Vicmap Position - GPSnet™ Terms & Conditions
1. WELCOME TO Vicmap Position - GPSnet™
The Licensor, Vicmap Position - GPSnet™, provides this service to you, subject to the following Terms and Conditions, which may be updated by the Licensor from time to time without notice to you. By using this service after 14 January 2010, you are agreeing to be bound by these Terms and Conditions, including all amendments made to date and after 14 January 2010.
2. ACCEPTANCE OF TERMS
Accessing or using the GPSnet™ information services therein ("the Service") to receive Data, constitutes acceptance of the Terms and Conditions in this document.
3. DESCRIPTION OF DATA
The Licensor is the custodian of certain Data detailed below ("the Data") which is the property of the Crown in right of the State of Victoria and has agreed to deliver to the Licensee the Data and to grant to the Licensee a non-exclusive non-transferable Licence to use such Data for valuable consideration upon the Terms and Conditions hereinafter contained
The Data is:
- Global Navigation Satellite System (GNSS) Continuously Operational Reference Stations(CORS) correction data recorded for post processing (all sites)
- GNSS CORS Global correction data propagated in real-time (at selected sites) For current information on GPSnet™ CORS details refer to the GPSnet™ Internet site below
- Horizontal and vertical coordinate information and geoid/ellipsoid (N value) correction information in relation to the GPSnet™ CORS antenna contained in the Data files or displayed in the GPSnet™ Internet site
4. USER FEES
A Licensee shall pay a user fee at the rate set by a Value Added Reseller (VAR) subject to their Terms and Conditions.New users can register on-line and receive access to GPSnet™ Status, Interactive Map and Atmospheric information free of charge. To gain access to GPSnet™ Real-time and Reference Data Shop and other services you must first purchase a subscription from a Value Added Reseller (VAR).
CORS Reference Station Hosts and approved Researchers may be granted exemption from user fees include GPSnet™ by a separate agreement. User fee exemption may be granted to a Licensee for online data downloads only.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of any new GPSnet™ properties, shall be subject to these Terms and Conditions. You understand and agree that the service is provided as is and that GPSnet™ assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any information.
6. MODIFICATIONS TO SERVICE
The Licensor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Licensor shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted after using the online Login to GPSnet™ for the first time and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
The information collected from this registration form is used and stored in compliance with the principles set out in the Victorian Information Privacy Act 2000.
The Licensee shall have the right:
- To use the Data only in the course of its ordinary business including compliance with any statutory obligations
- To make only sufficient copies of the Data as are reasonably required for operational and backup purposes, provided that all backup copies of the Data are kept in safekeeping and are in all respects subject to the provisions of this Agreement and that a Proprietary Notice or other notice required by statutory obligation shall be reproduced in or on such copies.
Title to, and ownership of the Data shall at all times remain exclusively with the Licensor and the Licensee by entering into this Agreement acknowledges such title and ownership of the Licensor. By virtue of this Agreement, the Licensee acquires only the right to use the Data but does not acquire any rights of ownership in the Data and undertakes and agrees not to assign, sell or trade the Data in any form in competition with the Licensor's Service without written permission of the Licensor.
11.1 The Licensee agrees to protect the Licensor's proprietary interest in the Data and to indemnify and keep indemnified the Licensor against any loss, costs, expenses, damages or liabilities, whether direct or indirect, arising out of the unauthorised use of the Data by the Licensee, its employees, servants, agents or others.
11.2 The burden of proof of licence is on the Licensee.
11.3 The Licensee shall maintain the Data in secure premises to prevent unauthorised disclosure The Licensee shall also produce, on request, a list of their employees/contractors having access to the Data.
11.4 The Licensee will notify the Licensor immediately if it observes or learns of an unlicensed party possessing any Data belonging to the Licensor.
11.5 The Licensee shall keep any Login details such as Organization, Username and Password or real-time correction signal radio frequency, and Internet Protocol (IP) address/Domain Name supplied for access to the Data secret and not disclose such Organization, Username and/or Password or real-time correction signal radio frequency to any other party or in any other manner infringe any proprietary interests of the Licensor and also agree for security purposes to change such passwords promptly as directed by the Licensor.
12.1 This licence shall remain in force until termination either:
by either party hereto at any time giving to the other of them three (3) months notice in writing; or
by the Licensor giving notice to the Licensee at any time after breach of any term of this by the Licensee;
PROVIDED THAT termination shall automatically occur without the need for the giving of notice in the event that:
- Any assignment shall be made of the Licensee's business for the benefit of creditors; or
- A receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of all or part of the Licensee's property; or
- The Licensee is declared bankrupt.
12.2 If this Licence is terminated for any reason the Licensee shall: cease using the Data and provide the Licensor with certification within five (5) days of termination that the Data and all copies thereof have been erased from all forms of the Licensee's digital storage or at the Licensor's option to return the Data and all copies thereof to the Licensor.
The Terms and Conditions apply for the period associated with your approved access to Vicmap™ Position - GPSnet™ online services and or Data and shall continue until terminated in accordance with the provisions of these Terms and Conditions.
14.1 To the extent permitted by law all conditions and warranties, statutory or otherwise, other than those expressed in this Agreement, are hereby excluded by the Licensor but to the extent that liability may not be excluded under any statute, the liability of the Licensor under such statute for any loss or damage suffered by the Licensee arising from the supply of the Data, delays, non-deliveries, mistaken deliveries or service interruptions, and the Licensor's liability under this Agreement shall be limited, at the option of the Licensor to the replacement of the Data, or the repair of the Data.
14.2 The Licensee acknowledges by acceptance of these terms that no promise, representation, warranty or undertaking has been made or given by the Licensor or any person or company on its behalf in relation to the profitability of or any other consequences of or benefits to be obtained from the delivery or use of the Data and that the Licensee has relied on its own skill and judgment in deciding to acquire the Data.
14.3 This document constitutes the entire agreement and understanding between the parties in relation to the supply of the Data.
14.4 Other than as set out in clause 14.1, under no circumstances shall the Licensor be liable for any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Data or any failure by the Licensor to perform any obligation or observe any term of this Agreement.
14.5 In the event of any such loss, damage, injury or loss of profit, indirect or consequential loss or damage, the only remedy of the Licensee shall be termination of this Agreement by the delivery up of the Data (or any part thereof) to the Licensor.
14.6 If notified promptly in writing of any action (and all prior claims relating to such action) against the Licensee based upon any claim that the use of the Data by the Licensee infringes a patent or copyright enforceable in Australia, the Licensor may, at its sole option, either:
- At its own expense undertake the defence of such action in which event, the Licensor shall pay all costs and damages (if any) awarded in any such action and the Licensor shall have sole control of the defence of any such action and all negotiations for its settlement or compromise; or
- Procure for Licensee the right to use the Data; or
- Modify the Data so that it no longer infringes the said patent or copyright; or
- Accept a return of such parts of the Data as infringe and refund to Licensee any fees paid to Licensor by Licensee in respect of such parts.
14.7 The Licensee will not remove or alter the GPSnet™ trademark and copyright notices, or related visual marks and logos, from information provided or from any authorized reproduction of such materials.
14.8 The Licensor shall use its best endeavours to ensure the prompt delivery of the Data to the Licensee but the Licensor does not warrant that the Licensee's access shall be uninterrupted during operating hours where applicable.
14.9 The Licensor shall use its best endeavours to ensure the availability of Data to the Licensee but the Licensor does not warrant the Licensee's access to continuous or complete Data.
14.10 The Licensee acknowledges that the Data has not been prepared to meet the Licensee's individual requirements and that it is therefore the responsibility of the Licensee to ensure that the Data meets its own individual requirements.
14.11 The Licensor will not be liable for delay in performing obligations or for failure to perform obligations if the delay or failure results from circumstances beyond the control of the Licensor (whether happening in the Commonwealth of Australia or elsewhere including but not limited to force majeure, acts of god, refusal of Licence, including refusal or revocation of any telecommunications organisation's consent in respect of data communication equipment, or other governmental act, fire, explosion, accident, industrial dispute, civil commotion or impossibility of obtaining material and/or data). The Licensor will use all reasonable endeavours to minimise any such delays. Upon cessation of the event giving rise to the delay, the Licensor shall, in so far as may be practicable under the circumstances, complete performance of the Licensor's obligations.
14.12 The Licensor will not be liable for any delay and/or damage, defect or deficiency in or to equipment, programmes and/or loss of the service or use thereof or any injury caused by or on account any telecommunications organisation's equipment, speeds and capabilities or any requirement of the telecommunications authority.
Risk in the media on which the Data is recorded shall pass to the Licensee on delivery of that media If any part of the said media delivered to the Licensee pursuant to this Agreement shall thereafter be lost, destroyed or damaged the Licensor may at its discretion replace the same (embodying the relevant part of the Licensor's then current version of the Data) subject to the Licensee paying the Licensor's full costs of such replacement.
16. ACCESS TO AND USE OF THE DATA
16.1 All data and services supplied by GPSnet™ may be used for lawful purposes only.
16.2 The Licensee may use the Data to produce digital and hard copy products in the course of its ordinary business including compliance with any statutory obligations. Any digital or hard copy products produced by the Licensee shall wherever reasonably possible make reference to the use of GPSnet™ data or any other notice as required by statutory obligation For example compliance refer to the new datum GDA94.
16.3 The Licensee shall not attempt to reverse engineer the Data or by any means use any outputs whether from the Data, any combination which includes the Data, or otherwise, to create data which is the same as or very similar to the Data, nor shall it permit any third party to do the same.
17.1 Any duty or sales tax or any other governmental charge levied in respect of the Data or any other goods or services supplied pursuant to this Agreement shall be payable by Licensee.
17.2 The Licensor may, at any time, assign all its rights and obligations under this Agreement. This Agreement is not assignable by the Licensee without the prior written consent of the Licensor.
17.3 This Agreement shall be governed by the law for the time being in the State of Victoria.
17.4 Whilst both the licensor and the licensee herein before described are deemed to have the legal status of either the Crown in right of the State of Victoria or a statutory body representing the Crown this Agreement is to be executed and read as merely giving rise to an arrangement between the parties; provided that at such time as either party acquires an independent or privatised status whereby it is no longer subject to Ministerial control and direction this Agreement shall be deemed to be of full force and effect.
GPSnet™ is registered in and by the State of Victoria as a business name (from April 2000 in three year intervals) and is also a registered trademark (from 17 January 2000 in ten year intervals).
19. Vicmap™ Position – GPSnet™
The Vicmap™ range of products includes GPSnet™ that provides data for both real-time and post-processing applications.