in part), or exclude any person from using our Platform.

Which laws govern these Terms

These Terms are governed by the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Platform. We recommend you check the Platform regularly to ensure you are aware of our current terms. If you do not agree to the amendment, you should cease using our Platform.

For any questions and notices, please contact us at:

Rosetta Analytics Pty Ltd ABN 41 649 895 474
Email: support@rosettaanalytics.com.au
Last update: 23 September 2021
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