Creating a data driven future using remote sensing
THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS OF THIS WEB PORTAL AND ANY DATA AVAILABLE THROUGH IT.
If you do not agree to comply with the Terms and Conditions then you must not access or use the Web Portal
This i-EKbase - Intelligent Environmental Knowledgebase Web Portal ('Web Portal') is owned and operated by the www.iekbase.com of Australia, a Limited Partnership (ABN 92 903 215 373).
The Web Portal and any Data is available for you to access only on the condition of your acceptance, without alteration, of the terms and conditions of this agreement set out below ('Terms and Conditions'). The Terms and Conditions are legally binding. Your acceptance of and agreement to comply with all of the Terms and Conditions is indicated by accessing and continuing to access the Web Portal and any Data.
If you intend to access the Web Portal or Data in connection with your employment or as an agent for a principal, you should only accept this agreement if you have been authorised to do so by your employer or principal (as applicable). By accepting this agreement, you are warranting to www.iekbase.com that you are authorised to do so on behalf of your employer or principal (as applicable).
Separate Data Provider Terms will apply to Third Party Data. You must comply with all relevant Data Provider Terms as a condition of this agreement.
If www.iekbase.com has entered into a separate written agreement with you for access to the Web Portal or any Data, the agreement will operate concurrently with this agreement, but will apply to the extent of any inconsistency.
TERMS AND CONDITIONS OF USE
1. Meaning of words
The following words have their defined meaning when used in this agreement:
2. Right to access Web Portal
www.iekbase.com grants you a non-exclusive and non-transferable right to access the Web Portal:
All IP rights and other rights in and to the Web Portal and Data remain owned by www.iekbase.com (or a relevant third party). www.iekbase.com makes no claim over any IP or other rights that you create as a result of your access of the Web Portal. During your period of access to the Web Portal, you must act in good faith to provide www.iekbase.com with feedback with respect to the functionality (e.g. accuracy, user experience etc.) of the Web Portal.
3. Rights to Third Party Data and other third party material
Third party offerings including any Third Party Data are not owned, provided, or endorsed by www.iekbase.com and you access such third party offerings entirely at your own risk.
For any Third Party Data you access, you agree www.iekbase.com is not granting you any rights in relation to that Third Party Data, and your access is subject to any separate legal agreement or obligations between you and the relevant third party and/or Data Provider. You should review the relevant Data Provider Terms before accessing Third Party Data.
www.iekbase.com uses publicly available third party satellite data from NASA and ESA. Third Part Raw Data could ?Cloudy Satellite Data?, which can affect i-ekbase product deliver, as cloud cover obscure satellites from capturing data. www.i-ekbase.com does provide all products irrespective of cloudy conditions, but does not take any responsibility of data quality in such a condition, as natural cloud cover is a natural phenomenon beyond anybody?s control.
4. Your access
Without limiting your obligations, unless permitted in writing by www.iekbase.com, you must not:
5. Password and access to account
You are solely responsible for the security of your password and should not share it with anyone nor store it in an insecure place.
You should not allow others to use your account to access the Web Portal.
6. General Conduct
If the Web Portal facilitates communication among Registered Users, it is important to ensure that trust and respect is maintained within such users. Accordingly, where these Terms and Conditions do not specifically address a matter in relation to usage of the Web Portal, you must act in a manner which:
7. Permitted uses of material on the Web Portal
The IP rights subsisting in the material on the Web Portal is owned by www.iekbase.com and other IP right owners.
Trade marks referred to on this site may be registered in some jurisdictions. Where the Web Portal refers to any trade marks not owned by www.iekbase.com, www.iekbase.com does not thereby represent that it has an ownership interest in, or a licence to use, any such trade marks.
You may use the Web Portal or the material contained on it, only if you are a Registered User. In such case, provided you do so in good faith and in accordance with these Terms and Conditions, you may:
However, you must not change any of the material or remove any part of any copyright or trade mark notice.
Any other type of use requires prior written consent from www.iekbase.com or the relevant rights owner.
8. Prohibited behaviour
When using the Web Portal, you must not:
9. Information security
In relation to any Personal Information which you access and/or download through Web Portal:
www.iekbase.com may take disciplinary action against you if you fail to comply with these Terms and Conditions. Such action includes withdrawing your access rights to Web Portal on a permanent or temporary basis.
In addition, www.iekbase.com reserves all other legal rights that it may have.
11. ACKNOWLEDGEMENTS AND DISCLAIMERS
You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Web Portal and any Data, information or material available or generated from it. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
You acknowledge that:
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WEB PORTAL AND ANY DATA OR INFORMATION ACCESSED FROM THE WEB PORTAL IS PROVIDED "AS-IS". www.iekbase.com MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OR COMPLETNESS OF THE WEB PORTAL AND ANY DATA OR INFORMATION ACCESSED FROM THE WEB PORTAL, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, UNINTERRUPTED OPERATION OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL www.iekbase.com BE LIABLE ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY CLAIM, LOSS, DAMAGES OR OTHER LIABILITY HOWSOEVER INCURRED. WITHOUT LIMITING THE SCOPE OF THE PREVIOUS SENTENCE THE EXCLUSION OF LIABILITY SHALL INCLUDE: LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ACCESS OF THE WEB PORTAL AND ANY DATA OR INFORMATION OR ANY OTHER DEALINGS WITH THE WEB PORTAL AND ANY DATA OR INFORMATION, EVEN IF www.iekbase.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS, DAMAGES OR OTHER LIABILITY.
APPLICABLE LEGISLATION SUCH AS THE AUSTRALIAN CONSUMER LAW MAY APPLY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, OR IMPOSES OBLIGATIONS OR LIABILITY ON www.iekbase.com THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED TO THE FULL EXTENT SET OUT IN THE EXPRESS TERMS OF THIS CLAUSE ABOVE ('CONSUMER GUARANTEES'). TO THE EXTENT THAT SUCH CONSUMER GUARANTEES CONTINUE TO APPLY, THEN TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LEGISLATION, THE LIABILITY OF www.iekbase.com UNDER THE RELEVANT CONSUMER GUARANTEE IS LIMITED (WHERE PERMITTED AT www.iekbase.com'S OPTION) TO ONE OF FOLLOWING REMEDIES OR SUBSTANTIALLY EQUIVALENT REMEDIES:
IN THIS CLAUSE, www.iekbase.com INCLUDES ANY THIRD PARTY AUTHOR OR OWNER OF ANY PART OF THE WEB PORTAL OR ANY DATA OR INFORMATION DISTRIBUTED WITH IT. www.iekbase.com MAY ENFORCE ANY RIGHTS ON BEHALF OF THE RELEVANT THIRD PARTY.
12. Always check information
Views expressed on the Web Portal do not necessarily represent the views of www.iekbase.com on any matter.
www.iekbase.com makes no representations or warranties as to any Data's accuracy, completeness or reliability. Without limiting the forgoing, information on the Web Portal:
You agree to indemnify www.iekbase.com against all actions, claims, losses, expenses, costs or damages incurred by or on behalf of www.iekbase.com arising directly or indirectly from your breach of the Terms and Conditions or Use or your unauthorised use of the Web Portal or any Data or information accessed from the Web Portal.
When accessing the Web Portal, a record of your visit is logged and you will also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth) ('Personal Information'), to www.iekbase.com and other third parties over the Internet.
When you provide www.iekbase.com with Personal Information, you acknowledge that purposes for which www.iekbase.com may hold and process your Personal Information includes:
De-identified information may be used by www.iekbase.com and our collaborators for the purpose of further research and development of the Web Portal and other technologies.
You further acknowledge that, as part of the operation of the Web Portal, other third party service providers may also have access to the information that www.iekbase.com has collected. In such circumstances www.iekbase.com may transfer or disclose your Personal Information to third parties who may be located world-wide. Therefore it is possible that your Personal Information may be transferred to jurisdictions where privacy laws are less rigorous than Australian privacy laws.
Other than for the purposes acknowledged above or where www.iekbase.com may be required by law to disclose certain information, www.iekbase.com will not use or disclose your Personal Information without your consent.
www.iekbase.com will use reasonable endeavours to ensure that the most recent information provided by you is displayed.
Data Providers are not acting on behalf of www.iekbase.com. You may be submitting personal information to them directly as part of accessing Third Party Data. You should separately confirm their privacy and information handling policies before accessing relevant Data and associated services. They may be subject to different legal obligations with respect to handling and storage of your information.
If you would like to obtain a copy of the Personal Information about you held by www.iekbase.com, or correct any such information, please contact us via the details on our website: www.www.iekbase.com.au.
15. Security of Information
While www.iekbase.com endeavours to provide a secure environment and a reliable system, you should be aware that the Internet exists across insecure, public networks and there are inherent risks associated with the transmission of information via the Internet, including:
You, not www.iekbase.com, must take your own precautions to ensure that whatever you select for your use from the Web Portal is free of viruses and anything else which may cause damage or loss, and you assume the entire cost of all necessary servicing, repair or correction due to your use of the Web Portal.
This agreement is effective until terminated. www.iekbase.com may terminate this agreement at will by any of the following means:
The effective date of termination will set out in the notice, and may be immediate at www.iekbase.com's absolute discretion.
On termination, all your rights to access the Web Portal and any of www.iekbase.com's Data cease. Your rights to any Third Party Data accessed are subject to any separate Data Provider Terms for the relevant Data. Termination does not affect www.iekbase.com's rights to any information it has obtained from you prior to termination.
Termination does not affect www.iekbase.com's ability to claim damages or other compensation for breach of this agreement or of www.iekbase.com's rights at law, including for access to the Web Portal and any Data without a valid right.
You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of this agreement and www.iekbase.com will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of this agreement or its rights to the Web Portal or any Data, in addition to any right to recover damages.
We may change these Terms and Conditions or the Privacy Statement from time to time. You should refer to the Terms and Conditions and the Privacy Statement on a regular basis as you will be deemed to have accepted any variations to the Terms and Conditions and the Privacy Statement when you continue to access or use the Web Portal after any variation has been posted. www.iekbase.com will use reasonable endeavours to note substantive changes to the Terms and Conditions or Privacy Statement on the Web Portal when such changes are made.
18. Entire agreement
No action of www.iekbase.com, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions.
All international conventions that might import contractual terms into this agreement are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.
Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
This agreement is to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the agreement will as far as possible be valid and enforceable by www.iekbase.com in the relevant circumstance.
19. No use of www.iekbase.com name
You must not use the name, any trade mark or logo of www.iekbase.com to claim any sponsorship, endorsement, approval or affiliation or other association with www.iekbase.com by virtue of this agreement or your access to the Web Portal or any Data, unless you have express written permission from www.iekbase.com.
20. Resolving disputes
In any dispute arising out of or in connection with this agreement or the Web Portal, you agree to first negotiate in good faith with www.iekbase.com to resolve it. If the dispute is not resolved by those negotiations within 30 days, you will notify www.iekbase.com before taking any court or other legal proceedings, and either party may refer the dispute to the Institute of Arbitrators and Mediators Australia ('IAMA') for resolution by mediation in accordance with the IAMA Rules on Mediation. However, this does not limit www.iekbase.com's rights under the agreement or prevent www.iekbase.com from seeking any urgent interlocutory relief.
21. Governing law and relevant jurisdiction
This agreement will be governed by and interpreted in accordance with the laws of the Australian Capital Territory, Australia, to the exclusion of any principles of conflicts of laws.
You agree to the jurisdiction of the courts of the Australian Capital Territory to determine any dispute arising out of this agreement.
Notwithstanding the foregoing, www.iekbase.com has the right to commence and prosecute any legal or equitable action or proceeding before any non-Australian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion www.iekbase.com, such action is necessary or desirable.
© i-ekbase 2017