Terms & conditions

Terria Demonstration Platform Terms and Conditions

Welcome to Terria Demonstration Platform Services! We provide an open-source framework for geospatial visualisation (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Terria Pty Ltd (ACN 678 401 084). 

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy (on the Site) which sets out how we will handle your personal information;

  • clause 1.8 (Variations) which sets out how we may amend these Terms; and

  • clause 7 (Liability) which sets out exclusions and limitations to our liability under these Terms. 

While we use reasonable attempts to ensure the accuracy and completeness of the content, data, maps and materials, including content, data, maps and material derived or provided from third-parties, on the Site (Content), to the extent permitted by law, we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice, and we do not undertake to keep the Site up-to-date. The Content Is factual information only, is not comprehensive and is for general information purposes only. 

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.

1.3 Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

1.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

1.5 Our Services are to be used as a demonstration of our future services. You acknowledge that because of the demonstration and developmental nature of our Services, to the maximum extent permitted by law, you use them at your own risk and we have no obligation to maintain or provide error corrections and we may discontinue those services at any time at our sole discretion.

1.6 We may use third-party services within our Services, including Google Maps and Google Earth mapping services and Google Maps APIs. Your use of these third-party APIs are subject to their Terms of Use

Your access to and use of Third Party Datasets (including Google Maps but not limited to) may be governed by additional terms and conditions, which may different for each dataset. You are responsible for checking the terms and conditions that apply for any Third Party Datasets you wish to access and use through the Platform. You are also responsible for ensuring that your access to and use of any Third Party Datasets through the Platform does not breach any licences, laws, or these Terms. If you have any questions about Third Party Datasets or their associated terms and conditions, you should contact the owner or custodian of the Third Party Dataset listed in the relevant metadata or identified on the relevant webpage.

Third Party Datasets are not owned, provided, or endorsed by us. They are provided “as is” and we do not guarantee their availability, timeliness, accuracy, completeness, or reliability. You access and use Third-Party Datasets at your own risk so you should use your own independent skill, care, and judgment and exercise appropriate caution. 

1.7 Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

1.8 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.

2. Licence

2.1 During the Term, we grant you a right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person. 

2.2 You must not:

a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;  

b) interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;  

c) introduce any viruses or other malicious software code into the Services;  

d) use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;

g) attempt to access any data or log into any server or account that you are not expressly authorised to access;  

e) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;

f) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or 

g) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

3. Availability, Disruption and Downtime

3.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

3.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

3.3 We do not provide any warranty of any kind in relation to the Services, including: 

  • warranties that Services are bug and error free;

  • warranties about the availability of the Platform or any information or data provided through the Platform;

  • warranties that any information or data uploaded to the Platform and the Site will be uploaded without error or will be accurate, complete or reliable; and

  • warranties relating to merchantability, fitness for a particular purpose or non-infringement of another party’s intellectual property rights.

4. Intellectual Property and Data

4.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

4.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions. Your Data

4.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

a) supply the Services to you (for example, to enable you to access and use the Services), and otherwise perform our obligations under these Terms;

b) diagnose problems with the Services;

c) improve, develop and protect the Services;

d) send you information we think may be of interest to you;

e) perform analytics for the purpose of remedying bugs or issues with the Services; or

f) perform our obligations under these Terms (as reasonably required). 

4.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.

4.5 You are responsible for (meaning we are not liable for):

a) the integrity of Your Data on your systems, networks or any device controlled by you; and

b) backing up Your Data.

4.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

4.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.

4.8 This clause 4 will survive the termination or expiry of these Terms.

5. Confidential Information and Personal Information

5.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

5.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

5.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

5.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

5.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers).

5.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

5.7 This clause 5 will survive the termination or expiry of these Terms.

6. Consumer Law Rights

6.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. 

6.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). 

6.3 This clause 6 will survive the termination or expiry of these Terms.

7. Liability

7.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:  

a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or

b) any use of the Services by a person or entity other than you.  

c) Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:  

7.2 neither we or you are liable for any Consequential Loss; 

a) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; 

b) (where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.  

d) This clause 7 will survive the termination or expiry of these Terms.

8. Suspension and Termination

Suspension

8.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

8.2 We may terminate these Terms (meaning you will lose access to the Services) if:

a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

b) you breach these Terms and that breach cannot be remedied; or

c) we decide to discontinue the Services, in which case we will provide you with written notice;

d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

8.3 You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach.

a) You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 9.8), and termination will take effect immediately.

b) Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.

c) Termination of these Terms will not affect any other rights or liabilities that we or you may have.  

d) This clause 8 will survive the termination or expiry of these Terms.

9. General 

9.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

9.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

If the Dispute is not resolved at that initial meeting:

a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Canberra, Australian Capital Territory, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules. 

9.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

9.4 Governing law: These Terms are governed by the laws of Australian Capital Territory, and any matter relating to these Terms is to be determined exclusively by the courts in Australian Capital Territory and any courts entitled to hear appeals from those courts. 

9.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

9.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

9.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

9.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

9.9 Professional Services Disclaimer: The Services do not constitute, and are not a substitute for, financial, legal or risk management advice.

10. Software Attribution 

The Terria Demonstration Platform is based on TerriaJS, initially developed by CSIRO’s Data61 to assist with spatial data visualisations for government and research applications. 

See full list of Software Attributions here

11. Data Attribution

The Data in the catalogue (11.1), Base Maps (11.2), Terrain (11.3) and Geocoders (11.4) presented in Terria Demonstration Platform is sourced from a wide range of organisations.  

See the full list of Data Attribution here

As Terria is an evolving platform, this list may not be up-to-date despite our best efforts. If you think an API or Dataset should be attributed hee, please let us know by contacting us at enquiries@terria.io 


12. Definitions 

12.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Services means the services we provide to you, as detailed at the beginning of these Terms.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.