1. INTRODUCTION
1.1 Your access and use of this Site is governed by these Terms and Conditions and our Privacy Policy.

1.2 By accessing and using this Site, you accept and agree to be bound by Terms and Conditions and Privacy Policy. If you do not accept our Terms and Privacy Policy you must not access or use this Site.

1.3 Unless otherwise specified to the extent of any inconsistency or conflict between information in any communication or notice and these Terms, these Terms will prevail.

1.4 We may change these Terms at any time at our discretion and without notice. The Terms will take effect when they are uploaded on our Website. Please review these Terms regularly when you access the Site to ensure you are aware of any changes made.

1.5 These Terms represent the latest version of our Terms of Use.

1.6 In these Terms, ‘us’, ‘we’ and ‘our’ means Orbmaps Operations Pty Ltd ACN 624 299 270 (“Orbmaps”).
2. DEFINITIONS
Account means an account registered through this Site or an affiliate Site.

Content means data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied on our Site.

Direct Communication means email, SMS, instant message or any other direct electronic communication.

Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in Bentleys.

Intellectual Property Rights means all statutory and other proprietary rights in respect of all intellectual or industrial property including all trademarks, patents, copyright, confidential information and all other intellectual property as defined by Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 and the right to register them.

Member means a User that has registered an Account with us to access the Service.

Privacy Policy means our privacy policy located at https://www.orbmaps.com/legal

Services mean the services offered by us through this Site to Members.

Site means all web pages located at www.orbmaps.com including all sub-domains, related and affiliated sites. Terms means these website terms and conditions between you and us.

Tools means products or services produced by our Site or affiliated Sites through the use of any devices, processes or software.

User means a user who has complied with these Terms and accesses the Site but does not have an Account.
3. ACCESS AND USE OF SITE
3.1 Subject to these Terms, you may access and use the general Site at no charge and without registering an Account.

3.2 You acknowledge and accept that access to and use of parts of the Site may:

        (a) be restricted to Members;

        (b) be subject to terms and conditions in addition to these Terms; or

        (c) require payment, and the imposition or removal of any access or use restrictions for any part of the Site is at our sole                            discretion.
4. RISK AND INDEMNITY
4.1 You agree to use the services of this Site at your own risk. We, our directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any direct or indirect injury, loss or damage arising out of or related to the use, or inability to use, the Site, the Services or any information on this Site or provided through this Site by email.

4.2 You agree to indemnify and hold us blameless in relation to any damages, costs or losses that may be suffered by you as a result of any claim arising directly or indirectly out of the use of this website and the provision of the Services associated with it.

4.3 You indemnify us against any loss or damage of any kind arising directly out of a negligent, deliberate or illegal act committed by you.
5. DISCLAIMER
5.1 ALL CONTENT, TOOLS OR OTHER DATA ON THE SITE IS PROVIDED AS GENERAL GUIDANCE ONLY AND DOES NOT CONSTITUTE BUSINESS, FINANCIAL OR ANY FORM OF ADVICE AND SHOULD NOT BE USED FOR ANY SPECIFIC PURPOSE OR IN SUBSTITUTION FOR SPECIALISED INDEPENDENT ADVICE.

5.2 You recognise the limitations of consultations or advice without examination, testing or investigation and never disregard tailored, independent and qualified advice or delay seeking it, because of something you have read on the Site.

5.3 We have taken all reasonable care in producing the information contained on this Site and providing the Services, however its completeness and accuracy cannot be guaranteed. Any information, services, products or other items on this site are provided “as is” without any warranty of any kind, either express or implied, including without limitation the implied warranties of fitness for a particular purpose. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in the information on this Site or any failure to update or correct this information.

5.4 It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this Site. If you have a question or concern about the appropriateness or application of anything on the Site, you must seek advice from a relevantly qualified professional.

5.5 Without limitation, all information on this website should be taken as a guide only and should not be relied upon by you. Information is provided subject to your overriding obligation, prior to use, to assess and control any risks arising from the use of this Site.

5.6 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Content for any particular purpose or specific business or that the Site can be used in relation to any business in substitution for proper specialised independent advice.

5.7 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site or its inability to meet your needs.

5.8 The use of and your reliance upon the Site is entirely at your own risk. When using the Site information will be transmitted over a medium which may be beyond our or our suppliers jurisdiction or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly.

5.9 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site which is beyond our direct control. For the avoidance of doubt we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site.

5.10 You disclaim any right to rescind, or cancel this agreement or to sue for damages to claim restitution arising out of any misrepresentation made to you by any of our contractors, third party service providers or agents.

5.11 You acknowledge that you utilise this Site and our services relying solely upon your own skill and judgment and that we shall not be bound by nor be responsible for any term, condition, representation or warranty other than any warranty contained in any legislation.
6. PRIVACY
6.1 We value your privacy. Please refer to our Privacy Policy at www.orbmaps.com/legal for further details on how we collect, store and use your personal information.
7. REGISTERING AN ACCOUNT
7.1 It may be necessary to register an Account to access various Services and Products including, but not limited to secure online payment facilities. You may also be required to register an Account with our contractors, third party service providers or agents for provision of these Services.

7.2 When Account registration is required you will be notified at the time of registration and required to follow Account registration procedures which may include you being required to:

(a) validly enter your contact details which may include your full name, address, phone number and email address along with all other information requested; 

(b) signify your acceptance of these Terms in addition to any other conditions which apply to that Product or Service which are displayed at that time; and

(c) pay a fee.

7.3 Accepting these Terms and any additional terms and conditions displayed during registration is an important part of the registration process. You should carefully read these terms and any additional terms and conditions which apply before registering an Account with us or our contractors, third party service providers or agents.

7.4 You must keep your Account password associated with any of our Services confidential. You are responsible for any activities or transactions made using your Account. We are not liable for any damage or loss which results from unauthorised access to your Account. We are not liable for any breach of privacy which results from unauthorised access to your Account. You must immediately notify us of any unauthorised access or use of your Account of which you become aware via the Contact us section of the Site.

7.5 When registering an Account you must provide us with accurate and truthful registration information, which may include, but is not limited to, your name, address, telephone number, and email address to keep your registration information current. You must notify us of any change of your personal information as soon as reasonably practicable in accordance with our Privacy Policy.

7.6 You may use a pseudonym or not identify yourself when registering an Account, however if you do not provide some or all of the personal information or credit information requested, we may not be able to provide you with or all of the services you request in accordance with our Privacy Policy.


8. USE OF YOUR ACCOUNT
8.1 You authorise us to monitor your use of your Account and permit us to use your personal information relating to your use of your Account in accordance with our Privacy Policy.

8.2 You must retain a copy of all material contained on your Account so you may recover all such material in the event your Account is no longer accessible.

8.3 Each of the following activities are prohibited in using your Account and accessing our Site:

(a) Use or any type of data mining or accumulation tool to compile, disseminate, extract, reproduce, use, publish or package in any form any of the content, data or information contained within or accessible via your Account, our Site or its affiliated Sites; 

(b) Compiling, disseminating, publishing or repackaging any information (including personal and sensitive information) from our Site or its affiliated Sites;

(c) Use of any type of device, process or software to interfere or attempt to interfere with your Account, our Site and servers or networks connected with our Site or its affiliated Sites;

(d) Use of your Account, our Site or its affiliated Sites for any other reason other than those permitted by our Terms and Conditions; and

(e) Use of your Account, our Site or its affiliated Sites for any unlawful purpose or activity or in breach of any applicable law or regulation.
9. CONTENT
9.1 We derive Content from sources which we believe are accurate and up to date as at the time of publication, however, we do not make any representation or warranty as to the currency, reliability, suitability, accuracy or completeness of any Content provided via the Site.

9.2 While we use reasonable commercial endeavours to update Content embodied in the Site, you indemnify and release us from all liability for any claim, loss, damage, cost or expense that directly or indirectly results from your reliance on any Content provided on the Site.

9.3 We may from time to time produce digital content or marketing material on our Site. This Content is intended to provide general information only.
10. TRANSACTIONS
10.1 You may be required to make a transaction through the Site for Products and Services including through the use of our Site or via the websites of our contractors, third party service providers or agents.

10.2 All transactions made through the Site will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the transaction.

10.3 All Products and Services offered on the Site are subject to the restrictions and disclaimers contained in these Terms in addition to any other terms and conditions which apply to those Services.

10.4 By completing a transaction you agree to pay all amounts related to the transaction including all taxes and any additional charges by the relevant due date. Once a transaction is completed on the Site it cannot be cancelled or reversed.

10.5 We may utilise third parties to facilitate purchases. you acknowledge and accept that for any Transaction related to Products or Services supplied by third parties:

(a) We only facilitate your purchase of those Products or Services from the relevant third party supplier and are not responsible for the supply of the Products or Services; 

(b) those Products or Services may be subject to additional third party terms and conditions. You should review these terms and conditions before making any Transaction for third party Products or Services; 

(c) any description or images on the Site of third party Products and Services are provided by the relevant third party supplier and not us; 

(d) to the extent permitted by law and in addition to any other part of these Terms, we accept no liability for any loss or damage directly or indirectly related to any third party Product or Service purchased through the Site, including a third party’s inability to supply a particular Physical Product or Service; and 

(e) any warranty claims related to third party Products or Services purchased through the Site will lie with the third party supplier of the Product or Service and not us. 

10.6 Subject to clause 10.8, the safe and timely delivery of any Product purchased through the Site is the sole responsibility of the supplier of that Product.

10.7 You acknowledge and accept that, while we make all reasonable commercial efforts to ensure transactions occur in a secure environment, transacting through the Internet has inherent risks and we are not responsible for any unauthorised:

(a) interception, modification or diversion of a transaction request; 

(b) access or copying of details relating to a transaction (including personal or financial information) that may result in a breach of your privacy; and  

(c) failure to deliver a Digital Product, where that failure is not directly caused by our deliberate actions. 

10.8 We reserve the right to modify, suspend or cancel any Transaction for any reason.
11. CLOSING ACCOUNTS
11.1 Subject to any additional terms specific to an Account, You may close any of your Accounts at any time.

11.2 We reserve the right, without notice to you and at our complete discretion, to refuse to register your Account or modify, suspend, close or block your Account if we believe you:

(a) have breached any part of these Terms;

(b) are likely to breach any part of these Terms; or  

(c) have acted against our business interests or reputation. 

11.3 You will not be entitled to recover any fees if your Account is closed in accordance with clause 12.2.
12. INTELLECTUAL PROPERTY
12.1 You acknowledge that we are either a licensee or a owner of all rights, titles and interests in the Intellectual Property of this Site.

12.2 All copyright in the website design, text, graphics, the selection and arrangement of the Site, and all software relating to this Site belong to us. our copyright is protected and subject to Australian laws including the Copyright Act 1968 (Cth).

12.3 By accessing and using the Site you acknowledge and agree:

(a) You will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;

(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of this Site or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Site; and  

(c) You must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property, without our prior written authorisation. 

12.4 You agree to use the Site for lawful purposes only. You indemnity us against any action, losses, costs or claims arising from an infringement of any third party intellectual property rights from the use of any designs or copyright material by you.

12.5 You agree to comply with the provisions of the Copyright Act 1968 (Cth) when using our Site.

12.6 All trademarks appearing on our Site belong to their respective owners.


13. MODIFYING AND TERMINATING THE SITE
13.1 We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at our absolute discretion, without notice or liability to you.

13.2 Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.
14. HYPERLINKS
14.1 We have no control over and are not responsible for the content of any third-party:

(a) site for which a hyperlink is provided or displayed on the Site;

(b) site framed within the Site; or  

(c) advertisements displayed on the Site. 

14.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 16.1.

14.3 Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.

14.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
15. LIABILITY
15.1 Where we expressly or are deemed to be providing any advice our liability is limited by a scheme approved under the relevant Professional Standards Legislation.

15.2 Subject to clause 16.3, we are not liable for any loss or damage, however caused (including, without limitation, negligence on our behalf), suffered or incurred by you in connection of or use of your Account, our Site or our affiliated Sites.

15.3 To the fullest extent permitted by law:

(a) all conditions and warranties concerning the Site (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by us, our liability to you is limited to the remedies contained in section 64A of the Australian Consumer Law (Cth), which you agree it your only remedy;

(b) in no event will we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;  

(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site; and 

(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

15.4 You are liable for and indemnify us from and against any loss or damage (including, without limitation, legal costs) however caused, suffered or incurred in connection with any act or omission by you including, but not limited to, infringement of intellectual property rights, breach of privacy and any illegal acts or omissions.

15.5 The indemnities contained within Terms and Conditions will continue notwithstanding any settlement of your Account.

16. APPLICABILITY OF SERVICES
16.1 Due to operational restrictions, our services can only be offered in Queensland.

16.2 We make no representation that our services are appropriate or available for use in locations outside Australia or in all States and Territories of Australia.
17. MODIFICATION OF TERMS
17.1 We reserve the right to change these Terms, including the right to add new terms. You are responsible for regularly reviewing the terms, conditions and notices of these Terms, and any modified or additional terms, conditions or notices that may be included on or with any content available on the Site.
17.2 Your continued use of the Site and our services constitutes your agreement to all such terms, conditions and notices.
18. GENERAL
18.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

18.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

18.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

18.4 These Terms are governed by and construed in accordance with the laws of each applicable State and Territory and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.